428 



FOREST AND STREAM. 



Rune 25, 1885. 



sourian dot cootnes to dis vestern coundry. Von of dose five 

 hundred dot makes de droubles at Omaha." 



"What five hundred was that?" 



"It v^s pefore dose pridge vas pilt und de heebies had to 

 plindfolt de Missourians pefore dey vould ge to the ferrypoat 

 on. It vas hit off, bay? Yell, I dinks I goes me to miue 

 leedle ped und schleep." 



The hurro man and his companion hid us good-night, and 

 we rolled in, some underneath the wagons, some in the 

 brush shanty, arid all on the cold, cold ground again; but 

 gentle sleep was hovering o'er us, and when she settled all 

 was peace and quiet. 



The next morning we missed several of the horses and 

 Foucab saddled a pony and went in quest of them. He 

 found them all below the camp of the burro man. Foucab 

 said he rode along, looking carefully on all sides through 

 the timber. "Presently I saw what 1 supposed to be a deer 

 standing in some low bushes. He had not seen me, so I dis- 

 mounted and walked and crawled toward him to see how 

 near I could get to him, and all the while 1 was kicking my- 

 self for not having taken my rifle with me. I got within 

 thirty yards of him. His head was hidden from me behind 

 a tree., 'but his body was exposed and the nicest shot it was 

 I ever saw, just behind his shoulder. The wind was in my 

 favor, and still crawling carefully 1 got within ten yards of 

 him, when I jumped up and shouted at the cussed old burro. 

 It was a fortunate thing for me after all that I did not have 

 my rifle, I'd have been a dead burro ahead and seventy-five 

 dollars behind." 



"Yes, you would if you had hit the burro." 



The boys, old and' young, scattered again through the 

 timber, the German band — still a close and exclusive corpor- 

 ation—going their way; while Tom and Curtis hunted to- 

 gether, and Foucab hunted with Foucab, while Doc and tbe 

 sailor remained in camp, the sailor from choice and the 

 crippled Doc from necessity'. Several hours later there was 

 a most furious fusilade commenced apparently about two 

 miles from camp. Doc and the sailor listened "and counted 

 one, two, three, four and up to eighteen, and then came a 

 short pause, and again the firing commenced. There was 

 more shooting than ever was seen around a fifteen-ball pool 

 table. 



"Sure - enough the boys must have them corralled now. 

 We'll probably have to take the big wagons and bring in the 

 victims of Tom's unerring marksmanship, and you may 

 be certain that Curtis is securing his quota, and perhaps 

 Foucab, too, Fred and his companions are probably miss- 

 ing tbis chance, as tbey went in an opposite direction and 

 no shots have I heard from their way. You can bet that 

 Tom is downing them in great shape." This from the 

 sailor. 



By the time supper was ready our three domestic friends 

 made their appearance. We could invariably counton Tom 

 when any meal was ready. A favorite expression of his 

 was "let's eat." They returned empty-handed, unable to 

 account foi their failure to bring in any venison. Tom and 

 Curtis had run across a buck at the head of a little draw, in 

 which was a dense growth of quaking asp. If "unhitched" 

 is an allowable word, that's what they both did, and missed 

 the buck in sight; and then the quaking asp seemed alive 

 with startled deer. Legs were trumps and the deer playing 

 them for all they were worth. Foucab hearing the first two 

 shots started up the draw find headed off the bunch, which 

 then turned back toward Tom and Curtis, and from the fir- 

 ing and its result it was difficult to tell which were the 

 roost demoralized. It was a great deal like two school boys, 

 whose companions were vainly endeavoring to eag them on 

 to a fight; one was afraid and the other "dasent." Tom was 

 prolific in excuses and unembarrassed in his presentation of 

 them. He was afraid of hiitine; Foucab or Curtis or the 

 mules and was confident he had hit several deer, which could 

 not have gone far before dying, but Betty's inability to trail 

 any wounded deer invalidated that theory and Tom was 

 really up a stump for a plausible reason for his dismal 

 failure. He might have accounted for it with the expressive 

 word "rattled." 



