463 
FOREST AND STREAM. 
[Dec. 9, 1899. 
I 
'''Way Down in Ole Varginny/' 
'Way down in "ole Varginny" I have had some ex- 
periences lately which perhaps may be found entertaining 
by such of your readers as arc interested in that par- 
ticular region. 
My friends H. and B. had bc-en there for nearly two 
weeks, and one fine morning (which seemed to lure 
one to the woods) I suddenly determined to join them. 
After a delightful sail by the Old Dominion Steamship 
Co., and an instructive if somewhat tedious railroad 
journey, I reached my destination as the sun was going 
down. 
H. and B. were afield, so I lit hiy pipe and strolled into 
the woods back of the hotel. Here all was peace, but 
presently the stillness was broken by vocal strains which, 
a all untrained, were some of the sweetest I think I ever 
heard. My curiosity was excited, and taking my way 
in the direction whence the singing proceeded I came 
. ' upon a darky woman washing in a stream. When she 
becarne aware of my presence she stopped her vocal 
exercises, and upon my complimenting her showed all 
her teeth in a grin which was half satisfaction and half 
embarrassment. Returning to the hotel, I met H. and 
B., and we agreed to make an early start next morning, 
as it was to be their last and my only day. Being tired 
after my long journey, I i^equested one of the boys about 
the hotel to call me, fearing I might oversleep myself. 
» He promised faithfully to do so — ^but do you think he 
'kept his promise? Bless you, no! Nor did he exhibit 
'the least guiltiness on my next confronting him — merely 
. laughed, as if it were a good joke. However, despite 
'the remissness of Sephus (which was the young de- 
linquent's euphonious appellation), I was up betimes, 
as were H. and B. 
Swallowing a hasty breakfast of the staple ham and 
eggs, we started for the scefte of our hunting, which 
"Was ten or twelve miles away. The morning was quite 
foggy, and the sun had a long struggle before it effectu- 
ally cleared the air. Our progress through the woods 
Was fairly rapid, considering the nature of the roads, 
with which, as my friend H. expressed it, the rocky road 
to Dublin was not in it. Half a dozen times at least I 
thought the trap was going over, but somehow we 
managed to escape. By 10 o'clock we had reached our 
objective point, a farmhouse on the brow of a hill. The 
fog had completely disappeared, and the sun was shining 
brilliantly, bringing out all the glories of the autumn 
woods — and what glories these are in Virginia! 
When the horses were unhitched and all was ready, I 
lined up with H. and the guide, and B., producing his 
camera, took a snap shot of us. Then we set out in 
quest of the birds. We had gone only a few hundred 
yards, when a covey was flushed. Bang! went the guns, 
and down fell two birds to B., the others scoring o. The 
dogs worked about for a while, flushing another covey — 
or part of the first at least — which gave more opportunity 
for burning powder, with renewed additions to our bag. 
Everything promised beautifully, and we were in a high 
state of elation. Following up the birds which had 
escaped, we got into the woods;, but here, alas! our 
hopes were all on a sudden blighted, for an event befell 
which practically spoiled our sport for the day. 
H., seeing how his young dog was contracting the bad 
habits of the guide's brute, swore that he would not have 
his dog spoiled — no, not for a thousand birds or two thou- 
sand five hundred birds — and requested that the brute be 
chaineduporheld in l eash (as it appears he had been on pre- 
vious days), whereupon the guide got on his high horse, 
. refused to comply and left us. At first we did not quite 
realize our position, but gradually it dawned upon us. 
. There we were on the edge of a wilderness, or so at least 
\ us, and to attempt to "go it alone" was to insure our 
beifig lost. When we had realized this we moped about 
for a while (keeping the farmhouse well in view, you 
may be sure!), and then in sheer desperation began call- 
ing for the guide. How B.'s organ voice echoed through 
the stilly woods! But no answering voice was heard, 
nor did any guide appear. The crickets sang on, the 
crisp leaves glistened in the sunlight, and a solitary 
buzzard hovered in the sky. Discouraged and despond- 
ent, we returned to the wagon, and it being now 12 
o'clock ate our lunch in grim silence. The loss of the 
day's sport was bad enough, but what if the guide should 
not turn up even to take us home? While we were 
cogitating thus, lo! out of the woods walked the offended 
one, and leisurely stows his gun away in the wagon. 
