July 2, 1891.1 



FOREST AND STREAM. 



477 



line. Seven miles of the stream has been taken up by 

 the miners, and quite a number of men are at work 

 ground eluiciug. From a man who passed through the 

 Park a few days ago we learn that very little gold has 

 been seen. One "clean-up" did not pay the miners half 

 wages; he claims that but a small portion of the ground 

 cMmed, if any, will pay to work. He also says that this 

 jenr will prove if tliere is anything worth workiag for. 

 If :.iot the camp will be abandoned by October. Nothing 

 is known here about the third camp, which is said to be 

 near the headwaters of Gray bull River, and is a placer 

 camp. It is claimed that the silver camp has some very 

 valuable mines or prospects, and many think they wiU 

 not be taken in when the lines of the new reserve are 

 svu-veyed. If they are valuable mines and on the reserve, 

 every effort will be made to have the lines changed so as 

 not to include them. 



A fire destroyed over seventy tons of baled hay at Ft. 

 Yellowstone (Cjmp Saeridan) a short, tiaie ago. For a 

 time it looked as though it would be impossible to save 

 the buildinirs. Fortunately the wind was not high and 

 in a favorable direction. This fire was supposed to have 

 been started by tramps. 



The Government is expending over $50,000 on build- 

 ings and improvements for the new fort at the Mammoth 

 Hot Springs. A large force of men and teams are em- 

 ployed laying foundations and getting material on the 

 ground. Hundreds of men and teams are at work for 

 the Government and contractors on the new wagon roads. 

 More work will be done and more miles of road completed 

 this season than ever before in the Park. 



There are now at the Mammoth Hot Springs a few an- 

 imals belonging to the National Zoological Park captured 

 by the Smithsonian hunters. Tbese are elk, antelope, 

 bear and foxes. All animals captured will be held at the 

 Hot Springs until after the tourist season closes. They 

 can be seen by all vi-=iitors to the Park. 



Small bands of buffalo are reported, and quite a num- 

 ber of yoxing, showing the number of these animals in 

 the Park is increasing. 



I constantly see accounts in the papers about Robert 

 Ray Hamilton, who was drowned in Snake River a few 

 miles below Jackson's Lake, Wyoming. It is said that 

 he has been seen this time in the National Park; the man 

 who claims to have seen him did not speak to him. Mr. 

 Hamilton was accidentally drowned while trying to ford 

 Snake River last summer; his body was not found until 

 ten days after. A party of gentlemen from New York, 

 who werp camped near where he was found, recognized 

 the remains: the cold water had preserved them from any 

 change. As there is no settlement within over a hundred 

 miles, he was buried at Jackson's Lake, within a short 

 distance of a hotel and sportsman's resort in which he 

 was interested. Since then sensational writers have been 

 having him appear in all parts of the world. Others 

 have drowned him all the way from Jackson's Lake to 

 the mouth of the Cjlumbia River. It is a pity he can't 

 be allowed to rest quietlj' in his lonely grave beside Jack- 

 son's Lake. Mr. Hamilton was the eighth man drowned 

 in Snake River last summer. Every season sees several 

 persons drowned in the swift mountain streams of this 

 section, bub very seldom within the boundaries of the 

 National Park. Most of the guides know and understand 

 the danger of attempting to ford the streams when they 

 are at all high or deep. The parties who are drowned are 

 always alone, are vviihout guides, and do not know their 

 danger or the strength of the currents. 



The game in and about the Park are very kind to show 

 themselves to visitors. Very few people have been 

 through this season who have not seen some of the wild 

 animals. Bears appear to congregate about Mt. Evarts 

 and the Blaoktail country, eight having been seen in one 

 day. One large one killed a small grizzly cub that was 

 chained up at Yancey's Station. The cub was intended 

 for the National Zjo. Another large bear that had been 

 around the hotel at the Lower Geyser Basin was cap- 

 tured in a trap and sent to the Smithsonian Institution. 



H. 



A STREAK OF LUCK. 