Hans and Albert came in early with a doe across their 

 saddle mule, and the burro man and his friend paid us 

 another visit during the evening. Foucab related to them 

 his early morning call on their burro. "That puts me in 

 mind," says the burro man, "of what came near b ing a very 

 serious mi-take on my part. When I fiist brought the burro 

 into the woods several years ago, I tied him to a tree and 

 started on a deer track. It was on a side hill. Presently I 

 lost the trail, but continued hunting all the same, and must 

 have been considerably turned around, for after an hour or 

 so I came in sight of my burro. I could only see his neck 

 through the trees, and I thought, now, Mr. Deer, you are my 

 venison. It was in some respects the worst shot I ever made, 

 hut a very lucky one, for I missed his neck entirely and only 

 bored a hole through his ear. If ever you heard an unearthly 

 brav, it was about that time, but he was more frightened than 

 hurt." 



"Dot vas most as pad mesdake," says Fred, "as mine 

 brodder Villiam makes oonce. He lived in Iowa stade. He 

 vent to a neighbor of his, Misder Banner, who vas a gun- 

 schmidt, und say to him, 'Misder Banner, vill you ioan me 

 your beech-loater? There vas von skunk or veasel or some- 

 dinks dot vas coome into mine hen houaze avery night some- 

 dimes, und he youst sbaw de feathers dot vas on mine 

 hen's packs und dher vings, und breddy soon dhey dond 

 vas got noddings to vear.' Veil, Misder Barmer vas a 

 nice clever man, und he loaned mine brodder von of his 

 beech-loaters, und vhen mine brodder dook him back in dot 

 mornings, Misder Barmer onquired what he have kill. Mine 

 brodder he say, T vent me in dot houaze by mineseluf, und 

 I sees some crate pig dings pobbing up und down, und 1 

 turned me loose dot gun. Veil, it make such a glatter dot 

 I shumps me pack und makes the door to, und I goes out 

 acain shust a leedle vile ago und, by Shimmeni, vat you dinks 

 I kill? It vas mine vife's bet gander, und I'm all proke up 

 by mine frow, by Shimmeni. und if she vould only run avay 

 mit some odder man's vife 1 vould go me back to Shermany.' 

 Mine sister-af-law do him up fine." 



"That was almost as bad a mistake as I made with my 

 burro." 



"It vas a tam sight badder misdake as you make mit your 

 burro. Mine brodder vas a schinard man, and you vas a 

 MissouriaD, und vat you oxpect?" 



The burro man was evidently no favorite of Fred's. Fred 

 could never forgive him for telling him how he had lost his 

 arm, and the burro man was fortunately good-natured 

 enough to take Fred's raillery at his native State pleasantly. 

 The sailor man seemed as though he were fearful a quarrel 

 might ensue, and busied himself by taking us aboard ship 

 and spinning some of his experiences on salt water. 



Bear Creek, Wy. Millard. 



"SPICEWOOD'S" GAMEKEEPERS. 



REPORTS from my gamekeepers (you perhaps remember 

 that I mentione'd in a former note that I had inter- 

 ested some of the farmer boys by the jingle of a silver dollar 

 to feed the birds) are that quite a number of coveys of quail 

 have wintered over, although a good many that were about 

 during part of the winter have had their whistles frozen up. 

 Last season there were more birds than in years before, and 

 but for this severe and long winter we should have had ex- 

 cellent shooting. Have seen a good many pheasants; they 

 seem to be able to take care of themselves, not only when 

 Jack Frost is about, but when good shots and dogs are in 

 the cover. 