B. asks him a few questions as to where he had been, 
and he answered somewhat distantly, "Down dar," point- 
. ing in a certain direction, and added nonchalantly that 
he had flushed six coveys of quail and a flock of wild 
turkeys! Imagine our feelings! Was it any wonder that 
H. forgot all his pride and went up to that guide and 
apologized to him. As I witnessed the scene my emotion 
was such that tears alrhost welled to my eyes. But will 
it be believed, at least outside the South? — the guide 
stood obdurate, absolutely refusing to go hunting with 
us again. Yea, though B. and myself added our solici- 
tations to H.'s. Talk of the lattcr's pride in comparison 
with this! But what was to be done? That was the ques- 
tion. H. had a happy thought. "Suppose," said he, "we 
inquire at the farmhouse; perhaps they have a boy or 
some one they could let go with us. No sooner said 
than done, wjth the result that a darky boy was procured 
who averred that he knew every inch of the woods. 
Much satisfaction on our part, and pasting sidelong 
glances of triumph and scorn at the gtiide, who sat 
nursings his pride at the root of a tree, we shouldered 
our guns and tnarched off. 1 • . ■; '. 
Biit here,' methinks, I had better, bring my narrative 
to a close, for sport again, in the proper sense of the 
term, we had not. A few coveys were, casually flushed 
and a few birds knocked down, but that was all. Our 
little nigger guide did his best, certainlj' — his smiling 
best-^but that consisted merely in keeping us frorn get- 
ting lost. As for finding birds, he. could as soon have 
found the North Pole, poor dusky little chap. How- 
^ever, we bajl some interesting experiences in the woods— 
those; rare old Southern \^>'oods, which afford a naturalist 
a s'olendid opportunity of gratifying his curiosity. As 
night began to gather, we.mad^ our way back to the 
starting point, and found the "enemy" with the horses 
hitched, and very pensive and quiet, as if had been 
;tslcing CQUTi?^! witb hij»S«Jf aina "niQ^irijing hopes 
which left him" — in respect to a bonus, that is. Another 
drive over the eccentric road, with numerous hair- 
breadth escapes, and home was reached as the moon was 
rising solemnly over the pines. Needless to say there 
was no change of menu, but, pshaw! had the ham and 
eggs been nightingales' tongues they could not have been 
more enjoyed. Why don't dyspeptics go a-hunting? 
The next day we took our leave, and as the train drew 
out from the station what think you we saw? — a wild 
turkey flying through the woods! It was the only one 
we had laid eyes on, and it seemed as if it had now 
appeared on the scene to wave us an ironic farewell. To 
be sure, it made us feel pretty sick; but, never mind! 
We are going down there again next year, and then that 
titrkey had better look out. F. Moonan. 
Consul-General Turner's Moose, 
Jersey City, N. J., Nov. 22. — Editor Forest and Stream: 
There_ is a report of Consul-General Turner's moose, as 
given in a Connecticut paper, which has been sent to me : 
CONSUL TURNER A NIMROD. 
Kills a 1,800-pound' Moose— His Son Also Kills a Buck. 
Charles E. Turner of this city, now United States Consul- 
General at Ottawa, Can., has made a record for himself among 
Canadian hunters. Week before last he shot a moose said to be 
larger than any recently killed in Canada, and estimated by the 
truth-loving aborigines of the province to weigh 1,800 pounds. 
The story reaches Waterbury just in time to nip the budding 
pride of those local huntsmen who have carried their heads ex- 
cessively tilted back of late because the chase had brought them 
a pair of quail or a woodchuck. Clerk Linford F. Root, of the 
District Court, the other day received a letter from the Consul- 
General in which the writer gives a vivid description of the way 
he is clearing the woods around Ottawa of the big game. On 
one trip the Consul failed to score, but Dr. Kidd, another member 
of the party, shot a couple of fine bull moose, and missed another, 
and Mr. Daly^ of the party, shot a moose and a bear. Of the 
killing of the Dig moose the writer speaks as follows: 
"A week ago I went off again, and hunted just six days. I 
killed a buck and two moose, one of which measures 62% mches 
across the antlers and has a palm of 16^^ inches width. 
The Indians claimed that it would have weighed 1,800 pounds, and 
cyery one who has seen it says that so far there has been nothing 
killed in Canada which would compare with it. 
"I shot it with your rifie at a distance of from 400 yards to 500 
yards, and fired at it three times, one of the balls going right 
through his shoulder and heart and out through the other side. I 
suppose it is going yet. 
"I took Ned with me on this trip, and he killed a 250-pound 
buck. Not too bad for a twelve-year-old, eh?" 
Ned is the Consul's sou. 
Now I know Consul-General Turner. I stopped for 
three years in Waterbury on my way south to New York. 
