Dec. 3, 1898.] 
FOREST AND STREAM. 
449 
CHICAGO AND THE WEST. 
Nov. 14. — Under date of Nov. 7 Mr. Wm. Wells writes 
me from the far-away Wind River country, of Wyoming, 
about game and Indians, of both of which I understand 
they have plenty in his neck of woods, and indeed too 
much of the latter commodity. Mr. Wells' Gros Ventre 
Lodge, in Uinta county, is one of the places I didn't 
get to visit this year, but have on my slate for some 
other year after I have become so wealthy I don't have 
to work or do anything but just run bear and things. Re- 
garding the game, Mr. Wells has some good big news, 
especially about bear. I hope they haven't killed my 
long lost grizzly. He says: 
"My hunting parties are all gone, and we are having 
any amount of sport by ourselves. Nice weather and just 
! enough snow for tracking. We killed a lion just back 
of the lodge last Friday, and will keep the dogs pretty 
busy from now on. 
"The bag for our hunting parties this fall has been 
ten bears, five lions, two lynx, seven sheep, twenty-seven 
elk, eleven deer, and about thirty antelope, divided up 
among a dozen sportsmen. The snow came late, and 
kept down the catch of lions and lynx. 
"We are going to Jackson's Hole about Dec. 15 for a 
gix weeks' hunt after lions, which ate killing lots of elk 
over there. 
"We are having lots of trouble with the Indians killing 
game. They are coming in in strong parties, and say 
that they will fight. Eighteen of us were out on a 
, scout the other day, and found a camp where a splendid 
trap had been laid for us, if we had come along while 
the Indians were there. There were three tepees out in 
' a park and nine more hidden back in the timber, where 
they could command the park. That meant about thirty 
bucks, and they would have mopped the ground with us 
beautifully. There were about six wagon loads of elk 
hair at the camp. I should say that showed several 
hundred hides grained. 
"This thing of having a lot of redskins thinking that 
they can kill our game and defy us is getting tiresome. 
"There are only about seventy-five of them making 
trouble. Wm. Wells." 
About the Deer Supply. 
In regard to the actual status of deer demand and deer 
supply, obviously that estimate should be most accurate 
which comes from points near to the grounds where the 
deer are found, and therefore I take pleasure in offering 
the opinion of the Superior, Wis,, Telegram regarding the 
relative supply of venison and venison seekers this year 
and last: 
"The deer season is now fully opened, and the woods 
of Wisconsin and Minnesota are full of hunters. Al- 
though hunting is so largely done this fall, the number 
of deer coming into the city is small compared with the 
number which came in last fall. In fact the number is 
just about half of that for last year at this time, although 
the meat shops about the city are getting all that they 
need, and are well stocked with good deer meat. The 
condition of the meat is very fine this season. One 
prominent meat man in the city says that deer are be- 
' coming very scarce in the woods in this part of the 
country, and this, of course, has an upward tendency 
on prices for deer meat. It is generally believed that 
one thing, that has considerable bearing on the grow- 
ing scarcity of deer, is that every year for the past five 
or six years there have been too many amateur and 
Would-be hunters thronging the sections where deer are 
found to be the most plentiful, and that the deer are 
chased in all parts in season and out of season, thus 
having no chance to multiply. In Duluth deer are 
coming in in much larger numbers than on this side, and 
while the number is considerable that comes from Wis- 
consin forests, the deer sections of Minnesota are furnish- 
ing by far the larger number of deer. Venison is selling 
higher this fall than last season, and meat men are get- 
ling good prices. 
"It is toward the end of the season that the number of 
deer on the market is the largest, in many cases the 
game being held off until the end of the deer hunting 
season. But it is a noticeable fact that this species of 
game is becoming very scarce, and each year the num- 
ber of hunters going out is larger than during the pre- 
ceding fall." 
A Trunk Mystery. 
A party of Indiana licenseless deer hunters, who 
operated in Wisconsin and ..iinnesota, concluded last 
week to ship out some of the fruits of their labor. They 
packed up 40olbs. of venison and thirteen deer hides in 
three trunks, and checked the lot on out of the State. 