While fishing saw four wild turkeys. There are a good 

 many on the mountains about here; they found it "hard 

 picking" through this hard season; quite a number were 

 seen in the farmyards feeding with the fowl there. Trout 

 fishing has been unsatisfactory— a late spring and then dry 

 weather. Happened to find an old mill dam away out in 

 the wilderness and had some fine sport with the fish. Don't 

 think tbe trout had ever seen a fly on a fish line before, so 

 rather took the advantage of fifty-four nice fellows. 



Sptcewood. 



Centralia, Pa., Juue 19. 



POSSESSION IN CLOSE SEASON. 



Editor Forest and Stream: 



Mr. E. A. Samuels, the President of the Massachusetts 

 Fish and Game Protective Association, has prepared a digest 

 of the various game laws so far as they relate to the posses- 

 sion of game illegally taken. Mr. Samuels says: 



The plea is constantly made by game dealers and other 

 interested parties, that, as the new system of refrigerating 

 enables them to keep game for many" months, they should 

 have the privilege of storing certain species of game birds 

 for their customers throughout the year. 



Granted, for the sake of argument, that they can keep 

 these birds through the hot months so that they are fit for 

 food — this many persons deny — it can easily be seen that if 

 any game birds are so stored and sold, there is nothing to 

 prevent Massachusetts birds being killed and sold with them 

 in the close season. This I have already shown. 



If the dealers are permitted to have these birds in posses- 

 sion for sale during the months in which the killing of them 

 is forbidden in this State, nothing can save our own buds, 

 for it would be impossible to prove the killing, unless the 

 gunner were seen to fire the shot. 



The close season for market and field should be identical, 

 just as it is in the other States, and our existing law, which 

 gives dealers four months beyond the close season to sell 

 certain species, should never have been enacted. 



Objection, also, is raised by market gunners and unscrupu- 

 lous sportsmen — men who care only to kill, and do not con- 

 cern themselves in the preservation of our few remaining 

 birds — to the provision by law that the possession of birds 

 in the season iu which their killing is prohibited shall be 

 prima facie evidence that these birds were unlawfully killed. 

 A single illustration will show the value of this provision. 

 A market gunner with gun in hand, and his game-bag filled 

 with woodcock, is arrested in the close time. On being 

 arraigned, he coolly declares that he did not kill the birds 

 found in his possession; but that he fouud some of them 

 dead beneath the telegraph wires, and the others he had 

 bought of another gunner in an adjacent town or even 

 county. The officer who made tbe arrest cannot prove the 

 contrary of this, he not having seen the birds shot, and the 

 gunner escapes punishment, and eoes out of court with the 

 birds in his possession. TJuder such a law it would be next 

 to impossible to secure a conviction; for, even if the gunner 

 were seen to fire the shot, and even pick up and bag the 

 bird, who would or could swear to the identity of that par- 

 ticular bird, if there were others of the same species in the 

 bag? 



Any law that does not make possession in unlawful times 

 prima fade evidence to convict of unlawful killing is worth- 

 less. In almost every State in the Uuion, in their laws for 

 the protection of game and birds, this provision is particu 

 larly made, and it has always heen incorporated in our own 

 State law. To siiow this, I herewith present brief extracts 

 from the erame laws of the different States, and respectfully 

 ask of our legislators that, iu the enactment of a new law for 

 this commonwealth, they examine them, and incorporate in 

 our law these provisions which are so universally regt rded 

 as of vital importance: 



Rhode Island. — "Possession of any bird, during the 

 time when the taking, or killing, or destruction of such bird 

 is prohibited by this act, shall be pritna facie evidence that 

 such bird was taken, killed or destroyed in violation of this 

 act." 



New York.— "Any person violating either of the provi- 

 sions of this section shall be deemed guilty of a misde- 

 meanor, and in addition tnereto shall be liable to a penalty 

 of $25 for each bird or animal so killed or had in possession," 



New Jersey. — "No person shall kill, take, expose for 

 sale, or have unlawfully in possession." (Species named in 

 stated times.) 



