Deo. 23, 1893.] 



FOREST AND STREAM. 



848 



More About the .3 Seal. 



Editor Forest and Stream: 



Here we have four articles in your issue of Nov. 25, in 

 which one man, a "gunsmith," as much as acknowledges 

 that he knows practically nothing regarding the .22, 

 where the other three adherents to the little cartridge are 

 very enthusiastic and support my statements regarding 

 the .22'3 work. 



In reply to Mr. Fellows I may say that the air is not 

 "thin" here, but I have put a .22 short through that thick- 

 ness of pine at 200yds., and can do it at any time for all 

 the money he can raise in his county. The yards are also 

 three feet here. And again, he must be "loco" when he 

 says a prairie dog cannot be seen at 303yds. This dog I 

 shot in South Dakota, and any one who has been in that 

 country can post him on the purity of the air there. He 

 may be the champion of his county and hold the medal 

 for it, but that don't go to show that the .22 short can't 

 be champion also and get the medal — not a Kekoskee 

 medal like Mr, Hough's. I am coming East next fall on 

 a visit, and I intend to drop in on him and take that hat 

 and his $10. I will not take any advantage, but wUl give 

 him $5 every time I miss if he gives me $5 every time I 

 hit that hat at 303yds. I will also give him a chance to 

 put up from ,|50 to |500 that I can put eight shots out of 

 ten in an Sin. buUseye at 303yds. with my .82 short, off- 

 hand. 



Again he says the .22 long rifle is the proper thing over 

 lOOyds. I stiU hold that the ,23 short is good up to 

 325yds., and to kill at that distance. Please note where 

 "Autokee" shot a .22 through both sides of his barn, 

 boards being lin. in thickness, at 330yd3.; does that look 

 as if the .22 long were the only one to use over 100yds.? 

 Again, look at the statement of "TeliUa," how about the 

 .32 short there? 



Mr. L. D. Von Iflfland says he killed an osprey at 120yds. 

 and a friend of his who stood 200yds. further distinctly 

 heard the little ball singing past and going at a lively rate. 

 He also states that he has shot a .2iJ short through Alin. 

 of pine, also that he made some very creditable shots 

 with a .22 long at 600 and 700yds. 



I think if we lovers of the little .22 keep on we will con- 

 vince in time the doubters as regards the .22 cartridge, I 

 have used the .22 short of different makes, but find the 

 .22 U. M. C. gives the best results. I am eagerly waiting 

 for Mr. Von Iffland's report regarding his tests with felt. 



Where is "Tode" that we hear nothing from him and 

 his .22? 



In Iowa not long since a man was cleaning a . 22 short 

 Colts repeater which was accidentally discharged, the 

 ball going completely through his body and out through 

 the side of the house. I can cite numerous incidents that 

 have come under my notice where the .22 short has done 

 equally as good work as the larger calibers. 



Diamond Walt. 



Exeter, Neb., Dec. 5. 



An "Arabian Spike Buck." 



Here is a cm-ious accoimt of a deer that was shot lately 

 iu the Upper Peninsula woods. I would like the readers 

 of Forest and Stream to know about it, that some of 

 them, perhaps, may elucidate the puzzle, if puzzle it is. 

 The clipping is from the Sault Ste. Marie (Mich.) News, and 

 was written by the editor, Ohas. S, Osborn, an enthusi- 

 astic hunter and cracking good newspaper man, who 

 knows as much about the fauna of the North Woods as 

 any man living. This is what he says: 



