Aug. 6, 1898.] 
FOREST AND STREAM. 
Ill 
coneys clo in which he has no property and which the 
other may lawfully kill." 
In 7 Coke, 15, it was said: "All white swans not 
marked which have gained their natural liberty and are 
swimming in an open common river might be seized 
to the. King's use by his prerogative, as the swan is a 
royal fowl; and all those the property whereof is not 
known do belong to the King by his prerogative; and 
so whales and sturgeons are royal fish and belong to 
the King by his prerogative." 
The Duke of Rutland had pheasants, and a neighbor 
used to spread food on his grounds to draw them to his 
property. The Duke fired guns and fireworks over his 
neighbor's property to scare the birds back, and the 
neighbor sued the Duke. Lord Bramwell, in his deci- 
sion, held that the Duke was in the wrong, and said that 
if he wanted to keep the birds on his property he should 
have offered greater inducements in the way of food 
than his neighbor. 
The American case of Newkirk vs. Buster in this 
State was also quoted. It was an action brought to re- 
cover the. value of a deer skin. Newkirk wounded a deer 
about six miles from the house of Buster in the Adiron- 
dacks, and followed the track of blood until nightfall. 
The next morning he came up to Buster's house, where 
the deer had been killed the night before. He demanded 
the deer, but got only a verdict for 75 cents for the hide, 
hut it was reversed on appeal, the court holding that 
Newkirk did not have the animal under his control by 
the wound given. 
In the sea lion case, the plaintiff's lawyers, Kisch & 
Roberts, urged that the sea lion had not returned to 
its habitat, and they made the same quotations from 
Blackstone to show that an animal could not regain its 
freedom until it had got back to its natural conditions. 
As sea lions cannot live in the Atlantic, it was urged that 
Capt. Mullett owned the animal just the same as if it 
had been caught astray in the woods. It was stated 
that if a Hon should escape from a circus and was caught 
wandering about the streets of this city, the owner would 
have the right to recover him, because the Hon had not 
got back to its natural conditions. 
The judges, who seemed greatfy amused over the 
argument, reserved decision. — New York Sun. 
Luck, 
Editor Forest and Stream: 
It seems to be generally conceded that there is quite 
an element of luck or chance in angling, but probably 
this is because we do not possess as thorough an under- 
standing of the subject as wc might. Much depends upon 
the construction which we put on the words. Webster 
defines luck as "That which happens to a person: an 
event, good or ill, affecting a man's interest or happiness; 
a course or series of such events regarded as occurring 
by chance." Chance is said to be "The absence of any 
defined or recognized cause." In common parlance 
among fishermen the two words are often used to con- 
vey the same idea — that is, an occurrence which they be- 
lieve to have been completely out of the pale of law is 
ascribed to luck or chance. It frequently transpires, 
however, that events which appear casual at the time, or 
the work of chance, because unforeseen or inexplicable, 
a. 1 -e sooner or later found to have been due to a well- 
defined cause. Hence it will be both safe and wise when 
a thing is beyond our comprehension to avoid haste in 
declaring that there was an absence of cause. Emerson 
tells us: "All successful men have agreed in being 
causationists, they believed that things were not by luck, 
but by law — that there was not a weak or cracked link 
in the chain that joins the first and last of things — the 
cause and effect." 
It would be a difficult task, though, to convince 
some men who have had experience in angling for trout 
in the Adirondacks that luck has nothing to do with 
success. In fact, it is a very ordinary thing in that 
region to hear the words luck and success used inter- 
changeably. When one fisherman encounters another 
on lake or stream, it is customary even among strangers 
to exchange salutations, be they ever so brief, and what 
is more natural than that they should display an interest 
in each other's catch of trout. A stereotyped expression 
on such an occasion is: "Well, what luck?" and the 
angler is likely to be greeted in the same manner a dozen 
times while returning to his hotel at the close of a day's 
sport. 
But there is also a marked tendency among people 
in the great wilderness to use the word luck to indicate 
a mysterious something with which it is believed law 
has nothing to do. Were it not for his belief in luck or 
chance, the expert fisherman would be puzzled to ac- 
count for the remarkable success which novices in the art 
of angling not infrequently meet with. It would be 
humiliating indeed to the man who has, for a score of 
years or perhaps nearly half a centnry, visited the woods 
annually in quest of trout, to be obliged to admit that 
certain happenings "were not by luck, but by law." 