Warden Stone, of the Barron district, wired on ahead to 
the husky warden, A. J. Klofauda, at Eau Claire, and 
the latter visited the depot of the Omaha road with an 
eagle eye and a sledge hammer. He broke open the 
trunks and confiscated the game, which was sold at 
auction. The owners of the trunks did not materialize 
and remain a mystery. They can have three damaged 
trunks and a few fines by calling on Klofauda, warden. 
The venison was not tagged. 
Quail. 
The quail season fulfills prophecies, and is really a 
great one in the average Western district. Lower In- 
diana is full of quail, and lower Illinois also shows 
plenty of birds. Knox county, Sullivan county and 
others of that region are tipped to me- by a friend as be- 
ing good enough for the most fastidious. Upper In- 
diana and lower Michigan are also good. Ohio has an 
average crop, much shot as that State is, and lower 
Minnesota, pretty much all Iowa. Nebraska and Kan- 
sas show that this truly lovable game bird is not passing 
away, but actually increasing. 
Mongolian Pheasants, 
Mr. Howard Bosworth, of Milwaukee, Wis., in course 
of a visit at Chicago this week told me that his stock 
of Mongolians never promised better. He has over 
1,000 now 011 hand in good health, and has put down 
many pairs at different parts of Wisconsin, notably 
Wauzeka, where there is a supplementary pheasant 
lain. rat< rv. Of the birds liberated near his summer 
place, at Pine Lake, Mr. Bosworth hears often, and now 
and then they come into farm yards near by. One cock 
for a time lived with the domestic fowls of a farmer andbe- 
came quite tame. One day a little girl of the family started 
off to get some milk, carrying a bright, new tin pail. 
This bird followed her for a long time along the path, 
jumping up and fighting the tin pail, which he seemed to 
look upon as something of a gorgeous rival. These 
pheasants are a game bird without question, and it is to 
be hoped that they will finally fill our pine woods and 
hardwood forests. They should do well in central and 
lower Wisconsin. Mr. Bosworth I have always re- 
garded rather as a pioneer in this acclimatization work in 
Wisconsin, and he has spent a great deal of money in get- 
ting his present practical knowledge of the bird. 
The Law of Trespass and Shooting Preserves. 
An interesting decision comes to hand this week which 
bears on the law of trespass as regards the property of 
shooting clubs. Mr. E. W. Bangs, president of the 
Swan Lake Club, of Chicago, sends this to me, with the 
remark that it is apt to prove of interest to members of 
shooting clubs all over the country, as well as to "parties 
who consider private grounds public property." The 
copy of the decision is given below: 
In a trespass case recently tried before a jury in Hen- 
nepin county, Illinois, in which the Swan Lake Club was 
plaintiff, the following instructions were given by Judge 
Shaw, one of the foremost Circuit Court judges of the 
State, resulting in a verdict in favor of the Swan Lake 
Club. 
Instructions of the Court. 
1. The court instructs as a matter of law, that posses- 
sion is sufficient in the law to sustain a suit for trespass, 
and the plaintiff is not bound to prove ownership or 
title; possession is sufficient in the law. 
2. The court instructs the jury, that if they find from 
the evidence that at the time of the alleged trespass the 
plaintiff was in the possession of the premises on which 
it is alleged the trespass was committed, using it for 
such purpose as it was adapted for, then the plaintiff 
is entitled to recover of the defendant for any trespass 
shown by the evidence to have been committed to said 
possession, and this is the law, whether the premises were 
fenced or unfenced. 
3. If the jury believe from the evidence that the de- 
fendant went upon lands then and there in the posses- 
sion of the plaintiff, and then and there remained, hunting 
and shooting, after having been warned to leave by an 
employee of the plaintiff, then, in such case, the de- 
fendant is guilty of a trespass, and this is the law, re- 
gardless of the right of property in the game. 
4. If the jury find the defendant guilty under the evi- 
dence and these instructions, and shall further find from 
the evidence that the defendant committed the trespass 
wantonly and wilfully, and in defiance of the rights of .the 
plaintiff; then in such case the jury may find in addition 
to the nominal damages implied in the law, or to the 
damages proved (if any such damages have been proved 
by the evidence), such further sum as punitive damages 
as the jury may find reasonable under the facts in evi- 
dence, not only to compensate the plaintiff for the in- 
jury inflicted, but to teach the defendant and all others 
not to repeat, or be guilty of like offenses. 