"Thos. Graham, postmaster, storekeeper and expert 

 hunter at Rosedale, kdled an 'Ai-abian' spike buck near 

 his home and the skin, head and legs are at Taxidermist 

 Lines, to be mounted life size. The deer is a freak and 

 difficult, if not impossible, to classify. It is the size of an 

 average three-year old buck and has the mysterious 

 'spikeT or two straight horns like the antelope, which 

 give to the hunter or naturalist no idea of the age of the 

 animal. The eyes were pink, like those of an albino, and 

 the upper jaw is decidedly prognathic, while the lower 

 jaw is equally prominently opistbognathus. The back is 

 almost solidly a brownish gray, the sides are pure white 

 and the legs are spotted reddish and white. It does not 

 answer the description of the dama or fallow deer, which 

 is smaller, and its spots are regular; neither is it hke the 

 spotted deer, or axis, of East India. In fact nothing like 

 it has been seen by local hunters, except one killed near 

 Naubinway a year ago by .Tames Walker, The freak is 

 even more unusual and prettier than the albino or pure 

 white deer, several of whieh have been killed in northern 

 Michigan and Wisconsin." W. H, J, 



Birds in Connecticut. 



Meriden, Conn,, Dec. 4. — I read with much pleasure of 

 the plan of importing foreign game for the Maine woods 

 as set forth in your i^sue of Dec. 16, and let us hope it will 

 be taken up in the States as well. Near my home in Con- 

 necticut, a few miles below WiUimantic, the Liberty 

 Game Club have been importing Eegiish pheasants,which 

 seem to be doing well. They also have the Cahfornia 

 plumed quail, and I think that if we could get started a 

 few more clubs like the Liberty Club we might in a few 

 yeare have good shooting in Connecticut. I am sorry to 

 say there are many who call themselves sportsmen around 

 these parts who will oppose a game club and say that aU 

 they want is to shut out the majority of the hunters, but 

 they themselves will go out, and if " they find a flock of 

 quail will follow it up until not one is left, and then 

 wonder why there is not quail in the same spot next 

 year. 



I think that we need more game wardens to look after 

 game interests in winter time. Only one flock of quail 

 has been started in this section this year, so far as I can 

 learn, and all that were left at last report were four birds. 

 Let every true sportsman persuade some farmer friend of 

 his to sow a patch of oats next spring to leave for the 

 quail in the fall, and I believe he will feel better for it, 

 A couple of dollars is a good persuader among farmers. 



JmsEY. 



A Connecticut Swan. 



Rei ben Hn.L killed a handsome swan below Saybrook, 

 Conn., recently. This is the first bird of this species that 

 has been ahot in this vicinity for over fifty years. Capt. 

 O. N. Brooks, the famous taxidermist, has mounted the 

 swan,— Providence Jonnial. 



Bears in the Catskills. 



Htjnter, N, Y,, Dec, 10, — Game has been somewhat 

 scarce during this last fall and winter, although some 

 fairly good bags of piartridges have been made. Wood- 

 cock shooting was quite below the average. But bears! 

 A perfect bear hunter's paradise! Never before in the 

 history of the "oldest inhabitant" have so many bears 

 been shot in this section, as during the past few days. It 

 is nothing at aU uncommon for hunters to strike tho trail 

 of from one to four bears in a bunch. Only two days ago 

 two hunters succeeded in driving into a den and diisi^atch- 

 ing near the opening a fine fellow. One of them suggested 

 the propriety of examining "that hole" before leaving it. 

 Crawling cautiously in, he was almost rattled to see six 

 balls of fire gleaming at him. A rapid fusilade, and the 

 hunters returned to town with four splendid fellows- 

 three yearlings and one old one. The supervisor of 

 Hunter told me had this day issued five certificates for 

 bounties on presentation of the skulls, as required by law, 

 A conservative estimate places the number killed within 

 a radius of 10 miles at 25 to 30 in two weeks. The enor- 

 mous amount of "shack," beechnuts, etc, in the moun- 

 tains makes them exceedingly fat, J. K, 



Do Long Close Seasons Increase Game? 



