Jaw. 80, 1897.3 
FOREST AND STREAM. 
89 
America, the war between open shooting and the idea of 
the game preserve. The lesson of this war may be clearly 
read in the situation on this once famous marsh of the 
Little Calumet. Outside the Tolleston Club grounds 
there is no shooting. Inside there is shooting of very 
good sort. 
For the benefit of those asking a clear view of the affair 
at the ToIIeston Club a map of the grounds is appended, 
made for Forest and Stream this week from copy fur- 
nished by the secretary of the club, Mr. Geo. Manierre. 
On this map may be seen a heavy dotted line surrounding 
the portions marked aa marsh and water. This dotted 
line indicates the original U. S. Government Survey, 
made in 1834, when all this land was part of the public 
domain. The part of the old Calumet Marsh within these 
dotted lines was marked as "impassable morass," and it 
remained as part of the public domain. Under the Swamp 
Lands acts of 1850 this land was resurveyed in 1870, and 
was then raeanderfd and so thrown open for entry 
under the United States land laws pertaining to such 
lands. The State of Indiana, within whose borders this 
land lies, never attained title to these lands at all. They 
were taken direct by patent of the United States. The 
ToUeston Club obtained its lands, 2,300 acres in aU, in 
1873, taking title direct from the United States, or in 
case of some lots by mesne conveyance from the United 
States. To-day you may see a stack of these old land 
patents in the archives of the club, bearing the signature 
of "U, S. Grant, President of the United Stases," these 
President E. F. Daniels when seen expressed his deep 
sorrow over this unfortunate affair, and gladly gave the 
Forest and Stream representative every aid to a full un- 
derstanding of the facts. Mr, F. A. Howe, ex -president 
of the club, a man very much beloved and for many 
years continued in the office of president by the club, also 
spoke in terms of regret of the matter. Mr. Howe gave 
details as to earlier troubles upon the marsh, and set 
forth clearly facts which have never been made public. 
Mr. Geo. Manierre, secretary of the club, shared the same . 
feeling, and also aided cheerfully in getting at all the in- 
formation, Mr. 0. D. Peacock, the club treasurer, in 
response to inquiry writes very kindly that he is not in 
possession of any facts except those embodied in the 
superintendent's report. The tone of these men and of 
other ToUeston members interviewed upon this sad occur- 
rence is that while they deplore the affair, they do not 
in any sense feel responsible or at fault in it. It goes 
without saying that their watchmen will have the best of 
legal defense, and that no pains rior money will be spared 
in carrying this matter to a finish. 
At this writing Frank Whitlock is still iinfound. He 
is thought to be in Chicago. Koster, the man most se- 
riously shot, is at this time still living, and it is hoped by 
all that hie in juries may net be fatal. The ball passed 
through his body. Koster, or Costick, is a young Pole, 
a farm hand in the employ of Wm. Lohman, leader of the 
party of alleged poachers. Henry Nimitz, a farmer and 
one of the party, says that the following were also of the 
J, (ao« 
MAP OF TOLLESTON PRESERVE. 
patents running in some cases to a man who at once con- 
veyed them to the ToUeston Club. 
Meantime other parties had also taken land near by, 
and after a time the State of Indiana cast eyes upon this 
land. Certain parties, among these John H. Clough, 
whose land may be seen adjoining the club grounds upon 
the south, brought suit against the club, claiming that as 
riparian owners they owned all the land, not only up to 
the old survey line of 1834, but clear up to the middle of 
the stream of water made by the Little Calumet River. 
This claim, if allowed, would deprive the club of much of 
the property it has held so long; but as a matter of fact 
the Supreme Court of Indiana did approve this riparian 
ownership position, its decree giving Clough ownership 
clear up to the middle of the stream. In this, however, 
the Supreme Court of Indiana ran against the Supreme 
Court of the United States, to which the case was at once 
taken by the hard-fighting ToUeston Club. The latter 
expects that the United States will back the patents as 
originally issued, and hence believes that it will win the 
suit. As it stands, of course, Clough does not own the 
land beyond the line of the 1834 survey, and he cannot 
own it, no matter what the decision of the Indiana courts, 
until the Supreme Court has decided that he does so own 
it. This it may or may not do. 
These facts all bear upon the case in hand, in which 
trespassers were ejected from this debated ground. 
Reference to the map wUl show a star (*) marked upon it 
close to the pond hole called the "Round Hole," This is 
where the shooting took place. (It was within a short 
distance from this point that Whitlock and Treager were 
shot a year ago.) Then fourteen men who made up the 
invading party came across the raarsh from the east on a 
line from the "Mallard Slough" and across the "Big 
Slough," all the country being covered with ice outside 
the running current of water. The men were seen by the 
watchmen, as described, from a point near the club 
house beyond the "North Shore Slough," and on the op- 
posite side of the river, which latter they crossed as stated 
in a boat. The encounter, it may thus be seen, took place 
at a point which is upon the disputed Clough land. The 
{)oacher8 claim they were on their neighbor Clough's 
and. The club claims that this land does not belong to 
Clough at all, and cannot except as the title pends in the 
Supreme Court. It may be supposed that a very pretty 
legal situation aU around is involved, and it is not likely 
that we shall for some time hear the end of this complica- 
tion. 