Pennsylvania. — "No person shall kill, expose for sale, 

 or have in possession" (species named in stated times). "In 

 all cases of arrests made for the violation of this act, the 

 possession of the game, fishes, birds, animals, fowls, nets, or 

 other devices, shall be prima facie evidence of the violation 



Delaware.— "If any person shall kill, take, or destroy, 

 sell, or expose for sale, or have in possession after the same 

 have been killed" (species named in stated times), "such 

 persons shall be fined," etc. 



Maryland. — "No person shall shoot, catch, kill, or have 

 in possession" (species named in stated times). "The pos- 

 session of any of the birds or animals mentioned in the pre- 

 ceding sections, during any of the periods herein provided, 

 shall be prima facie evidence of the guilt of the persons 

 possessing the same." 



Vermont.— "No person shall take or kill iu this State" 

 (birds named in stated times), "nor have in possession" (birds 

 named), "taken or killed in violation to this section. The 

 presence of a person without permission of the owner, with 

 implements of shooting, trapping or fishing, upon land 

 posted, shall be taken as prima facie evidence of a wilful 

 entry by him thereon for the purpose aforesaid," etc. 



Massachusetts. — In this State it is now by Statute for- 

 bidden to buy, sell, or have in possession the species named 

 in the close season, and "possession is prima facie evidence 

 to convict." But the law now existing is faulty in many 

 ways. By its provisions any person above the age of sixteen 

 years may easily obtain a license to kill birds at all seasons, 



and as the law does not provide any limit to the killing, nor 

 any penalty for wrong-doing, provided the person declares 

 he is killing for scientific purposes, he may slay unrestrict- 

 edly. Some of these licensed bird-killers abuse their privil- 

 eges, and destroy great numbers of our birds for commercial 

 purposes. 



Connecticut. — "It is unlawful to hunt or pursue, kill, 

 destroy, or attempt to kill any woodcock, quail, gray squirrel 

 or raffed grouse (commonly called partridge) between the 

 first day of January and the'first day of October; and every 

 person so offending shall for each offense (the killing or 

 destroying or having in possession of each bird or squirrel, 

 shall be deemed a separate offense), to be fined not more 

 than $25." 



"No person or transportation company shall buy, sell, ex- 

 pose for sale, or have in possession * * * for any pur- 

 pose, any of the birds mentioned * * * during the period 

 in which it is unlawful to kill such birds, under the same 

 penalty as prescribed." 



Alabama. — "It is unlawful, in any place in any of the 

 counties named in this act, for any person to purchase, have 

 in possession, or expose for sale any of the birds or game 

 herein mentioned during the seasons when thecatchiug, kill- 

 ing, or injuring the same is prohibited." 



California. — "The possession of any of the aforesaid 

 game, at a time when it is unlawful to kill the same * * * 

 shall be prima facie evidence in any prosecution for a vio- 

 lation of any of the provisions of this section that the person 

 or persons in whose possession the game is found, took, 

 killed, or destroyed tbe same * * * * during the period 

 when it was unlawful to take, kill, or destroy," etc. 



Colorado, — "If any person shall have in possession any 

 partridge, prairie hen, or prairie chicken, or grouse, at any 

 time other than the dates above-mentioned, or any other of 

 the birds or fowls mentioned in this section, at any time, it- 

 shall be prima facie that the same was killed, netted, en- 

 snared or trapped, by such person, in violation of the provi- 

 sions of this act." 



Dakota. — "Any person who shall sell, expose for sale, or 

 have in possession or custody (species named and times 

 stated), is guilty of a misdemeanor, and liable to a fine," etc. 



District or Columbia. — "No person shall take, kill, ex- 

 pose for sale or possess, dead or alive" (species named and 

 times stated). 



New Mexico.— "The possession of the above-mentioned 

 animals or birds between the dates above named shall be 

 prima facie evidence of a violation of this section." 



Montana. — "Possession of the dead bodies or any part 

 thereof of any animals or birds, mentioned in this act, by 

 any person, shall be prima fane evidence that such person 

 killed the same." 