He has angled early and late, in all sorts of weather, with 
all kinds of tackle, at different seasons, in various 
parts of the wilderness, and possibly has never caught a 
speckled trout weighing over albs. Imagine his mortifi- 
cation, therefore, but for this convenient word "luck," 
when his daughter, whom he persuaded to accompany 
him and for the first time try her hand at fishing, 
promptly- hooks a superb 4-pounder, which is safely 
landed! Are the veteran angler's years of experience to 
count for naught, or are his knowledge of the haunts 
and habits of the trout and his skill in enticing, hooking 
and landing them of no value, that in accordance with 
some law a girl should so speedily accomplish what he 
has been unable to? No, he cannot be a causation ist 
after an occurrence of this kind — "it was simply a piece 
of unadulterated good luck." Of course he is proud that 
his daughter made the capture, but he would feel happier 
over it if the fish weighed an ounce or two less, instead 
of a whole pound more than the largest he ever brought 
to creel. And he may be a generous, kind and loving 
parent, too, in spite of this somewhat envious feeling for 
which he. believes chance alone is responsible. 
It frequently happens that a person who is just learn- 
ing to play cards wins the' first game or two, and fortune 
occasionally favors the amateur angler in an equally sur- 
prising manner. If causationists are disposed to argue 
that the angler's daughter referred to inherited some- 
thing of her fathers skill, and that in consequence her 
capture of the big trout was traceable to law, other in- 
stances can be cited where equally inexperienced per- 
sons, whose ancestors were not fishermen, have met 
with astonishing success. For example, some young 
fellow, who has never before fished for trout, has been 
known to sally forth on a lake or stream equipped with 
tackle wholly unauthorized by precedent, and while 
angling in an apparently unlikely spot haul in the big- 
gest fish taken in that water during the season. It is a 
matter of record that just such unexpected things as this 
come to pass in the Adirondacks as well as elsewhere, 
and how can they be accounted for in any other manner 
than by attributing them to luck? Certainly there is no 
way that is more satisfactory and popular with the 
masses. Where or what is the law that would compel or 
induce the monarch of speckled beauties to take the 
hook of the unsophisticated maiden or that of the other 
tyro in preference to the carefully arranged and skill- 
fully handled lure of the adept? "Law indeed!" indig- 
nantly exclaims the veteran fisherman, 'Tt's no such 
thing! It's luck, pure luck, and that is all there is of it!" 
It is noticeable also, even among anglers whose dexter- 
ity is acknowledged to be nearly equal, that there will be 
one man who, for some reason, or rather without ap- 
parent reason, will invariably catch more trout or bigger 
ones than any of his companions do. The fortunatcone 
may believe his success is due entirely to his superior 
skill, but the others will surely think it is only luck, even 
though they are considerate enough to keep their opinion 
to themselves. "Pitch a lucky man into the Nile," says 
the Arabian proverb, "and he will come up with a fish 
in his mouth," and the truth of this seems to be illus- 
trated by the good fortune which some Adirondack 
anglers have and which cannot be wholly accounted for 
on the score of extraordinary proficiency. Per contra, there 
are fishermen of considerable dexterity who, for some in- 
explicable cause, if cause there be, "play in hard luck," 
to express it tersely. Perhaps they may be as successful 
in enticing the trout as their fellow anglers are, but just 
at the critical moment something goes wrong, the rod 
snaps, the line parts, the hook breaks or tears out, the 
quarry finds refuge under a log or tree top, a slippery 
rock causes an involuntary plunge into the water, or 
some other unforeseen event occurs which gives free- 
•dom to the biggest fish of all. Where is the angler who 
will unhesitatingly admit that there was carelessness or 
contributory negligence on his part on such occasions? 
If one be found he can safely be put down as a thorough- 
ly conscientious man, for to most persons the tempta- 
tion to attribute the loss of a large fish to hard luck is 
very greaf. Sometimes people who are ordinarily scru- 
pulously truthful will be able to persuade themselves and 
others, even though they may feel they have been a little 
incautious in handling a fish, that its ultimate escape was 
not so much due to this fact as it was to ill chance. 
