Nov. 13, 1897.] 
388 
The question of the unqualified application of the terms 
ofa game law to game killed beyond the limits of the 
country enacting the law and brought within the country, 
arose in the courts of England, and was decided in the 
i case of Whitehead vs. Smithers, 2 Com. PI. Div. 553. In 
[ that case the question was raised upon two acts of Parlia- 
I ment passed for the protection of wildfowl, viz., 35 & 36 
Vict. C. 78, and 39 & 40 Vict. C. 29. By Sec. 2 of the first- 
mentioned act, it was enacted that any person who should 
kili of take any wild bird^or expose or ofier for sale any 
wild bird recently killed or taken bet^veeii the 18th of 
I March and the 1st of August, should incur a penalty of 5s., 
j "unless he should prove to the satisfaction of the justice 
I that the bird was bought or received on or before the 
1 15th of March, or of or from some person residing out of 
the United Kingdom." Under that statute it was an an- 
swer to an information if the person charged could prove 
j that the bird which he exposed or offered for sale was 
bought or received by him of or from some person residing 
oiit of the United Kingdom. But that act failed to accom- 
plish the purpose of the legislature, and deeming it neces- 
sary to pass a more stringent and less qualified act, the act 
of 39 & 40 Vict, was passed; and after reciting that the pro- 
tection accorded by the preceding act was found to be 
insuflicient, the last act enacted "that any person who 
shall kill or take, or sJiall have in his control or possession, 
any wildfowl recently killed or taken, between the 
15th of February and the 10th of July, shall, on con- 
viction, forfeit and pay for every such wildfowl so killed 
' etc., or so in Ms possession, not exceeding £1." In that case, it 
was urged that, inasmuch as the second act did not in terms 
repeal the first act, and the second act made no mention 
of wildfowl killed or transported from beyond the limits of 
the United Kingdom, the two acts should be read together, 
and consequently, it having been proved that the plover 
in question was bought by the defendant of a person re- 
siding in Holland, that was an answer to- an information 
under the latter act. But the court held otherwise, and, 
, in the opinion deliv'ered by Lord Chief Justice Coleridge, 
he said: "It is said that it would be a strong thing for the 
Legislature of the United Kingdom to interfere with the 
right of foreigners to kill foreign birds. But it may well 
be that the true and only mode of protecting British wild- 
fowl from indiscriminate slaughter, as well as of protect- 
ing other British interests, is by interfering indirectly 
with the proceedings of foreign persons. The object is to 
prevent British wildfowl from being improperly killed and 
sold under pretense of their being imported from abroad. 
It has been said that the second statute cannot be held to 
operate as a repeal of the first, because there is no contra- 
riety or repugnancy in the two acts. The act of 1876, 
however, refers in terms to the act of 1872, and declares 
that the protection afforded by it to the wild birds was in- 
sufficient, and that it is expedient to provide further for 
their protection." And this was done, as we have seen, 
by omitting from the last act the exception contained in 
the first, allowing birds to be brought into the Kingdom 
from foreign parts, and prohibiting their possession in the 
Kingdom during the prescribed period. This was found 
in England to be the only effectual mode of protecting the 
birds within the Kingdom; and that mode has been 
adopted by the act of Congress which we have considered. 
It follows that the judgment of the court below must be 
affirmed; and it is so ordered. Judgt affirmed. 
Indorsed; No. 707 Charles H. Javins, John F. Javins & Frank H. 
Javins vs. the United States. Opinion of Court by Alvej^, Ch. Jus- 
tice. Court of Appeals, District of Columbia. Filed Nov. l, 1897. 
Kobert Willett, Clerk. 
A true copy. 
Test: KOEERT "Willett, Clerk. 
A BRACE OF WILD TURKEYS. 
I HAVE always bad a hankering for a shot at that prince 
of game birds, a wild turkey, and though I was born in the 
woods and mountains of central Pennsjdvaoia, and have 
hunted more or less all my lite, and been in at the death of 
some bears, a good many deer and almost all kinds of small 
game without number, it never was my good fortune until 
this fall to kill a wild turkey. Once when I was a boy at 
home on the farm, a flock of wild turkeys, which have 
always been very rare in our county, came into the field one 
fall where 1 was plowing. I hunled to the house and got 
our old rifle only to find them gone. I followed the flock 
quite a distance and succeeded in getting a bead on the old 
gobbler, and pulled the trigger, when I discovered that the 
cap was off, and so were my turkeys, which I never saw 
again. 
