470 



FOREST AND STREAM. 



could for him ; but he was too hard to satisfy, and now 

 rushes nie into print in what I think an ungentlemanly 



Wis trust that this may relieve our friend of any unfair 

 criticism ho may have had at the hands of our readers, as we 

 fiw Assured such is undeserved. 



arjSETTS— Botom, Jan. 6. — Quail season is over; a 

 lot left to breed; woods now full of snow; harbor now 

 >up ; men celing ou the ice. Pickerel fishing has beeD 

 tbdut the county. Morgan, of Salem, has done well. 

 Sir Snow and friends also got BOme fine fish. Some mink 

 i iii about BoXford; Thomas Peabody got a fox just, before 

 the lust snow; Messrs. Bailey and Stevens shot sixty-one 

 inuskrnls in four hours on the Artichoke, at West Newoury, 

 Lly; Mr. Bailey and one other gunner got ten white 

 in Maine State recently ; chances now are trood for forc- 

 ing In most any pari of the county. Our new Massachusetts 

 game laws leave just loopholes euough for unprincipled gun- 

 ners to crawl out and evade detection ; out then, 1 suppose, 

 What the wise heads say and do must be right. R. L. N. 



ConHBCTKTOT — JVfiw Have?)., Dec. 30.— Duck shooting at 

 Thimble Islands can hardly be called lair, what then 

 in the bays east and west of the Thimbles. The coot have 

 most all gone. Old Bqpaus in fair numbers. The look-out 

 for broad bill shooting for the next two months is good ; two 

 gunners are now getting eight to a dozen birds a day. Black 

 ducks have been scarce but are now on the increase. Jake. 



New Haven, Jan. i.— Two gunners, on Jan. 1, at Thimble 

 Island, bugged 34 broad-bill. This can't be done every day. 



KssTUCRY — SieJeman, Dec 28. — The. lake is frozen over, 

 and tho ducks, geese and Bwan flock in vast numbers to the 

 air holes. Sportsmen find it difficult to get to them and sport 

 .i -i quently slow. No shipments for this week, 500 lbs. 

 for last week. ' Few turkeys in market for Christinas dinners ; 

 sohi for fifty cents each. "I believe there is nothing do 



l.r; all visitors have gone home for holidays. Follow- 

 ing for game— Turkeys, 50 cents each; geese, 35 to 40 

 leach; duBks, mallards, .$1.50 per doz.; mixed do., $1 

 per doz ; quail, 60 to 75 cents per doz ; venison, scarce, 15 

 cents per lbvs swans, $1 each ; rabbits, 8 to 10 cent6 each. 



Yai.. 



Tennessee— Naslaille, Jan. 1.— Last week we had quite a 

 fall of snow, and very cold weather, just Ibe kind to make 

 good rabbit, hunting." Many availed themselves of the oppor- 

 tunity, and many' were killed. I heard of two men who 

 killed 190 in two days. Quail still continue abundant. Two 

 Urge owls are on exhibition at a nsh and game dealer's in the 

 city. Ducks in large numbers are being hawked about the 

 streets. J- D. H. 



Texas— San Antonio, Jan, 1.— Game was never as plenty 

 before as now, according to accounts of our old hunters. ( 

 find quail inside city limits. Bexar County affords good 

 cover. Broom weed and Mesquite are just alive with quail 

 and rabbit. -Deer are brought in by the wagon load, and tur- 

 key can be counted by the thousand in the live oak counties. 



Almo. 



Ohio— Oxford. Jan, 2.— Game has been plenty here, but 

 hard to get. The choke-bore gun is not juBt the thing for 

 quail in Wn and the close cover in which they are sure to be 

 found. Some of us have resolved that before another season 

 we will have an extra pair of cylinder barrels added to our 

 guns. The snow has been on for two weeks, and the quail 

 are said to be starving. I have succeeded in bagging 118 

 quad and 45 rabbits since Nov. 1. and have now oiled my 

 gun and laid it away. J- S. 



MlOBupAH— Detroit,, Deo. 28.— Dec. 23 and 24, Wm. Smith 

 and a friend were out hunting and bagged 16 quail and 2 

 partridge. Alex. Whitmer was out in the country for live 

 dsys after rabbits and bagged 98. Wm. O. Lumsdon returned 

 to-day from his annual -week's hunting; he went well pre- 

 d Cor good sport, taking 600 loaded shells with him and had 

 excellent sport, bagging during that time 3 partridge and 1 

 . I units Skuse and Nelson Simpson, of Windsor, Ont., 

 .hi on the 21th and 25th and had very fine sport, bag- 

 quail and 5 partridge. Dkuid. 