5. Though the jury may believe from the evidence 
that at the time of the alleged trespass the possession of 
the plaintiff (if such trespass was proved) was covered 
in part or in whole by water, yet, such covering of the 
land by water would give to the defendant no right to 
go on to the land so covered with water against the 
will of the one in possession thereof, or without his 
permission, nor to remain, nor to hunt thereon. 
6. If the jury believe from the evidence that the de- 
fendant went on to lands in the possession of the plain- 
tiff in a boat and stopped thereon, and shot a gun there- 
on, without the permission of the plaintiff, then in such 
case the jury should find the defendant guilty, and assess 
the plaintiff's damages. 
7. The fact that the premises in question were covered 
with water at the time and place of the alleged trespass, 
in the law, gave the defendant no right to be there, nor 
to hunt and shoot on or over the same, without the 
permission of the plaintiff. 
8. The jury are instructed that this is not a criminal 
prosecution under the game laws of the State of Illinois, 
but a civil suit, in which the plaintiff demands damages 
from the defendant for an alleged trespass, and before you 
can find the defendant guilty you must believe from the 
greater weight of the evidence that the defendant com- 
mitted the trespass, and that the plaintiff was damaged 
thereby. But, if the trespass is proven, the law implies 
at least nominal damages. 
9. A party suing for an injury or trespass can recover 
only such damages as naturally flow from or are the 
immediate result of the act complained of, and the 
jury should be governed solely by the evidence in- 
troduced before them, and they have no right to indulge 
in conjectures or speculations not supported by the evi- 
dence. This is the law, unless the evidence shows the 
trespass, if any proven, was wanton or wilful, in which 
case punitive damages may be allowed, as defined in 
these instructions. 
10. In this case the Swan Lake Club can recover no 
damages for the value of any wild ducks shot or killed 
bv the defendant on the premises of the Swan Lake 
Club. 
Closing of the Deer Season. 
The deer season in the Western States draws to it's 
close. It ended on the 15th in Minnesota, and on the 
20th in Wisconsin, in which State the five days of grace 
ended yesterday. Michigan allows the season to run to 
Nov. 30, so that there will be a chance to get a buck 
north of the line of Wisconsin — or south of it ; such being 
the virtue of different dates for adjoining States. 
In Wisconsin the hunting was fa.ir and the results 
various. More deer would have been killed had there 
been more snow, but as it was it would seem that the 
total number killed is less this year than last. This fact 
I take to be rather proof that the non-residents are be- 
coming afraid of the enforcement of the law on licenses, 
than that the deer are actually growing less abundant, 
though naturally the latter alternative may have much 
to do with the success of the average hunter. 
At Marquette, Mich., report comes that there were 
more deer hunters this fall than were ever known in all 
the history of that country. The results are not com- 
mensurate with the extent of the invasion. At Superior, 
Wis., in the same region, there were 370 licenses issued, 
"no non-resident licenses reported." Last year the total 
amounted to 488, showing a slight falling off. This is 
in Douglas county, and the report runs that deer were 
not killed in such numbers as has in the past usually been 
the case. 
At Bessemer, Michigan north peninsula, the situation 
was more encouraging. The clerk reports twice as many 
licenses issued this year as last, and most of the hunters 
have had luck. It is thought that over 300 deer were 
shipped out of that county, Gogebic county, in the first 
two weeks of the season. The Godding party of deer 
hunters, from Grand Rapids, Mich., last year killed 
thirty-seven deer at this place, which is thought to be a 
good deer country; better than it was four years ago. 
The deer seem to be moving up further north each 
year, as the farmers begin to get into the pine country. 
This settling up of the denuded pine lands by small 
farmers is one of the corollaries of the pine operations. 
In many parts of Michigan south peninsula the little 
ragged, hopeless farms have crowded far up into a 
region where once it was thought the wilderness would 
forever hold sway after the spiked heel of the lumberman 
had left it. Indeed, the quail are now coming into coun- 
try which was once deer range. This will be the history 
of Wisconsin from now on, and I presume that it means 
the eventual crowding out and killing out of the deer, 
which already show signs of that great and fatal cause 
of game diminution, failure to breed when too much dis- 
turbed, and harried by hunters or the advancing lines of 
civilization. 