The genuine American wild turkey is very wild, alert to 
any danger, wonderfully swift of foot, and a swift, strono- 
flyer, and old hunters have told me that a wild turkey fs 
harder to shoot than a deer. With this knowledge of the 
character and habits of my game I had very little*hopes of 
getting a shot when, in company with a clerical friend, a 
school friend of other days, 1 boarded the train on the even- 
ing of Oct. 14 for the mountains of Miflin county, Pa., to 
hunt for turkeys. We spent the nieht with some good 
friends in Newton, Hamilton county. Pa., and the morning 
of Oct. 15, at daylight, in company with our mutual friend, 
McDowell, found us on Greenbrier Ridge, which was said 
to be the home of a large flock of wild turkeys, ready to 
open the season and try the new Pennsylvania game law. 
The weather was very warm, the woods very dry and water 
extremely scarce. 
As soon as diyU^ht came, the batteries of the gunners 
opened. From the top of J acks Mountain, across the valley 
o the top of the Greenbrier ridges, there was one constant 
usilade. Most ol the shooting was at squirrels, which were 
very numerous, and hundreds of them were killed and 
brought into town that day. I paid no attention to squirrels, 
for I was hunting turkeys. 1 had "squirrels at home. During 
the early part of the day I got lost from my companions, and 
hunted alo^e. At noon I wended my way to a little farm- 
house, and got a cup of milk to drink with my lunch. Here 
I got into the good graces of a farmer boy, who gave me 
some valuable information as to the probable whereabouts of 
my turkeys. About 3 o'clock in the afternoon, I had given 
a flock of grouse a trimming up, and had reached an old 
road leading down along the mountain, when about 100yds. 
ahead of .me a magnificent gobbler stepped into the road and 
spied me He was too far away for a shot, and I could only 
stop and look at him and wish for my rifle, while my gobbler 
slipped out of sight down the mountain toward a small 
stream in the valley below. I concluded that the turkeys 
would hunt the water about that time in the day, and this 
old gobbler was the advance guard in that direction. 
I quietly hurried down the ridge, cro.ssed the creek and 
secreted myself under a low-spreading pine, where I could 
see quite a distance both up and down the creek. 
Below me, about 60yds., was a patch of green grass and a 
pool of water, the stream being about dry. I had not been 
seated more than ten minutes when I heard down the stream 
to my right: "Qait! qail! quit!" and on turning my head in 
that direction 1 discovered about sixteen as fine turkeys as 
ever greeted the eye of a hunter. The old warrior that I 
had seen on the road on the mountain had discovered me 
and had given the alarm, and some of the flock had already 
80ug:ht cover. Ho time was to be wasted, and springing to 
my feet I killed the largest gobbler in sight. The flock at 
once took flight, and stepping from under the pine tree, I 
killed a young hen before she got out of sight, I hurriedly 
reloaded mv Remington ready foi- another shot, when I re- 
membered that under the new game law I had killed my 
limit, "not exceeding two wild turkeys in one day." and I 
gathered up my game, slung them over my gun and started 
for town. 
I have never made two better shots than on this occasion, 
and I have never sat down to a nicer dinner than that tur- 
key hen afforded me on the Sunday following. 
Frank G. Hareis. 
Cleabi'ibld, Pa., Nov. I. 
IN DUTCHESS COUNTY. 
A LINK got looie from our chain last week, and we were 
off for our annual three days in old Dutchess, the land flow- 
ing with milk and honey and— cider. For the white hives 
dot the yards and hillsides of the farms in every direction, 
and at no time, day or night, do the roads seem free of 
wagons with covered milk cans. And apple juice! Where 
in the wide world is there better, or is it more freely ladled 
out than with the hospitable farmers of this old borough. 
We were met with a hearty welcome by Cousin "Will and 
Cousin Kate, not to forget the other Kate, who prepared the 
woodcock so well in all its tenderness and perfection. After 
a very enjoyable supper, of course we wended our way 
down town to veteran Jim Newman's, the headquarters of 
the sportsman's fraternity. Jim and his two sons are all lovers 
of the dog and gun. We had a hearty hand shake from ex- 
Sheriff' Barllett. who looks well after his sojourn on his 
Pine Apple Ranch, in Florida; also Mr. Hibbard, cashier of 
the hank, and a sxibscriber and ardent believer ir Forest 
AND Stream; also the editor of the Amenia Times, who 
gave a good notice later on. They all seemed glad to see 
us, and we believe they were. 