WjbcoKSis— Bamboo, Dee. 31.— Our deer hunting is over 



for this year, thus putting a slop to some excellent sport 

 which our hunters enjoyed so much. Since Nov. 24th to 

 date from 200 to 300 deer have been killed in our vicinity. 

 Frank Houghton bagged five coons alive Eome time, ago which 

 he makes great pets of. lie has them trained so they will 

 come to him as their names are called. Ed. Holland. 



A LA.KGB Soorb— Editor Forest and Stream: I send you 

 the following account of the cmount of shooting done by a 

 party assembled at his Highness Duleep Singh's, at Eividon, 

 Norfolk Among the invited guests were the Dukes Man- 

 chester and At boi. Lords Londesborougb, Darce, De Grey, 

 Walsingham, and Sir R. Hervey, the average number of guns 

 bein" eight. The shooting differed widely from that to which 

 we are accustomed at, home, tor at times there were as many 

 as six hundred pheasants on the wing at a time. Conse- 

 nuent.lv they made a good bag, as the inclosed score shows. 

 There 'has been little or no hunting for some time past, on 

 account of frost, and bad weather, besides several packs being 

 mad The bags made were ; Dec. 3, 1,081 pheasants, 9 par- 

 tridges 13K hares. B0 rabbits, 6 woodcock, 2 quail; Dec. 4, 

 1 001 pheasants, 10 partridges, 175 hares, 510 rabbits, 7 wood- 

 cock- Dec 5. 2,202 pheasants, 10 partridges, 218 hares, 103 

 rabbits 7 woodcock, 40 ducks. The totals were 1,316, 1,798 

 and 2 G46, or grand total, 5,755. The market value of game 

 here is Pheasants, 10 shillings per brace; partridges, 7 ditto; 

 ha.es 5 shillings each ; rabbits, 1 ditto. Woodcock. 



Hikiwjs, Eng., Inc.. 20, 1578. 



Mv Fihi-t OarAi.— Putnam, Conn., Dee. 29. — Editor I west 

 and Strewn : Fi I'ty years ago deer were abundant in Plymouth 

 Woods. I was a boy of sixteen. My uncle had given me a 

 small flint-lock fowling piece. Icleanedout father's cartridge 

 box of powder and ball, flattening out the ball and cutting H 

 up for shot, and with our yellow dog was in the woods most. 

 of my time. Once 1 went, over to a small woods called Cook s 

 Bwauip which came up near the door of Widow Cook's cottage, 

 the old orchard being partly in the swamp, the dog bad trued 

 ge, which I shot. Soon the dog began to bark and I 

 saw a large Creature and banged away at. It saw me, and in 

 ite fright came directly forme, l scrambled up an old pple 



i -e and halloed with all my might for help. I soon heard 

 Mow coming. Taking up a stick, struck the fawn and 



aid " Go home, Fanny, let the boy alone," then said to me, 



" You needn't be afraid, boy, she won't hurt you, it's Jane's 

 deer." q_ F . W . 



A Dog Shoots a Mas.— Okarlestan, Coles Co., Ill, Dec. 

 31. — Near Stockton, a railway station five miles west of here, 

 on Dec. 1-tth inat., Elijah WilliahiS was out a hunting and 

 training a young dog. He bad killed a quail and he was 

 holding it up with his left hand, so the dog could scent it, 

 and at. the same time was holding his gun in his right hand 

 cooked. The dog was rearing up after the quail and' knocked 

 the gun out of Williams' hand and shot him in the right arm, 

 between the elbow and shoulder. It is a very bad allot, the 

 doctor has taken out several pieces of bone. W. may miss 

 amputation if he is careful. J. B. Dazev. 



Funics Shooting.— Mr. Tra A. Faine has been giving 

 glass ball shooting exhibitions in Troy, N. Y., and Jersey 



City, K. J. Week alter next he appears at the London The- 

 atre, tin's City, and afterwards at Harrigan and Halt's 



THE LAWS OF TRESPASS. 