All the officers and members of the ToUeston Club are 
grave and troubled over this affair, and over the misrep- 
resentations to which they have been subjected by one- 
sided press reports from the scene of the trouble. They 
have been asked, "How many men have been killed by 
the club watchmen?" and all that sort of thing. As a 
matter of fact, the club has never sought any trouble with 
the poaching element at any time. It has killed no man. 
It has lost two watchmen killed and had two others shot 
nearly to death, to say nothing of the attempt made this 
week to shoot others of the men engaged in protecting the 
club property, which has been owned for nearly twenty- 
four years. The ToUeston Club has not been aggressor in 
any case, but has refused to allow lawless persons to run 
over it and its privUeges. That the club is intensely un- 
popular on this account is not to be denied, but this un- 
popularity is something to which any sportsmen's club 
must submit. 
party: William Lohman, Lawrence Koudyker, John 
BothweU, Alvin Bothwell, Rand Bothwell, Floyd Both- 
well, William Johnson, John Johnson, Frank Costick, 
Charles Prott, Theodore Prott, Herman Guntzell, Alvin 
Nicholson. 
It is charged by the club men that this raid was deliber- 
ately planned and carried out, and that the intention was 
to precipitate a fight. It is claimed that the animus of 
this and the names of the real leaders of the movement 
will come out at the trial. Feeling at this date of writ- 
ing continues very intense. E. HotrQH. 
1206 BoYCE Building, Chicago. 
Some Experiences with the Stump Bear. 
Okanogan County, Wash., Jan. 7.— A short time ago I 
returned to the Okanogan from my annual vacation, and I 
found that I had got a long way behind in my newspaper 
reading, and nothing pleased me any more than your 
editorial on the "Stump Bear." 
Now that the stump bear has been given a place in the 
bear catalogue, I presume that it will be in order to give 
the Forest and Stream family some of the hairbreadth 
escapes we have h?d, the number we have seen and been 
chased by, and all the particulars pertaining thereto. 
In I860; when father and I went to Georgia Gulch, in 
Colorado, while father was prospecting I put in my time 
hunting. We had taken our wagon apart and made a 
cart; as there was quite a lot of open country around 
there, I found it very convenient and could bring my 
game home and readily sell any surplus. On one of my 
trips I was accompanied by Mr. J, and Mr. W., who 
claimed to be good hunters and had killed a great many 
deer, yet seemed to be very much afraid of bears. The 
first day out the boys each got a deer and they were 
highly elated. The next day they got another deer 
apiece and I got a very big buck and one small sheep. 
We reached camp in cime to go down on to a stream we 
called Eagle River. Here we camped under a big spruce 
tree and picketed the oxen in a meadow near by. 
As we had been very successful thus far we were feeling 
fine, and many were the stories told around the camp-fire 
that night. After forming plans for the morrow I took 
my blankets and went and laid down by one of the oxen, 
a habit I had been following ever since we had left the 
Missouri River. I was soon sleeping soundly, and do not 
know how long I had been asleep when I was awakened 
by the dog barking, and soon I heard two shote fired in 
quick succession. Then in a few minutes I heard six 
more. I got up and dressed myself and grabbed my rifle 
and revolver, and waited for further developments, which 
soon came by the boys hollering to me to come there, 
that a bear had taken possession of camp and had them 
up the tree, and they did not have their shot pouches. 
The poor dog had stampeded. I went up toward camp 
very cautiously. The boys kept telling me that they could 
see the bear, and that it was just above camp. I was 
soon able to get the object that I could see up Ibetween 
me and the horizon, and then I could see that it was 
nothing but a very large stump bear. I could not help 
laughing at the Doys for their mistake. I built up the 
fire, then they come down, but it was quite a while before 
the dog came back to the fire. He showed by his actions 
that he was thoroughly frightened, for every few minutes 
he woxild look toward the stump and growl. I went back 
to my bed and Biept until day began to break, then I got 
up and went to camp and started the fire. Soon the boys 
were up, and although they tried to make me believe that 
they had put up a job on me, I told them that it was too 
transparent. One of them had a very nice knife and said 
that it cost $5 in the States, and that he would make me 
a present of the knife if I would not say anything about 
the stump bear. I told him all right, We examined the 
bear very closely that morning, but could not find a 
wound on it. 
Not many years ago, while up in the Clear Water coun- 
try, Mr, Odle and I went one Sunday to see if we could 
locate a raepberry patch I had visited a few years before. 