Easton, Md,, Dec, li.— Editor Forest and Stream: 

 There is a subject that will be taken up at our meeting 

 next week that we would much like to be enlightened 

 upon, and upon which there is a difference of opinion 

 amoner the sportsmen of this section. In view of the 

 scarcity of partridges (quaQ) in all this section, owing to 

 the severity of the past winter, we are considering 

 whether it would be best to prevent shooting altogether 

 for say two years, or to shorten the open season to say 

 twenty or thirty days. The advocates of the short open 

 season claim (and I am disposed to agree with from an ex- 

 perience of a good many years) that if birds are not shot 

 at all they grow very tame and become an easy prey for 

 their enemies, and .that if the coveys are left entirely un- 

 disturbed they do not break up readily and pair off in the 

 spring. I know that in several estates here where shoot- 

 ing has not been allowed birds do not increase, and where 

 some shooting has been done birds seem to keep up breed- 

 ing and are more numerous. Cannot we get the opinion 

 of some of our large family of sportsmen through our 

 family paper? Sinkboat. 



Central New York. 



Itbcaca, N. Y. — Reports from almost every town in 

 Tompkins county indicate that the ruffed grouse supply 

 is larger than for several years past. The game supply 

 houses of Ithaca are abundantly supplied with the birds, 

 and sportsmen unite in saying that good grouse shooting 

 may be obtained in most any part of the county. 



The rabbit crop is big, but almost every third man you 

 meet afield carries a ferret concealed about his person, so 

 that it is perfectly reasonable to infer that an enormous 

 inroad on the supply will be made. 



Duck shooting on the Ithaca marsh has not been up to 

 the average, I am told. A good many birds have been in 

 the neighborhood, but they have invariably flown high 

 when making theu* morning and evening flights. While 

 a large number of bu-ds have been shot by the several 

 score and forty odd duck shooters of the town, the bags 

 have been light compared to those of last year. 



The water in the lakes and streams hereabouts is almost 

 unprecedentedly low, and sportsmen entertain fear for the 

 safety of trout and other fish spawn should winter set in 

 without a good fall of rain. M. C. H, 



A Word About "Von W." 



Colt's Neck, N, J. — Editor Forest and Stream: I was 

 glad to become acquainted, as one might say, with "Von 

 W." through the columns of your paper last week. I 

 think his article on "Forests and Streams" was one of the 

 best that has been written on the subject, and greatly en- 

 joyed reading it, as it hits the nail exactly on the head. 

 Have also enjoyed reading other articles published in 

 your paper and contributed by him, one of which was a 

 short poem entitled "A Midsummer Pajan," published 

 some three years since. It was one of the grandest that 

 I have ever had the pleasure of reading, and I have pre- 

 served it among my literary treasui'es. A. L, L, 



Fred Satjtee, the taxidermist, 3 North William street, New York, has 

 been very busy executing orders for mounting large game, heads, etc., 

 shot by his friends in the Eastern and Western States. It is very in- 

 teresting to visit his establishment and see specimens from sportsmen 

 to be prepared as trophies. BIr. Sauter has on hand a large collection 

 of choice game heads, rugs, mats, etc. , suitable for Christmas presents 

 —Adv. 



Where Montgomery Fell. 



Qdebbc, Dec. 2.— Editor Forest and Stream: Many of your readers 

 in the United States have doubtless visited our ancient city in summer 

 while en route to the many rivers and lakes of this district, but a 

 very small percentage of these sportsmen have seen Quebec in its 

 winter garb. An opportunity to do this is in prospect as related in 

 that admirable and interesting letter of J. U. Gregory, Esq., in your 

 issue of Nov. lib, inviting brother sportsmen to come to Quebec's car- 

 nival this winter. The white mantle of the Cote de Beaupre, with 

 the dark background of the Laurentide Hills and the blue foregroimd 

 of the mighty St. Lawrence, its surface sometimes clear but of tener 

 dotted with hocks of ice, mark the contrasts of our winter landscape 

 as seen from the windows of Chateau Frontenac. The chmate is 

 variable, but the clear, cold, bracing air is nothing any one need be 

 afraid of. Peradventure a snowstorm may rage, and. then the cosy 

 rooms of the chateau will be comfortable refuges till the blizzard has 

 passed, but these varieties only make the visit more interesting. The 

 river is crossed half-hourly by the winter steam ferry, but if so 

 inclined our visitors may try the ancien mode in lar^e strong canoes 

 navigated by experienced men. This trip is varied by paddhng 

 through the clear water and being dragged in the canoe over the ice 

 floes, making the voyage a novel and exciting experience 



Ab friend Gregory has dipped somewhat into the history of Quebec, 

 I would correct a grave error that both he and some others, notably 

 City Engineer Baillargfi have fallen into relating to tlaat memorable 

 night of Dec. 31, 1775. The latter gentleman, who certuinly should be 

 better informed, has published ah egregious blunder on a placard 

 which he placed on the walls of his residence in St. Louis street, built 

 on the site of the old house in wldch the body of General Montgomery 

 was laid after the battle. This placard slates: 