IN hunting, more often than in any other pm'suit or 

 recreation, does the unexpected happen, and, in fact, 

 one of the chief charms of the sportsman's holiday is this 

 very uncertainty as to what beast or bird of sport his 

 next step in the jungle will bring him face to face with. 

 Nor is the most elaborate preparation at all likely to be 

 followed by corresponding success; on the contrary, how 

 often does the bunter, with but a single cartridge in his 

 belt, or with an empty rifle on his shoulder, find himself 

 suddenly confronted by the grandest specimen of the 

 very animal he is in search of, which a month of effort 

 has brought into s'ght. 



Though all lovers of the chase and of the wilderness 

 have more days of lost toil and effort than those of bright 

 success, yet, naturally enough, all love best to remember 

 the i-ed-letter days of legitimate sport, and it is these 

 same red letter days that are most often written up. 



All this comes naturally enough, and it is one of these 

 same sunny days of the hunter's life which I wish to 

 picture for the readers of our dear old journal. 



Once again the venison had disappeared from the 

 cabin, and the usual clamor arose from the kitchen, and 

 although but three cartridges were found in the belt, and 

 the sun was within an hour of setting, once more the old 

 Sharps was shouldered and the old uncle turned his moc- 

 casined toes toward a timbered ridge to the southward of 

 the cabin, in the hope that a deer might be found before 

 dark. Express balls were in each cartridge, with a full 

 shell of 130gr3, powder behind each. 



The ridge was covered with scattering trees of large 

 timber, and the intervals grown up with brush and small 

 pines, very little oi^en ground to be found. This dense 

 cover made good hiding grounds for deer during the day 

 and I hoped that as nightfall approached they might be 

 found feeding in the openings, when the chance for a 

 good shot was quite probable if they could be approached 

 in silence. 



Strolling slowly along up the ridge, following a cattle 

 trail which enabled me to procped silently, I reached a 

 point about a mile distant from the house, when feeling 

 one of my mriccasins becoming loose I sat down upon a 

 log to adjust the lacing. 



While seated, and still busy with my moccasin, one of 

 the wretched little red squirrels common to our pine tim- 

 ber caught sight of me and forthwith began to chatter 

 loudly and persistently, and an eagle perched upon a tall 

 tree near by noticing me now for the first time Boreamed 



loudly; another squirrel joined the serenade and the 

 eagle's mate just then arriving from the lake, a few miles 

 distant, perched near the fir'st ajid joined in the reigning 

 pandemonium until the old woods rang again. (These 

 red squirrels are one of the very worst pests the hunter 

 in our mountains finds to annoy him. Almost invariably 

 their chatter, which is shrill and continuous while the 

 hunter is in sight, wdl "give him away" to the deer, if 

 any are neax by, as they have long since learned to re- 

 gard the squirrel's chatter as a note of warning.) 



Suddenly the loud snort of a frightened deer a few j-ods 

 to the lef t'notified the squirrel of the success of his mean 

 trick of intermeddling, and as the deer dashed away I 

 ran forward a few yards to some rising ground in an 

 opening in the hope of getting a flying shot. Nothing 

 was to be seen, as they managed to keep well under cover, 

 and after waiting a long time in the vain hope of their 

 stUi showing up, Islowly journeyed on, muttering anathe- 

 mas at the little meddling wretches who have so often on 

 similar occasions contrived to rob me of success at the 

 very instant of its culmination. 



The sun had set and night was coming fast. Reaching 

 at length the crest of the ridge, where it breaks steeply 

 down into the valley of the Colville River, I paused upon 

 its summit and took a long and careful survey of all the 

 hillside, far as an opening appeared among the trees and 

 rocks. At length something was noticed about SSOyds. 

 distant down the hillside, which in shape looked near 

 enough like a deer to cairse me to watch it intently; after 

 along interval of scrutiny a slight movement of its head 

 satisfied me, and taking as careful aim as possible in the 

 waning light I let drive. 