The boys, Jack and Mike Fitzgerald (the latter univer- 
sally called Switzer, though why, nobody seemed to know), 
were on hand in the morning with Cute, the black setter', 
and their team. What luckl Previously, after a day's hunt 
in the neighborhood, we were accustomed to hire a livery 
team for more distant covers, but now the boys have a 
conveyance of their own, and they got it cheap. The parish 
priest, and a mighty good man he is said to be, wanted to 
dispose of his horse; it was put up at a raflae, and for a 63- 
cent ticket the boys won it. They proposed to trade it off 
for a bicycle, but fortune again favored them, and they got 
a light wagon and harness at a bargain, and there we were 
What larks 1 
We found the woods very noisy and full of leaves (no rain 
for weeks) and the birds would not lie for the dog until they 
had been put up three or four times, but would steal off, or 
up with a whirr several gunshots off. Jacobstaff, as usual, 
fell early in the fight. Knowing our frailties we proposed 
to stick to the wagon, while the boys went around and 
skir.'ed a swamp at the base of the mountains; and when we 
heard their guns we were to join them. 
It was not long before the reverberations commenced, and 
we essayed to go over to them, but had a time crossing' that 
swamp, with its bogs, black muck, briers, roots and burrs. 
But we found the shooters gone on, thinking we were still 
in the vehicle going down the road. 
Back we started, getting part way when their voices again 
called us, and we tried it again, but still to find them like 
the ignis fatuus, further off'. We finally reached them and 
found they had three nice birds. As there was a bad place 
to go through and no prospects of birds for a mile or so, we 
took their game and essayed that confounded swamp again 
to drive the team down the road and join them. We got 
along with much labor and divers falls until we struck the 
brook, now widened to some 8 or 10ft. We tried to jump, 
and landed up to our knees in the confounded black muck! 
With much exertion and many hard thoughts we extracted 
ourselves and went back on the road slush, slump, slump 
slush, in our shoes, for the wagon. We finally got with the 
boys again and had our share of a few shots, adding to our 
bag. 
The next day was a repetition, though not so bad as to 
swamp, hut the leaves were very slippery on the mountain 
side, and there were a good many ledges and briers and logs 
and stumps, and the cunning birds often being shot at once 
in the vale would streak it for the mountain top, and then 
down to the swamps again— and we got enough of it. 
Saturday came off clear and warm, the days had been 
overcast and somber. "Now, boys, for the bushy tails. 
You can climb the Empyrean heights (Dutchess county rock- 
ribbed mountains) for the cunning grouse; we have had 
enough." We had a good bag to take home anyway. There 
are not many patches of woods with large timber suitable 
for squirrels, and we were several days late in the season 
the law being up on the 15th, and many of the rodents had 
been brought to bag by the juvenile sportsmen; but we 
hoped that some had escaped them. We drove over some 
six miles from the village and started in a piece of woods 
that looked good, but not a sign did we see nor a noiae hear. 
It was like a graveyard or a Quaker meeting. We feared 
the last of the bushy tails had been gathered and that we 
were left. After gettina: some distance in the woods we sat 
down and essayed to finish our morning paper— what was 
that? a drop from somewhere above on the dry leaves near 
us. A hasty glance discovered a big gray diligently at work 
with his breakfast. He was poon bagged. Another one 
jumped off to our right. After a smart run and a 
running shot he found' his fellow. Another was heard 
further along, and with careful steps we followed. All was 
still. Again we essayed to rest and listen. Down a big tree 
came a gray, followed by a red; we hurriedly fired at the 
gray while on the ground, but he, though evidently hurt, 
succeeded in reaching a big tree, running up on the opposite 
side, of course, and into a hole. We watched that hole for 
some time, but he didn't show up; but another did, his 
brother perhaps, from another direction, coming visiting. It 
took in our hurry the second barrel to get him. At the crack 
of the gun a big dark -colored fellow "jumped from a neigh- 
boring tree and up another and into a hole. As he had not 
been shot at, we thought he would come out soon. He did 
show his nose, but guess he saw us, for he popped back; and 
we were about to start again, when along came a red and run 
up this same tree. And here is where we made one of the 
mistakes of our sporting life; we knew better, and how we 
came to be so idiotic as to shoot this pirate just as he was 
about to enter the home of the dark fellow is a mystery to 
us. We knew just as our finger touched the trigger that we 
had made a serious mi.'^take. He would in all probability 
have routed out the big one, and we might have bagged 
both. We much dislike the red squirrel, the chickaree, the 
Ishmael of the woods, the buccaneer of the forests. He lays 
up nothing, but robs the larder of his larger and more valu- 
able brothers, by whom he is much feared. And again, he 
robs them of their squirrelhood. Of the twelve squirrels we 
shot, four of them had been mutilated by the reds. Why 
they do it we could never really ascertain. 