When in business in Waterbury Mr. Turner was an ex- 
tensive advertiser, and in his windows were signs, "As 
advertised." At that time I presume everything was "all 
wool and a yard wide," but given a diplomat's opportunity 
to exploit the truth, he is working it to the full limit, or 
rather has induced the aborigines to. It is not the first 
time that the Indians around Ottawa have "taken up a 
white man's burden," and I believe that Mr. Turner in this 
instance induced them to carry it inside or out of sight, 
and he tells us that the Indians' said that the moose 
would have weighed i,8oo pounds. Through Forest and 
Stream let me ask Mr. Turner, when would it have 
weighed i,8oo pounds? When you had filled them fuller, 
or when it had lived a score of years more ? What was 
the weight when it was killed? When with your suave 
diplomatic tongue you took advantage of Poor Lo's vivid 
imagination, why didn't you make it a ton or let them 
make it so? The Irishman in the presence of his father 
confessor said: "I stole siventeen hoondred of hay. Yez 
may as well call it a ton; I om goin' afther the rist 
to-noight." 
Mr. Turner having gotten the Indians to fix the weight, 
you fixed the distance at between 400 and 500 yards — a 
quarter of a mile. Well, you are either smart or a de- 
scendant of Ananias, and a living proof of the theory of 
atavism. Mr. Turner, you say that one of the balls went 
through the shoulder and heart. Was the moose standing 
on his head with his back to you, or was the heart on 
the way to the mouth at fear of you a quarter of a mile 
away ? And you say the bullet came out on the other 
side. On the other side of what — the heart or the moose ? 
Did you have a range finder, and does the Government 
supply them? 
Now about the boy and the buck. It is reasonable 
enough, inasmuch as you have evidently taught his ideas 
to shoot as well as his gun. You have done well, Charlie 
Turner. Just fix up Canada so that we can annex it and 
come home; we wish to see you. 
W. W. Hastings. 
In British East Africa. 
Editor Forest and Stream: 
I was camped on the Athi River, and was up early in 
the morning, intending to look after some lions which 
were known to be located in a reed bed some distance 
up the river. 
Having arrived within half a mile of the spot, I saw 
a lion — at least he was pointed out to me by one of my 
men. He appeared very much smaller than what I ex- 
pected, and did not for a moment present the imposing 
appearance one naturally associates with the lion. 
He got view of me, and made off rapidly, stopping 
every now and again to see if he was being followed. 
On finding I was after him as fast as I could get along, 
he would again bound away, and this sort of thing 
kept on occurring until I lost him completely. He was 
evidently making for the reed, beds of a tributary about 
two miles distant. While making my way across to this 
stream, I saw a rhino quietly basking in the sun, and the 
temptation being great I resolved to stalk him. When 
within 100 yards or so T discovered there was another 
one quite close to the first, only lying down in the long 
grass. The country around was quite bare of trees or 
bush. Having made out the direction of the wind, T 
found it necessary to make a considerable detour so as 
to be able to work well up it toward the rhinos. I must 
now mention that the beasts were really down in a 
nullah, and bein^ considerably above them our scent 
jnust have been carried well over them. 
Having got the wind right, we commenced advancing 
on all fours, making straight for the big fellow stand- 
ing up. - 
Our advance, however, was not as silent as I shotjM 
have liked, as one of the gun bearers appeared a litt1 
concerned rega-ding his own safety, and was foolisi 
enough to express his feeling in a rather loud whispe.i 
The moment the sound reached the rhinos the one stand 
ing broadside on immediately wheeled around so as t( 
stand facing us, while the one lying down jumped u| 
with a loud grunt and stood side by side with her fellov\. 
thus pre?enting to our view two enormous heads facini 
straight toward us. Remaining perfectly still for a fev 
minutes, so as to give the two time to regain confident 
we slowly advanced, and on raising my head to get 1 
good view of them, I was pleased to find that they ha* 
taken up their original positions, viz., the big male (a 
I afterward discovered hiin to be) standing broadsid' 
on and the other one lying close to him and nearl- 
hidden by the long grass. Taking a final look at nr 
.577 to see all was right, I advanced as quickly as po;, 
sible toward the big fellow that was standing up ani 
arrived at a distance within, I should say, 35 yards. 
At this time I began to feel oppressed by a feeling n 
extreme tension. It was about i P. M., the sun straigli 
overhead, hardly a breath of air stirring. Add to thi 
the somewhat long stalk in the horizontal positio! 
plus the fears that our game might wind or hear us an. 
rush off at any moment, and I think the readers of thi, 
will understand the feeling above alluded to. 