Away went the deer with its flag bravely flying, and 

 was soon lost to view among the trees, yet just the last 

 jump made while yet in sight appeared to be a staggering 

 one. Hurrying carefully and silently down the hill 

 toward it I had gone about 50yds. when another deer was 

 seen to stop in its run along the hillside and stand about 

 lOOyds. distant, looking nervously about from side to 

 side in search of the hidden enemy. I did not "want more 

 than one deer, but I was not at all sure yet that I had got 

 one, and taking a quick aim, fired again. The same 

 result exactly followed. After a short run with uplifted 

 flag it disappeared, and its last jump seemed awkward. 

 Reloading I started in pursuit, when I saw still another 

 deer running up the hill from below toward the one last 

 seen, and when within about the same distance from me 

 as was the last one shot at, it stopped. With my last car- 

 tridge in the gun I fired again and he fell in his tracks. 



Hurrying down I found both the others, each within 

 50ft. of the spot where last seen. While rejoicing at this 

 unexpected streak of pure "luck," I regretted the unne- 

 cessary killing, yet of course felt bound to shoot until I 

 felt sure of meat. And let no sportsman bewail any sup- 

 posed waste of good meat. Not a pound of it was wasted, 

 our neighbors gladly assisting us in disposing of it. 



And now came, to me, the strangest part of the whole 

 ad'renture. Night was coming on rapidly, and in my 

 haste to dress the three deer I stood the faithful old 

 Sharps up against a small pine, and hurried to the work. 

 When ready to return no gun could be found, although I 

 hunted vainly while the fading light lasted, and not until 

 my son and I came in the morning for the game did we 

 find that while busy with my work the riiie had fallen 

 from its place and slid down the steep hillside among the 

 brush and grass, and only by another streak of luck was 

 it found at all, as I could not be certain which of all the 

 trees on the hillbide was the one against which I had 

 leaned it. Ohin Belknap. 



SIX YEARS UNDER MAINE GAME LAWS. 



IX.— THE JOCK DARLING CASE. 



NO game case of this State has enjoyed the notoriety 

 of this, and none seems to have been less generally 

 understood. Did it check hounding? Did it crush Darling? 

 The full force of the negatives can be appreciated only by 

 those very intimate with Maine game matters for the past 

 year. 



On account of the misapprehension which ijrevads re- 

 garding what was accomplished and the i)ersonal preju- 

 dice involved, it is of all the game cases on record the 

 most ditficult to explain. Few are so bound uj) in the 

 personality of an individual, and few depend for their in- 

 fluence so little upon the facts and pleadings recorded by 

 the com-t, so much upon what forms no part of the court 

 record; for, as a legal decision, this case accomplished 

 nothing of importance, but as a power to affect public 

 opinion it had a weight entirely independent of and not 

 commensmate with the court ruling. The case was de- 

 cided in favor of the State, yet nothing that has ever 

 happened in eastern Maine, not even the dog-killing, has 

 done so much to hurt the Commissioners as the Darling 

 case. The Hammond case, famous as it was, fell far 

 short; for the injustice there, though flagrant, rested on a 

 point of legal interpretation, while here it lay on an abuse 

 of legal methods, for which, as the State was the prose- 

 cutor, the Commissioners were popularly held responsible. 



The great interest which attaches to the case arises 

 from the fact that with good ground for procedure, in a 

 cause and against a man, both believed to be in the wrong, 

 the case could have been so handled as, against popular 

 prejudice and an adverse court decision, to win to both 

 the cause and the man more tolerance and good will than 

 they ever had enjoyed before. How this occurred will be 

 shown. For the rest it need only be said that the princi- 

 pal charge on which the case rested was nowhere denied 

 or doubted, and the decision of the court was manifestly 

 just. Darling had for years been openly engaged in 

 deer hounding. That he should be capable of overcoming 

 the opposition which was very strong against him, of 

 maintaining his insecure position and strengthening it, 

 of winning good will which seems to be continually 

 increasing, indicates an ability with which he is not 

 popularly credited. It has been to his advantage that he 

 has been under-rated by his enemies, but personal justifi- 

 cation and personal conviction stand equally apart from 

 the pm-pose of these papers. In speaking of Mr. Darling's 

 character it is enough to say that he is better thought of 

 near home than away from it; that his candor and 

 honesty are believed in by those who know him, and that 

 he is not and never has been an outlaw as is so frequently 

 declared. This being admitted, what follows will not be 

 bard to understand. As a review of the principal facts of 

 the case in hand I will quote portions of two accounts 

 published at the time in the newspapers. 