When we had got near the place we picketed our horses 
and started up the ridge, and had gone but a short dis- 
tance when I called his attention to what at first I .thought 
was a stump, yet it looked very much like a bear. ' While 
wo were looking it got down from a sitting posture to its 
natural way of locomotion. I jerked out my revolver, 
but Mr. O. begged me not to shoot. The bear ran around 
the hill and 1 after it. Mr. O. ran toward the horses, I 
soon come in sight of the bear, which had stopped at 
about 75yds, I took a shot at it and crippled it very 
badly. I ran up near to it and shot it in the nead, then I 
went back and hollered for Mr, O, He could hardly be- 
lieve that I had killed the bear, and was very nervous 
about going up to it. It was about two years old. And 
thus ends the first chapter on the stump bear. Next! 
Lew Wilmot, 
Ontario Water-Killing Deer Law. 
Belleville, Ont., Jan. 19. — A great deal of dissatisfac- 
tion having resulted from last year's amendment to the 
game law, whereby the killing of deer in the water was 
prohibited, the Forest and Stream Club, of this city, 
called a meeting some weeks ago, to which all interested 
in the premises were invited, irrespective of their mem- 
bership in the club. Mr. W. H. Biggar, president of the 
club and member in the Ontario Legislature (in whose 
Province the subject lies) for this constituency, presided, 
and there was a thoroughly representative gathering. 
The subject was thoroughly discussed in all its bearings, 
and it was shown conclusively by reports from various 
parties of hunters that the prevention of water-killing 
nad had the effect of causing much greater destruction 
than formerly among the deer herd, owing to the wound- 
ing of hundreds of the animals which escaped to die a 
lingering death. The following resolution, in which will 
be found embodied the objections which had been found 
as the result of experience against last year's change in 
the law, and suggestions for its further amendment at 
the session of the Legislature, which will open on the 
10th of February, proximo, was submitted to the meeting: 
Whereas, The effect of the law preventing the water- 
killing of deer has been shown by the experience of this 
season to be dangerous to human life by reason of large 
numbers of inexperienced persons who would otherwise 
have a clear view of their surroundings being inclined to 
shoot at moving objects in the woods, pupposing them to 
be deer, with ofttimes fatal results; and 
Wherecis, to prevent the killing of deer in the water or 
to prohibit hounding would virtually confine the hunting 
of deer to professional hunters and settlers, and shut out 
from such enjoyment the great majority of the people 
who might so desire; and 
Whereas, The result of the present law has been to 
cause the wounding of many deer which could not be se- 
cured, and which no doubt died a lingering and painful 
death or became prey to wolves; 
Therefore, It is resolved that this club respectfully re- 
quests that the Taw may be so altered as to permit the kill- 
ing of deer in the water as formerly; to limit the number 
of deer which each hunter may kill to one in each season, 
and to provide that venison shall not hereafter be sold, 
under a heavy penalty. 
This resolution was referred to an able committee, who 
after some weeks' consideration adopted it with virtual 
unanimity, and decided to present them to the Game 
Commissioners. President Biggar stated that should the 
Commissioners refuse to recommend the resolution to 
the Legislature, he will embody it in a bill which he will 
introduce. When it is considered that our deer country 
is heavily wooded, rocky and rough in the extreme, 
and abounding in lakes, it will be seen that it is a fair 
compromise, and will be highly effective in preserving 
the deer. The slaughter caused by unskillful marksman- 
ship in the woods; the limiting of the hunter to one deer; 
but above all, the stopping of the sale of venison, could 
not have other than a most salutary effect in the way of 
protection. At present there are men in this region who 
boast of killing and selling as many as sixty deer in a 
season. By stopping the sale, as suggested, the occupa- 
tion of those butchers would be gone. 
So great is the extent of the territory to be covered, so 
difficult is it to secure information from the people in the 
deer range as to infractions of the law, that our game 
wardens' duty is no sinecure, but they have done as well 
as could be expected so far, and will no doubt do better 
in future, as the people become educated to their inter- 
est in the matter. The following paragraph from this 
day's issue of the Toronto Olobe will be found of interest 
in this connection: "The chief game warden for the 
northern district made an important seizure of moose 
skins at Orillia last week, and has notified the department 
to this effect. No names are given, but instructions have 
been given to prosecute the parties who had them in their 
possession." R. S. Bell. 
Maine Guide License Scheme. 
Boston, Jan. 23. — Late reports say that the Maine 
guides are decidedly down on Commissioner Carlton's bill 
that they must be licensed. The Rangeley Guides' Asso- 
ciation is reported to be against the mq9,sure to a man, 
and so decidedly against it as to have decided to send a 
protest to Augusta. Several members of that Association 
have written the newspapers protesting against such a 
measure, and asking why guides should be required to 
take out licenses, at cost to themselves, any more than 
men who work at lumbering, farming or any other em- 
ployment. Besides they declare that the law does not 
propose to grant them anything in return. It does not 
mcrease their powers for fish and game protection. It 
simply requires them to look out for fires"and make them- 
selves obnoxious to the people whom they guide by being 
obliged to make returns to the State concerning names, 
fish and game taken, and grounds hunted and fished 
over. 
The Rangeley Lakea newspaper, published at Rangeley, 