Editor Fokest and Stream- 



The questiou propounded by a correspondent in your issue 

 of the 5th inst. has been answered by another in a manner not 

 altogether satisfactory lo the writer, and, as the subject is in- 

 teresting and a proper decision of it important to sportsmen, 

 a little further discussion may not be out of place. 



Your correspondent, "C. G., Jr.," in your issue of Decem- 

 ber 12 very properly says, " Trespass was undoubtedly com- 

 mitted by sending the dog on the neighbor's properly to re- 

 trieve the bird." But this gave the neighbor no right to shoot 

 the dog. 1 1. was a mere personal trespass of the master, the 

 only remedy for which is an action at law. 



Now as to the right of property in the bird. Your corres- 

 pondent says, " If a wild bird flies from my land to the land 

 of another, and I shoot that bird after if has crossed my line, 

 1 have no right of property in the bird so shot." So under the 

 common law the correspondent really did not own the bird 

 at all. 



This is not law, either common or statute. On the con- 

 trary, we hold that, "If the game passed into a neighbor's 

 ground the property vanished and became the captor's, 

 although obtained by trespass. (See Oka's Game Laws, p. 

 34 ) In England it is established by many early decisions 

 that, b trespasser killing an animal fe.rm natures and carrying 

 it away is not guilty of larceny. fSee Hale's P.O. 510; 7 

 Coke, 11.156; 2 Kuss. on Cr. 84. 4 Bl. Com. 200.) The 

 reason being that, in order to constitute larceny, the property 

 must have previously bclflnged to some individual. In the 

 United States questions of this sort, are governed by State 

 laws, differing very widely in their scope and operation as to 

 the mere fact of trespass, but the right to the posses- 

 sion of the game remaitis as above stated— in the captor. 

 But in England the exact point raised by your first 

 correspondent has been settled positively in his favor. There 

 the whole subject is provided for in 1 & 2 Will 4. c. 32. Sec. 

 80, which enacis, " That if any person whatsoever shall com- 

 mit any trespass by entering or being in the daytime upon 

 any land in search or pursuit of game, or woodcocks, snipes, 

 quails, landrails or conies, such person shall, on conviction 

 thereof .before a justice of the peace, forfeit and pay such 

 sum of money, not exceeding two pounds, as to the justice 

 shall seem meet, together with the costs of the convictiou. 

 Under this section the case of Kenyon vs. Hart arose, and it 

 was there decided that. •' it is not a trespass within this sec- 

 tion to enter on another's land to pick up game which rose on 

 other land, when the shooter had a right to shoot, and which 

 was shot while in the air, although the shooting took place 

 while the bird was in the air over the other land." (See 

 Kenyon vs. Hart. 34 L. J.— N. S.-M. C. 87. 11 L. T.-N. 

 8.— 733.) The distinctions, however, under this law are ex- 

 ceedingly nice. In the case of Osbond vs. Meadows it was 

 held " that a person who, on his own land, shoots a pheasant 

 ou the land of another, and goes on that land to pick up the 

 bird, commits r trespass of entering land in pursuit of game 

 within 1 & 2 Will. 4 c. 32. s. 30"— the shooting and picking 

 up the bird being one transaction and not larceny, as it would 

 have been had they been treated as separate offences. In 

 that case Mr. Justice Erie said, " I beg to reserve for another 

 time whether the entering the land for the purpose of picking 

 up dead game constitutes a trespass within the statute." 



It is to be noted, however, that it is only in the fresh pur- 

 suit, of game that, the trespassing captor is eutitled to its pos- 

 session. If sufficient time has elapsed between the killing 

 and the taking it away the law infers that the wrongful pos- 

 session has been abandoned, and then (and not till then) it 

 becomes the property of the landowner. 



If this is not a correct view of the law, it will give the 

 writer pleasure to be instructed in regard to the matter by 

 your legal friends. But we think that though the act of your 

 correspondent was a trespass under his Stale law, yet. he" was 

 entitled to bag his bird, and as manv mure as he could. 



Norfolk, Fas,, Dec. 20, 1878. T. S. G., Jr. 



Editob Forest >>r> Stbkam: 



Bro. B is a reader of your paper, and is sometimes 



given to the discussing of legal quiddits. He called my at- 

 tention to the communication of " 0. G., -lr.," in your issue 

 of the 12th, wherein " C. G., Jr.," answers the question 

 " What is Trespass ?" It will not, be considered presumption 

 in ft backwoods lawyer to call in question ibe opinion of a 

 Philadelphia brother. The point is, however, one of interest 

 to sportsmen, and I need make no apology for complying 

 with Bro. U.'s request to criticise the position assumed by 

 "C. G. Jr." 