Bangoe, Me., Nov. 4.— The officers say the arrest of "Jock" Dar- 

 ling, the Lowell o^itlaw, whose arrest for illegal bunting was re- 

 ported in the Herald, is the most important capture made for 

 years. Well-laid plana were made by Commissioner Stilwell and 

 Detective William MoNamara, of RDSton. They claim to have 

 secured enough evidence to prosecute to the full extent of the 



They were ont eacli day with the dogs, "Jock" putting out the 

 dogs twice each day for three days, the guides doing the business 

 the other two days. They killed four deer, one each themselves, 

 Darling one and a guide one. T hoy came upon Darling after the 

 dog had run tlie deer iuro the water, just alter he had stiot him. 

 Tliev heard the repovt of the ride, wtiich was still smoking when 

 thny came up, and the deei' was still warm. McNamara says they 

 were obliged to kill the deer to accomphsh the purpose for which 

 they went there. 



t * * * * 



As the offense was committed in Hancock county, they were 

 obliged to go into tliat county to swear out warrants against Dar- 

 ling and lus guides. The warrants were sworn out and assistants 

 were, obtained. Oa tb«ir way to Darling's camp they met Dflrling 

 in the town of Lowell and immediately arrested him. '".Tock" 

 wanted to go to bis house to change his clothes and get his over- 

 coat, wbich the ofliccr consented to, but said one of them must go 

 witli him. But "Jock" insisted on going alone, which the ofQcere 

 would not agree to, and he was accordingly handcuffed, and Offi- 

 cer Dav's volunteered to bring the old man to this city, while the 

 others kept on to the camp in quest of the guides. Darling in 

 some manner sent a warning to the guides, so they disappeared 

 before the officers arrived. Darling had .f770 with him when 

 arrested. Da.rling is charged with hunting deer with dogs, keep- 

 ing dogs for that purpose, and hunttag and destroying deer on 

 Sunday. 



The second, from the Calais (Me.) Times, gives some ad- 

 ditional particulars. Both these extracts may be con- 

 sidered as official, since, aside from internal evidence, 

 one comes from Bangor, the home of Commissioner Stil- 

 well, and the other from Calais, the home of Game 

 Warden French, who laid the plans, which Mr. Stilwell 

 approved and McNamara executed. (The italics are not 

 in the original.) 



Darling's camp on Nicatoag Lake is very difficult to reach, and 

 is a sort of stronghold for poachers. It is fifty miles from any 

 railroad station, and to reach it one must travel over a rough 

 road. aicNamara, accompanied by S wanton, of Milbridge, made 

 their way to tiie camp with much didiculty, and engaged quarters 

 with Darling. They hired his guides and dogs to hunt deer with, 

 paying well for them. They remained five days. When MoNa- 

 mara and Swanton had obtained all the evidence they wanted, 

 enough they thought to convict Darling on some twenty or thirty 

 caFes. they left the camp. As the offense was committed in Han- 

 cock county they were obliged to go into that county to swear out 

 wairants against Darling and his guides. Accordingly they went 

 to Bucksport, where the warrants were obtained. Constable 

 Gsorge Davis and Sheriff James Swanton, with a formidable 

 party, set out for Nicatotis Lake. On their way to Darling's 

 camp they met Darling in the town of Lowell and Immediately 

 arrested him. 