"The body of General Montgomery of the United States Army, 

 mortally wounded while scaling Cape Diamond, endeavoring to plant 

 the American flag on the heights of the plains of Abraham, was laid 

 out here the 3lst of December, 1775, In an old house dating 16611, 

 demohshed and rebuilt in 1890. " 



There is a sign board placed at a certain height on the rocks over 

 Champlain street, so as to be visible from the river, ^vhereon is in- 

 scribed: ''Here Montgomery fell 31st December, 1775," and under- 

 neath a hand pointing downward. The diction of this inscription is 

 certainly misleading, as the sequel will show, but not such a barefaced 

 untruth as the BaiUargS placard. This old sign still remains, seeing 

 its renovation is nobody's busmess in particular. 



In 1775 Champlain street was only a narro w beach road, and at this 

 particular spot, under Cape Diamond, was a barricade and guard- 



house, defended by one cannon and a detachment of Canadian militia 

 and British sailors. Gen. Montgomery being all the time in the pos- 

 session of the plains of Abraham, crossed them with his command and 

 descended the clifl", doubtless near where Wolfe ascended sixteen 

 years before, and advanced toward the city by this narrow beach 

 road, during a howling snowstorm on the night of Dec. 3. 



The barricade and guardhouse were in darkness, seemingly unoccu- 

 pied, giving no sign, and whatever the ofHcer who went to recon- 

 noitre it reported to his chief is not recorded, but Montgomery at 

 once advanced at the head of his column. 



The liveliness of the post was then announced by a terrific discharge 

 of grape and musketry, instantly killing him, two officers, McPherson 

 and Cheeseman, a sergeant and nine men. The balance of the com- 

 mand fled, and next morning thy-teen bodies were found buried in the 

 snow. Montgomery's sword was taken by a drummer boy, and pur- 

 chased on the spot by James Thompson, Royal engineer and overseer 

 of works, whose grandson placed it for safe keeping in the Museum of 

 the Literary and Historical Society of Quebec, where it remained for 

 many j^ears, until he disposed of it to the Marquis of Lorne, who pre- 

 sented it to the Montgomery family, residing, I think, in New York. 



From this misleading sign and placard, all strangers visiting Quebec 

 are led to believe that Montgomery fell in attempting to climb the 

 cUff, which is totally incorrect. One visitor is said to have remarked 

 that if Montgomery fell down that cliff it is no wonder he was killed. 

 Hoping that many of your readers will visit Quebec, this writer re- 

 mains, etc. F. C. WURTELE. 



m Htfd ^iv^r fishing. 



FISHING ON SUNDAY. 



Full Text of the Opinion of the Court of 

 Appeals, 



The People of the State op New York, Eespondent, 

 V. Egbert H. Moses, Appellant. 

 (Decided November 28, 1893.) 

 Matthew Daly for appellant. 

 M. H. Hirsehberg for respondent. 



Earl, J, The defendant was convicted in a court held 

 by a justice of the peace in the county of Orange, of the 

 crime of Sabbath breaking. The conviction was affirmed 

 upon appeal to the Court of Sessions of that county, and 

 upon appeal to the General Term of the Supreme Court, 

 He has now appealed to this court, claiming upon the 

 undisputed facts that he was not guilty of the crime 

 charged, • 



The act claimed to be a violation of tlie Sunday laws 

 was fishing from a boat upon Clark's pond, in the county 

 of Orange on Sunday, The pond is a body of water about 

 a mile in length, and over half a mile wide. It does not 

 distinctly appear in the evidence whether the pond is 

 public or private property, but it may be assumed here, 

 as it was in the court below, that it belonged to a club 

 of which the defendant was a member. The pond is 

 not a secluded body of water as there are public high- 

 ways and occupied residences in its vicinity, and the act 

 of the defendant was committed within the observation 

 of a number of people. He claims that he was not 

 guilty of the offense charged because the pond was pri- 

 vate property, and his acts were not, therefore, public, 

 and did not constitute "serious interruption of the repose 

 and religious hberty of the community." 