He says : ".If .a wild bird flies from my land to the land of 

 another, and I shoot that bird, after it has crossed the line, I 

 have no right or property in the bird so shot.." He says that 

 the common law sustains this position. Blackstone, whom 

 we all consider authority, says: "If a man starts any game 

 within his own grounds and follows it into another's, and 

 kills it there, the property remains in himself," 2 Bl'k. Com. 

 419. In Sutton vs. Moody, Ld. Raymond 250, it was held 

 that a man has property in animals ferm natura on his land, 

 and there are decisions of the English courts much older. 

 He may lose his property in such animals if they voluntarily 

 quit his land, but it seems otherwise "if they are hunted out 

 of the forest or warren." Iu your own State this questiou of 

 ownership was involv.d in the case of Pierson vs. Post, 3 

 Caine's Rep's 175, decided in 1805. Again, in 1822, in Bus- 



ter vs. Newkirk, reported in 20 Johnson, 75, the same question 

 arose, and the doctrine laid down in Pierson vs. Post ap- 

 proved. In the case of Busier vs. Newkirk the court uses 

 this language, after stating that property can be acquired iu 

 animals fww ■natura : "It is Sufficient it the animal is de- 

 prived of his natural liberty, by wounding or otherwise, so 

 that he is brought wilhin the power and control of the pur- 

 suer." According to these authorities, then, it I flush a bird 

 on my land, and bring it within my control by shooting ii, 

 while it is flying over my neighbor's held, the bird is mine. 



As to the question of trespass in retrieving the bird, that 

 would depend upon my right to go upon my neighbor's land 

 to recover my property. I could not be charged with tres- 

 pass lor taking away my own property, though I might be 

 lor going upon my neighbor's land without leave if I caused 

 him any damage by going upon his land. Practically injuria 

 sine eht.mno is not actionable, notwithstanding the ancient 

 maxim that wherever there is a wrong there is a remedy. I 

 should have no hesitation in going or Bending my dog into 

 my neighbor's field, under the circumstances, to retrieve mv 

 bird. 



The English case of the rifle ball is a trifle thin. Ottjus est 

 ■solum, etc. — •' He who possesses land possesses that which is 

 above it"— is an ancient maxim that must command respect; 

 but " He who adheres to the letter of the law will stick in the 

 bark " is another maxim demanding grave consideration. 



The balloon case, as your correspondent puts it, is also airy. 

 It was not for sailing through the air, but for descending 

 upon and destroying Lite plaintiffs potato and radish patch 

 that the defendant was mulcted in damages. Guille vs. 

 Swan, 19 Johnson, 381. p. 



Denver, Col., Dec. 23, 1878. 



COOTING OFF SEA. VIEW. 



„ BOSTON, Dec.,l8T3. 



EDITOR FOEF.MT AND STREAM ! 



The wind which had been Blowing tor several days from the east, at 

 last veered round 10 toe Damn and west, and I hastened to drop L. a 

 line that he might have decoys, boat, etc., ready for a few day's coot 

 shunting. Friday, Mov. 1, dawned bright and clear, with wind west, 

 which 1 knew would soon beat do.vn the heavy sea caused by the 

 easterly blow. Accordingly I took the 3:30 r. m. train from the Old 

 Colony Depot, Bnstoa, and after an hour and a half fonnd myself at 

 the Sea View station and L. there to meet me. Everything gave 

 promise of a fair day for the morrow, and we retired early. At 3:2.0 m 

 the morniug I was awakened by L., and, hnrryingonniyclotb.es, I 

 found a hot breakfast wattin». This was soon disposed of, and L., 

 seizing the well-Known square bax divided into compartments for 

 powder, shot, wads, etc., an article still used by the old coast gunners, 

 who fondly cling to the old inuzzlc-Ioaders, declared himself ready. 