Darling was arraigned at Bucksport, Monday, before a trial 

 justice. T ^e justice found Mr. Darling guilty aTid fined him $40 

 for the deer wJiich It was charged he killed, and $U0 for each of uw 

 deer vMich the other parLksaAiniUcd that theyMlled. He was also 

 fined $S0 a day for keeping dogs to hunt deer two days, the whole 

 making $-60. On the questi m of costs there was some argument. 

 xVTr. Voss LVose] suggested that the case of bringing seven men 

 from Miloridge to JSMcatoxis Lake to arrest Jock Darling be 

 charged to the prisouer, to which Col. Hutchinson [Hutchinss] 

 objected, and said that any one offlc3r could have arrested Mr. 

 Darling without a bit of difficulty. The cost question finally 

 went over for the counsel to talk over and see if they couldn't 

 decide upon something satisfactory. The case was appealed and 

 will come before the Supreme Court at Ellsworth on the 8th of 

 April next. Other cases stand against Darling. The officers who 

 went to Nicatous to arrests the guides found that they had taken 

 the alarm and flad. They will be captured later. 



From these accounts it wiU be seen that a Massachu- 

 setts detective, not a Maine warden, was employed to 

 collect proof, which of course was perfectly right; that 

 this man then swore out warrants, which was not at all 

 right according to our laws. Then seven men were sent 

 all the w^ay from Milbridge in the southeasteim part of 

 Washington county to Nicatowis Lake in the northern 

 part of Hancock county, via Lowell in Penobscot county 

 — a long and roundabout journey, and expensive because 

 train communication can be had only part of the way. 

 What the object of this was it would be diificult to dis- 

 cover unless to add to the expenses and force the prisoner 

 to pay them, as was actually attempted, for there was 

 no possible good that they' could accomplish, if the 

 object was to arrest Darling's guides by force in the 

 woods, there were not men enough sent; otherwise there 

 were too many, since one unarmed man with a warrant 

 could do more than a posse. If it was supposed that this 

 number was necessary to overpower Mr. Darling singly, 

 there was an entire misapprehension of his character. 

 In hke manner the use of handcuffs, though probably 

 intended as an irritation, had no sufficient excuse. It was 

 the officers duty to keep his prisoner securely, yet in in- 

 sisting on this point there was shown the same misunder- 

 standing of Darling's position. Resistance to authority is 

 no part of his plan, as lack of control is no part of his dis- 

 position. His word would have been the only guarantee 

 needed; because had he attempted escape he could have 

 been held on a graver charge than the one for which he 

 was arrested, and had he wished to make the attempt he 

 could have done it as well with the manacles as without 

 them. Finally, the refusal to allow him to change his 

 clothes was either a piece of short-sightedness or another 

 unnecessary annoyance. According to the report pub' 

 lished at the time, from information which must have been 

 derived from official sources, Mr. Darling had above $700 

 on his person at the time of his arrest. From a number 

 of sources I am informed that he offered to deposit this 

 with the officers as security, if they would permit him to 

 change his clothes. There is every reason for beUeving 

 the statement. Without questioning the officers' reasons 

 for refusal, it is none the less true that the favor might 

 have been safely granted. Here was full indemnity to 

 the State against personal loss, and no real danger of any 

 loss. Darlmg knew that the charge was a violation of 

 the game law ; that the jienalty could not be anything 

 more serious than a fine. Even if he had determined to 

 abscond, leaving his money, he would be doing it on un- 

 certainties, since he did not know the specific charge, and 

 would be making himself the outlaw he had falsely been 

 declared to be, thus practically forfeiting his home and 

 all his other j)roperty. 



The indignity of tills treatment, which had to be ad- 

 mitted, reacted strongly in Darling's favor; and his non- 

 resistance and refusal to accept interference in his behalf 

 left the officers to bear the odium of unnecessary severity. 

 Then it was found that he was arrested on defective war- 

 rants, and on these warrants fined not only for keeping 

 dogs and for killing a deer himself when in the employ 

 of McNamara (though here the employer is always looked 

 on as responsible for the action of the guide), but for the 

 three deer that Swanton and McNamara killed them- 

 selves. This was outdoing justice's justice, even as we 

 get it in Maine game cases. 



But these were not all nor even the greatest of the in- 

 dignities offered, I had heard from a number o£ eouroes 