In view of the widespread belief in luck, which is mani- 
fest among those who angle in the Adirondacks, it ap- 
peals singular that there should be so little actual super- 
stition in connection with fish and fishing. Of course 
nearly everyone who catches trout has more or less faith 
in signs, but they are usually such as are born of obser- 
vation, and for which reason stands sponsor. The guides 
and other woodsmen have sayings in regard to fishing, in 
some of which they impose a great deal of confidence, 
but in nearly all cases they are based upon knowledge 
gained from long experience. 
For instance, in some parts of the wilderness they say 
that "the trout won't bite when the water is in bloom," 
and in other localities that "there is no use in fishing 
when the mustard is on the water," expressions which 
have the same meaning. In early summer there is a 
period of several clays' duration when the water in the 
lakes and streams is literally filled with the pollen from 
the pines, or other evergreen trees, and it is to this 
condition that the sayings relate. So great is the quan- 
tity of pollen that finds its way into many of the lakes 
that for some time after it has ceased to fall and the 
water has cleared, Long ridges of the yellow dust, often 
2 or 3in. in depth, will be seen along the shores, where 
it has been washed up by the waves. It is a fact well 
known to everyone who has essayed to catch trout when 
the water is filled with pollen that the results obtained 
at such times are apt to be disappointing, although there 
may be occasional exceptions to the rule. For some 
reason, which no one seems to very clearly understand, 
the trout usually prove reluctant to take the fly or 
bait, and hence the local aphorisms referred to. 
The saying that "it is unlucky to fish up stream" may 
not influence anglers to any great extent, but the fact 
remains that nearly all who have had experience in- 
variablv prefer fishing down stream. It is quite a com- 
mon occurrence for a man to walk up a creek for 
miles, passing en route deep pools where trout are sure 
to be lurking, without so much as putting his rod to- 
gether_ until he reaches the point where ~ he proposes 
to begin to fish toward home. In nine cases out of ten 
there is not a trace of superstition associated with the 
action, for it is not the saying itself that governs his 
movements, but the fact that practical experience has 
taught him the advisability of adopting this course. 
There are more reasons than one why it is better to fish 
down stream. In the first place, it is much easier; for if 
the creek is wide enough to make wading necessary, the 
advantage of going with the current will at once be ap- 
parent, and if it is one of the many boisterous mountain 
brooks which trout so delight in, the angler will be 
obliged to step or jump from rock to rock in following 
it. and he will find that he can descend far more readily 
than he can climb. Again, in going down stream one 
is enabled to command a better view of the pools and 
still waters, and is therefore in a more favorable position 
to determine where to make his casts. His advantage on 
the nfts is still more evident, for oftentimes his lure will 
be carried by the current to the precise spot which he 
desires to reach. The favorite hiding places for trout are 
under sunken logs and big boulders, and it will be noticed 
that in the majority of cases there is an opening on the 
upper side. The speckled beauties like to He with their 
noses up stream, and the desirability of having the bait 
or fly approach from this direction is obvious. When 
all these facts are taken into consideration, it is not to 
be wondered at that some one who had tried it declared 
it was unlucky to fish up stream, that others who sub- 
sequently made the experiment corroborated the state- 
ment, and that finally it came to be accepted as a. 
maxim. 
In some portions of the woods where the principal 
fishing is in a river or large creek, which the angler has 
to wade to get the best results, there is a familiar saying 
to the effect that "You will have no luck with trout tin 
til you get wet." That there is reason in this aphorism 
is very plain, and it is often used by the guides as a civil 
means of informing novices that they cannot expect to 
catch many fish while walking along the bank of the 
stream. 
There arc fishermen who believe that in some unac- 
countable manner the moon exerts an influence on the 
trout, and that they will bite the best when it is in the 
first quarter. It is also thought that the poorest time 
to fish is during the two or three days just before the 
new moon. It is doubtful, however, if the most firm ad- 
herents to this theory would attempt to explain why fair 
Luna should thus affect the appetites of the speckled 
beauties, although they claim to have learned from ob- 
servation that there is something in it — and perhaps 
there is, Who knows? 