 My pockels were soon ailed with (hells charged with No. 4 chilled 

 shot (to uiy mind the best killing size for sea fowl, ;ioons and geese ex- 

 with my 10-gn.age over my shoulder, I followed to the 

 river. We polled ont into the glassy water. The morning was quite 

 dark; overhead the stars bright, no: a breath of wiud stirring, and 

 perfect stillness reigning, Bttye the dull, icgular boom of the surf far 

 away on the bench over the sand huts. The air was clear and crisp, 

 and a delicate lllm Of front work lay spread over everything. When 

 within a mile of the mouth oi the river, lite incoming tide became too 

 swift to row against; with comfort, so we lauded, and, tying one end of 

 to the bow of the dory, aud making fast the other to a 

 raw-lock amidships, wo proceed, d to tow. While plodding along In 

 silence near i he month of Stmtli Kiver, we were startled by quite a 

 rge bunch of geese rlBiag from the water with loud honking. We 

 mght a glimpse of them ns they made out to sea, their bodies being 

 darkly ontlined ng.iiust the eastern sky. Boon themouthof the river 

 reached, and after a hard struggle against tide and rollers, we 

 passed the bar and pulled out a mile or more, and HOon had our de- 

 tor " woods " as they are termed along shore) out and our dory 

 ored a gun-shot, off. Arranging ourselves comfortably m the 

 r covering the bottom of the boat, we waiting for daylight. Ere 

 long the stira grew dim, pale streaks appeared in the east, the shore 

 before shrouded in darkness, was slowly revealel to ns as the 

 light increased. Smoke from Hie chimneys of the houses on shore 

 lazily asc-nded the still air. and now and t'neu the shrill crowing of 

 b roar or 1 Us stu-r. The wotld was again 

 .,nli the Four OlUTs looked like I-Iands In 

 nth Brant Rock could be die- 

 I BgBB aud llahermen'a nuts on 

 slowly sailed up Irom the sea, Its golden 

 autumnal foliage of tne ]\rarsh(ield hills, 

 So taken up was I in watching the vei- 

 led by the report, of L.'agun aa he tumbled 

 overboard the buoy 

 berth again when we 



in i 



by L. in aplei 



the oirda Hew fairly in small but 

 tide turnod, compelling ua to r 

 afternoon wa went cut again, m 

 Ing. and witnessing a glonoui 

 piped up iu the north and blew 



rlnga lighting up the i 

 sloping nearly to the oe< 

 n changes, that I was i 

 black scoter from a passing flock, 

 e bagged the bird, and bad hardly r 



,acovcrcd i. banBh of three swinging \n to our decoys. Two were 

 (Irst discharge, and the third returning was quickly 

 back. These proved to be young female black Bcoter'a 

 aud in excellent condition. A large sheep loon passing Overhead re- 

 ceived a salute, bringing him down, but he dlyed immediately and was 

 Then another loon sailed over us, and was tumbled 

 liking the water, as L. said, "like a log of 

 i v.m." This bird was retrieved, after which 

 u to stand erect an I nap our arms In triumph, aud 

 . loo tj our benu nbed hands. Foronehonr 

 hes, and wo bagged eight. Then the 

 urn in order to get up river. la the 

 dag a smaller bag than in the morn- 

 sunset. DurUg the. night the wind 

 lard nearly all the next day, sending 

 heavy sea and rendering it impossible to go out. Before sunset 

 the wind died entirely away, aud, ascending the Mil back of L.'a house 

 I obtained a view repai ing mc for the whole trip. A fine hotel erected 

 upon the hill waB burned several yeara ago, aud owing to the general 

 depression has not heen rebuilt. I consider the view from this point 

 one of Hie finest on the south shore. Sealing myself comfortably I 

 passed nearly an hour iu contemplating the view before me. Below 

 acreB of marsh land, bounded ou the west by woodlands in all their 

 rich, autumnal glory, and protected from the sea by the long range of 

 r-whito sand bills ; beyond the sand hilla, the ocean, no longer 

 red with white-caps, but calm and peaceful. Few souudsdls 

 turbed the quiet of the Sabbath afternoon, save the tinkling of the 

 cow-bolls upon the hillside, and the voice of the cow-boy driving tan 

 cattle home. Ont to sea a largo flock of gulls were llshlng, now and 

 then their snowy winga showing a delicate pink hue, the reflection of 

 the setting sun ; the sound of their discordant voices reaching mo 

 softened and mellowed by the distance. Twilight Boon came on, and I 

 reluctantly descended to the house, and Monday returned to Boston. 

 " So, thi'tt, beach, bluff and wave, farewell I 

 1 bring with me 

 No token, stone or guttering shell, 

 tint long and oft shall memory tell 

 nricf, t.houcthtful hour of 

 Jtuslng by the sea," Merlin: 