The Christian Sabbath is one of the civil institutions of 

 the State, and that the Legislature for the purpose of pro- 

 moting the moral and physical well-being of the people, 

 and the peace, quiet and good order of society, has 

 authority to regulate its observance, and prevent its dese- 

 cration by any appropriate legislation is unquestioned. 

 (Lindenmuller Y. People, 33 Barb, 548; Neuindorff v, 

 Diiryea, 69 N. Y, 557.) 



We have, therefore, only to construe the statutes and 

 ascertain whether they prohibit the act complained of. 

 Section 259 of the Penal Code provides that "the first day 

 of the week, being by general consent set apart for rest 

 and religious uses, the law prohibits the doing on that 

 day of certain acts hereinafter specified, which are serious 

 interruptions of the repose and religious liberty of the 

 community." It is not the meaning of this section that 

 every act which is claimed to be a violation thereof must, 

 in fact, be a serious interruption of the repose and reli- 

 gious liberty of the community; but the Legislature in 

 subsequent sections specified certain acts which are 

 declared to be serious interruptions of the repose 

 and religious liberty of the community — acts, neces- 

 sarily described in general and comprehensive terms, 

 which the law-makers believed had a general ten- 

 dency to interfere with Sunday as a day of rest and 

 religious worship. Section 263 prohibits all labor on 

 Sunday, excepting works of necessity or charity, and 

 it matters not whether the prohibited labor be public or 

 private, wherever it is performed it is prohibited. In Sec- 

 tion 265 particular acts are specified which are prohibited, 

 as follows: "All shooting, hunting, fishing, playing, horse 

 racing, gaming or other public sport, exercises or shows 

 upon the first day of the week, and all noise disturbing 

 the peace of the day, are prohibited." In Sections 266, 267 

 and 268 other acts are specially prohibited. It is thus 

 seen that among the acts specially prohibited on Sunday 

 is fishing. That is absolutely prohibited on Sunday every- 

 where and under all circumstances. It may be done in a 

 community where it does not offend the sensibilities of 

 any one; it may be done in such a manner as not to dis- 

 turb the peace or interrupt the repose or religious liberty 

 of the community, and yet the law is violated. It is quite 

 unreasonable to suijpose that the Legislature meant that 

 whenever any of these acts are charged as a violation of 

 the law an issue can be framed and tried as to their public, 

 offensive or diatm'bing character. The Legislature has 

 settled that matter by prohibiting them absolutely. 



In reaching this conclusion we are not embarrassed by 

 the decision in the case of People v. Dennin (35 Hun, 

 327), because we do not think that case was correctly de- 

 cided. There the defendant and two other jjersons, played 

 ball on Sunday, in private grounds, with the consent of 

 the owner thereof, creating no disturbance and making 

 no noise, and it was there held that to constitute a viola- 

 tion of Section 265 of the Penal Coda the playing prohib- 

 ited must seriously interrupt the repose of the community 

 on Sunday. That playing ball by several persons in a 

 place open to the view of the people who may be in the 

 vicinity, or who may pass by, is condemned by the prin- 

 ciples which lie at the bottom of the Sunday laws, and is 

 an act of playing within the meaning of the statute can- 

 not be doubted. 



We think the judgment should be affirmed. 



All concur, except Ftnoh, Pbckham and Gray, JJ, , 

 dissenting. 



Judgment afiarmed. 



A copy. H. E, SiCKELS, Eeporter, C, 