"W'ell, we had a good time and a very pleasant visit, and 
were just as well satisfied that our thirty odd pounds of game 
was no larger. It weighed fifty pounds before we could 
commence distribution. We had enough for friends and 
ourselves. 
H ve now a word to some of your readers. We do not 
wish to mislead any one in going to Dutchess county with 
the hope of big or even moderate sport. The game is not 
plenty and is scattered in d iff erent portions of the county. It 
is hard shooting, especially the grouse, and the game is not 
easily found except by a native of the place, like the Fitz- 
Patrick boys. They are good fellows, true as the steel of 
your gun barrels, fair shots, know every patch of game spots 
in_ the country around, and if you secure the services of 
Mike and his .setter Cute, he will show you birds, some, at 
least, and you may kill them if you can. Jacobstaff. 
NOTES FROM NEW BRUNSWICK. 
Freoericton, N. B., Nov. 5.— To go into the woods 
with Henry Braithwaite for your guide is about the surest 
way to inaugurate a slaughter house that I know of. By this 
I do not mean the reckless killing of game; on the contrary, 
Henry never kills any animal needlessly nor allows it to be 
so killed by others if he can help it. But it is a notable 
fact, which perhaps cannot easily be duplicated elsewhere, 
that during all the years that Henry has been acting as guide 
in this Province, there is no instance of any partv that went 
with him failing to bring out their moose. It is not surpris- 
ing that scores of people are falling over each other every 
year to secure his services. On Tuesday last his second 
party for this season, ^ironson Rumsey and George Blenstein, 
of Buffalo, reached Fredericton after an absence of a Uttle 
over three weeks. They secured one moose, two caribou and 
a bear, all of them fine specimens. Henry's next engagement 
is with Fred. Irland. of Detroit, and his closing trip for the 
season will be with Dr. Heber Bishop, of Boston. 
One of the best sets of antlers secured in New Brunswick 
this fall is that owned by Mr. W. 0. Usher, of Newbury- 
port, Mass. The moose was killed by Mr. Usher on the 
Tobique. The horns measure 58m. across, the blades aver- 
aging 16in, in width. 
One of the most genial and popular of Maine sportsmen of 
the younger generation, Mr. Charles Phair, of Presque Isle, 
is this fall trying his fortune in New Brunswick. He is 
hunting in the Little River district with W. H. Allen, and 
has already secured one fair specimen of a moose. Mr. Phair 
is waiting for the snow to fall, when he hopes to experiment 
with his .30-30 on the caribou. 
Mr. Harry Kendall, clerk for William Richards, of Boies- 
town, tracked a large moose last week near Burnt Land 
Brook, and after a lively fusilade from his repeater suc- 
ceeded in brmgiog down the game. 
Comedy and tragedy are closely mingled in the chase. A 
party of moose hunters were camped last week near Wil- 
limsburg. They occupied a tent, while the horse belonging 
to the teamster was stalled in an adjacent hovel. During 
the night they heard an animal pounding around the tent 
which they took to be a bull moose. After a very exciting 
engagement they succeeded in bringing down the animal. 
It was the horse. A gentleman hunting on the Tobique 
came suddenly upon what he supposed was a bear. Not re- 
quiring any bears in his line of business, he dropped his gun 
and ran. When he returned with his guide to the spot next 
morning he found that the animal was a porcupine, which 
was industriously engaged in eating the stock off his gim. 
Caribou are reported very plentiful near Boisetown and 
Doaktown. A tew days ago the entire pepulation of Boies- 
town turned out to chase a herd of thirty caribou that ran 
through the village. Last week six caribou were killed 
near Doaktown by Frank and George Bartlett. 
FliANK H. RlSTEEN. 
Death of Dr. Charles M. Sharp. 
Ithaca, N. Y.— In the death of Dr. Charles M. Sharp, of 
this city; which occurred Nov. 1, the great brotherhood of 
anglers loses a most faithful and devoted member. Although 
a comparatively young man— being only forty-two— Dr. 
Sharp was old in angling experience, and he was never so 
happy as when tempting the wily bass from its lake-washed 
retreat or whipping a purhag stream for his favorite fish, the 
brook trout. Dr. Sharp was a happy and studious reader of 
Forest and Stream, a gentleman sportsman always, and 
to a charming personality were united those estimable quali- 
ties of mind and heart which so conspicuously distineuish 
the thoroughly manly man— the genial, gentle practiiloncr 
of a gentle art. nmrj. 