On some of the larger lakes in the Adirondacks an- 
glers will note the direction of the wind during a gale, and 
after it has been blowing hard for a few hours will fish 
for speckled trout near the shore opposite that from 
which the wind comes. Good success has frequently been 
known to attend such action, but whether or not Hie 
direction of the wind had anything to do with it is an- 
other question. Some fishermen maintain that the trout 
during a heavy gale drift, perhaps unconsciously, toward 
the further shore, with the constant trend of the waves, 
while others think the fish go there in quest of insect 
food, which they know will be. more plentiful in that part 
of the lake where it is naturally carried under the com 
bined influence of wind and water. When we consider 
the known facts in this connection there appears to be 
some foundation for the saying that "The wind blows 
the trout toward shore." 
In some localities in the wilderness fishermen pay con- 
siderable attention to the direction of the wind in the 
morning, and frequently allow it to decide whether they 
shall go after trout then or wait until it shifts. But they 
are just as likely to want the wind in the southeast or 
northwest when they angle as they are to have it in 
accord with the points declared favorable in the poem. 
As a matter of fact, no rule or set of rules in regard to 
the most auspicious winds for fishing can be formulated 
that will be universally applicable in the Adirondack 
region. Owing to the mountains, valleys and forests, the 
currents of air are almost constantly changing, and on 
a day when, in a given lake, the trout are'biting freelv 
with the wind blowing from the northwest, they may be 
exhibiting the same activity in another lake, onlv a" few 
miles distant, where the wind is in the southeast. It is 
true, nevertheless, that in many waters the direction of 
the wind appears to have an important bearing on the 
fishing, but local rules will be found of more value than 
those set forth in verse. 
There are also various truisms relating to the early 
portion of the trout fishing season. Many anglers assert 
that in the Adirondack lakes "the best time to catch trout 
is just as soon as the ice goes out," and that in the 
streams the most satisfactory results will be obtained im- 
mediately after they become free from "snow water " 
There is a familiar saw to the effect that trout will bite 
the best when the butternut leaves or those of the 
alder are "as large as a mouse's ear," and another, ap- 
plying more especially to streams, that "the time to go 
after trout is when the lilacs are in bloom." 
The most successful anglers in the wilderness are close 
observers and quick to take advantage of what they 
read on the open pages which nature spreads out before 
them. It is said that in Sweden fishermen who see the 
print of a flat foot in the sand consider it unlucky, but in 
the Adirondacks no such superstitious thought would be 
suggested, although the footprint would be duly noted i f 
it happened to be near a trout stream in ' which he 111 
tended to fish, the angler who saw it would observe in 
which direction the person who made it was going, and 
whether the track was fresh or not. He would readily 
determine whether it was made by a man, woman or 
child, and very soon discover if more than one person 
had been over the ground. These points would have- 
more significance for him than the fact of the print being 
made by a flat foot. If the recently-made tracks of one 
or more men were discernible, indicating that they had 
preceded him up or down the stream, it might cause him 
to change his plans for the day and go elsewhere, or he 
might make a detour for the purpose of striking in 
ahead of the others. 
Nearly all of the signs and\ sayings that have been al- 
luded to thus far are of some value, and deserving of 
the attention of anglers who are ambitious to capture the 
speckled beauties, but there are a few so-called si°ns 
which savor strongly of superstition. One of the most 
common instances of this nature in some sections is that 
, If y° u s P lfc on the bait before casting it in the water 
lt will bring good luck." Of course none but the most 
credulous will believe that the saliva has any efficacy to 
tempt the trout, and even though it had, it must of 
necessity be washed from the bait the instant it strikes 
the water. Notwithstanding this fact, it is not unusual to 
see the experiment tried. 
Occasionally an angler is found who has peculiar ideas 
about particular articles of clothing or fishing tackle 
thinking that with them he has better luck than he other- 
wise would have. By way of illustration, he may, on two 
or three occasions, while carrying a certain fish basket 
make excellent catches of trout, and the next time he 
goes out he may have another creel and meet with poor 
success. In some cases experiences of this kind will 
cause the angler to show a marked preference for the 
basket which he thinks brings him good luck. Some 
fishermen can not see a crow fly across the road or stream 
in front of them without thinking it unlucky. 
A party of fishermen from Herkimer county, who 
visited Honnedaga Lake, in the Adirondacks, several 
years ago, had a curious way of attempting to charm or 
attract the trout. When they had selected a spot where 