From Merrill, Wis., up in the trout country, the re- 
port shows that the deer are by no means scarce in that 
neighborhood. The clerk had issued 335 licenses at last 
account, as against 427 issued last year. It is said that 
more deer have been shipped from this point this fall 
than at any previous season; about forty carcasses going 
out the first week. It is thought that at least 125 deer 
will be shipped from that point during the season. No 
arrests are reported, though hounding is considered ex- 
tremely probable, in many cases not proven. Four 
hunters killed eight good, big deer in a week's hunt near 
that section, and pretty well on to half the number of 
hunters going in are estimated to be successful. 
At Rhinelander, Wis., about 200 licenses were taken 
out, and conditions were favorable for deer hunting, 
though there was no tracking snow. "No violations of 
the law reported." 
At Eagle River, Wis., about fifteen to twenty deer 
daily are reported as "shipped to Chicago." I have no 
doubt that this is literally true in all particulars. 
At Heafford Junction, Wis., there were 180 carcasses 
of deer lying on the station platform tagged for ship- 
ment; this at one time on the same day. 
At Ashland, Wis., in the upper part of the deer country, 
reports say that the lack of snow made the results less 
than might otherwise have been. In the first twenty 
days of the season one express company handled 200 
carcasses, and it is thought that at least 500 carcasses 
will be shipped from or through Ashland during the 
season. 
At Flint, Michigan south peninsula, there were 101 
licenses issued at last account. At Saginaw, Mich., a 
great many hunters took out licenses, and when I passed 
through there this week I heard of many hunters who 
had gone out after a little deer hunt. Some of these 
had sent home venison. Among others who went in 
near Baldwin were Wm. Held, well known in deer hunt- 
ing ranks of Saginaw, and Mr. Held was reported to 
have been very lucky. He varies his deer hunting with a 
little grouse shooting, and will be in camp some time. 
At Standish, Mich., thirty-eight licenses were taken 
out, "all by residents." It would be very interesting to 
have a notion about the numbers of resident and non- 
resident licenses issued in the States of Michigan and 
Wisconsin. Without any earthly question there are hun- 
dreds of non-residents who evade the law in each of these 
States. Indeed, they sometimes boast of their shrewd- 
ness in doing this unlawful act. Two such boasters are 
C. K. Woolman and Henry Johnson, of South Bend, 
Ind., who shot in Michigan under resident licenses. 
These were both apprehended, and the former, who is 
over sixty years of age, and who has shot in Michigan 
for many years, took a nice long ride to jail because of 
his offense. Attorney General Maynard is taking charge 
of these cases. Johnson will fight the law on the ground 
that it is "unconstitutional." Of course it is. Yet an- 
other case of this kind is that of W. O. Jackson, of the 
same Indiana town. State Deputy Brewster is getting 
after a few of these folk, and establishing some very good 
precedents for other deputies in other States. 
Chippewa county, Wis., appears to be about the center 
of the deer industry this fall, and I take it that its license 
record is the largest in Wisconsin this year. At last ac- 
count there had been issued 1,534 licenses in Chippewa 
county. Eau Claire county issued 257, this not being a 
deer hunting county, but near to the better ranges. 
Barron county shows 600 licenses issued. It is thought 
that 250 or 300 of Eau Claire county product of hunters 
shot within Chippewa county limits, as well as 300 of the 
Barron county shooters; 300 more from Buffalo, Dunn, 
Jackson, Juneau and other counties south of Chippewa; 
about 200 non-residents who took out licenses at Madi- 
son, the State capital, as well as about 100 lawless and 
licenseless hunters, and who all did their hunting within 
Chippewa county, Wis. This would mean, according 
to the best obtainable advices, that about 2,600 men 
shot in that one county of Wisconsin. It is said to have 
meant a reign of terror. Some men who were obliged 
to go into the woods made a practice of wearing bright 
clothing — not always an effective device, as some hunt- 
ers seem to think a deer is a bright crimson in color. 
Others took up the habit of vocal melody while passing- 
through the forests, a well-shouted hymn being regarded 
better protection than a red shirt. In five years in Chip- 
pewa county there have been three men killed by careless 
shooting at the hands of others, six men seriously shot 