I decided to try the brain shot on the one standing up 
so took a careful aim. Finding myself steady, I pushc,' 
forward the safety bolt, again took aim and fired. 
Immediately on being hit, the rhino turned routid one 
or twice in a kind of dazed manner. I instantly fired th 
left barrel at point just behind the shoulder, after whici. 
he trotted off in a rather unsteady manner, his fellov 
(a big male) rushing on in front. 1 
Putting in fresh cartridges, I ran after them, and wa- 
very pleased to see the rhino I had fired at come to 
standstill, and his legs suddenly appearing to grovi 
weak, he rolled on to his side and never showed anothe 
kick. The female, which was a little in advance, turner 
around, and finding her mate in a disabled (in fact dead 
condition seemed to give vent to all her rage and (my 
She turned- round and charged toward me at full speed 
Stepping a little to m}^ right, I fired at her left shoulder 
knocking her completely down. But only for an instani 
as she got up and again charged in the direction of on 
of my men. This time she presented the broadside, 
again fired, and she dropped for the second time. Pul 
ting in another cartridge, I ran up to her, when by a; 
effort she got on to her forelegs, and using her head ii 
a threatening manner tried to horn me. Taking a can 
ful aim, I put a bullet through her brain, and sb 
dropped. 
The whole of this exciting scene with the .second rhim ( 
had occurred quite close to the first one, which wai 
lying dead; in fact so close were the two together wheij 
dead, that on roughly measuring the distance betweeil 
the nearest point of one and that of the other I foun'.'J 
it to be about 5 feet. The rifle which I used was J 
hammerless double magnum .577 express. The charg^ 
is 6 drams of powder, the bullet weighing 650 grains o 
hardened metal. The bullets were solid, not hollow 
pointed. E. Wynstone- Waters. ' 
The Maryland Sale Test Case. 
President Geo. D. Penniman, of the Maryland Sports 
men's Association, sends us the full text of the decisio 
of the test case which was carried to the Supreme Cour 
of that State to determine the constitutionality of th 
statute forbidding the sale of game in close time, th 
game having been brought in from another State. Th 
official text follows : 
Court of Appeals *of Maryland. 
ROBERT- N. STEVENS VS. THE STATE OF MARYLAND. 
April Term, 1899 — Filed June 22, 1899. 
Appeal from the Criminal Court of Baltimore. 
Thos. Ireland Elliott and Harry W. Henderson for tb 
appellant. 
Attorney-General Gaither and Geo. Penniman fo 
the appellee. 
xA.rgued before McSherry, C. J., Schmucker, Briscoi 
Fowler, Boyd and Pearce, JJ. ^ 
Schmucker, J. — The appellant was indicted for havinj 
in his possession and exposing for sale in Baltimore City 
during the closed season, certain dead rabbits contrary t< 
the provisions of section 15 E of chapter 206 of the acts a 
1898. He first filed a demurrer to the indictment, whicl 
was overruled, and then pleaded nan cuL and elected t< 
be tried before the court. 
At the trial of the case he offered to prove that th( 
rabbits mentioned in the Indictment had been lawfull- 
killed in another State of the Union, and had been shippc 
to him from that State in an original package, and tha 
he had received and exposed them for sale in that condi 
tion, without breaking the package. The State objects 
to this evidence, and the court sustained the objection, 
and the verdict and judgment being against the appel | 
lant, he appealed. J 
The act of 1898, chapter 206, in its opening sections 
designates closed seasons for the game birds and animalt 
therein mentioned, including rabbits, for Baltimore Cit; 
and the respective counties of the State. Section 15 I 
then declares that it shall be unlawful for any person te 
have in his possession, expose for sale, sell or buy ij 
Baltimore City or the respective counties any of the gam< 
birds or animals mentioned in the act during the closed 
season for such city or county, "whether such birds 01 
game animals so had in possession, exposed for sale, sold 6) 
bought shall have been shot or in any manner caught 01 
killed in that county, or in any other county in this Stat< 
or in any other State, Territory or county," 
Before the passage of the act of i8g8 the law as it then 
stood after referring in its opening sections to game kill6< 
within this State, prohibited the catching and killing « 
game or having it in possession by any one in BaltimoM 
City or the several countes during the closed season, bw 
the law contained no provisions indicating that it was in- 
tended to apply to game lawfully killed outside of ths 
State. ■ _ 
When the law in that condition came to be construe^ 
by this court in the case of Dickh-aut vs. State. 85 M« 
451, it was held that game which had been lawfully kill«J 