Louisiana.— "The possession of any animals or birds, 

 during the periods when the taking or killing thereof is pro- 

 hibited, except such as are domesticated, is prima, fine 

 evidence that the same were unlawfully trapped or killed.'' 



Indiana, — "It shall be unlawful to sell, keep, or expose 

 for sale, or have in possession" (species named and times 

 stated). 



Kansas.— "The having in possession by any person, com- 

 pany, or corporation, of any such birds, when the shooting 

 thereof is prohibited, excei/ting the ten days above excepted, 

 is prim a facie evidence of a violation of this act." 



Ohio. — "Whoever purchases, sells, exposes for sale, or 

 has in possession any of the birds, game, or animals men- 

 tioned, * * * * when the catching or killing thereof is 

 made penal, shall be fined not more than §25." 



Nebraska. — "* * * Having iu possession any of the 

 named animals or birds between said dates shall be deemed 

 and taken as presumptive evidence that the same were killed, 

 ensnared, netted or trapped iu violation of this section." 



Virginia. — "The possession of any bird or deer herein 

 mentioned within the period prohibited by this act is prima 

 facie of its violation, and subjects the possessor to its 

 penalties." 



West Virginia. — "The exposure for sale of any of the 

 birds or game mentioned in this act, during the time when 

 the killing thereof is unlawful, is prima facie evidence that 

 the same Vas ctuight or killed unlawfully." 



Mississippi. — "If any person shall shoot, kill, sell or have 

 in possession, or buy, offer for sale." etc. 



MICHIGAN. — "No person shall sell, expose for sale, or have 

 in possession, for the purpose of selling, or exposing for sale, 

 any of the kind or species of birds or animals protected by 

 this act, after the expiration of eight days next succeeding 

 the times limited and prescribed for the killing of any such 

 birds or animals." 



Oregon. — "Proof of the possession of any of the aforesaid 

 animals, fowls, birds or fish at a time when it is unlawful to 

 take or kill the same, in the county where the same is found, 

 is prima facte evidence * * * that the person or persons 

 in whose possession the same is found, took, killed * * * 

 when it was unlawful to take, kill or destroy the same." 



Wisconsin. — All persons are forbidden to "take, catch, 

 kill, destroy, or wantonly molest or havein possession, when 

 taken or killed" (species "named in stated times). 



Idaho. — "The possession of any of the dead bodies of any 

 of the animals or birds herein mentioned is prima facie evi- 

 dence that the possessor killed the same." 



Iowa. — "The having in possession by any person, com- 

 pany, or corporation, of any such birds or animals, during 

 such prohibited period, except during the first five days 

 thereof, shall be deemed prima facie evidence of a violation 

 of this act." 



Minnesota,— "The possession of (species named), during 

 the time when it is unlawful to kill or possess the same, 

 shall be evidence that the same was killed at a time when 

 such killing is herein prohibited." 



Illinois. — "Selling, exposing for sale, or having the same 

 in possession, for the purpose of selling or exposing for 

 sale, any of the animals or birds mentioned in this section 

 after the expiration of the time mentioned in this section, 

 shall be prima facie evidence of the violation of this act." 



Kentucky.— The possession of any of the animals or birds 

 intended to bo protected by this act, within the periods 

 within which their killing or pursuit is prohibited, is prima 

 facie evidence that the same were unlawfully caught or 

 killed." 



Georgia.— "The possession of such bird or animal, or the' 

 exposing of the same for sale, shall be prima facie evidence 

 that the person possessing said bird or animal killed or 

 trapped the same." 



Missouri.— "It shall be unlawful to purchase, have in pos- 

 session, or sell any of the game, birds, or animals specified — 

 when the catching or killing is prohibited." 



Nevada.— "It shall be unlawful within this State to have 

 in possession, or to expose for sale, or to purchase, any of 

 the birds, wild game, or animals mentioned in this act, dur 



