S52 
FOREST AND STREAM. 
[Nov. 2, tgou 
"What is domicile?" and answers in effect that "a man 
in order to change his 'domicile of origin' must choose a 
new domicile by fixing his sole or principal residence in 
a new country with the intention of residing there for a 
period not limited as to time." If this is quite in accord 
with the definition of the term "domicile" given in Whar- 
ton's and Bowerie's law dictionaries, and therefore surely 
in order to decide whether a party is "temporarily domi- 
ciled" in Canada, it is only necessary to inquire whether 
he has fixed his "sole or principal residence" in the coun- 
try for a period limited as to time. I do not see how I 
can hold that these parties had either their "sole" resi- 
dence or their "principal" residence in Canada during 
the time they were here merely for the purpose of enjoy- 
ing a few weeks' fishing, even although they may have 
erected a building at more or less expense, not as a home, 
but for additional convenience and comfort in the prose- 
cution of their sport. They were not owners or tenants 
of houses here, occupying them with their families for the 
summer months, as quite a number of their countrymen 
do, nor guests at any of our hotels, as so many with 
families are, as Avell as many single, even without families, 
but according to the case laid before me, they come here 
every year expressly and solely for the purpose of sport 
and leaA'e as soon as it is over. 
Let us suppose some point on the frontier, where it 
takes but an hour or so to cross the boundary line and 
reach a stream or lake on the Canadian side, and two 
American gentlemen come over for the purpose of fishing, 
both employing Canadian boats and boatmen, but one of 
them having his tent erected on the American and the 
other on the Canadian side of the line. I cannot see in 
the obvious policy of the regulations any reason why 
the last-mentioned should be allowed to fish without a 
permit, while the other is prohibited. The enacting au- 
thority could never have intended to attach the idea of 
domicile to a building intended and adapted merely to 
facilitate and render more comfortable the fishing opera- 
tions of a party who comes here for no other purpose 
than to fish, whether such an erection cost $5 or $500. 
I am not called on to say what conditions of residence 
by a foreigner would constitute a temporary domicile un- 
der these regulations. It is sufficient for the purpose of 
this case to say that those disclosed in the evidence and 
in the case stated do not. It is not my duty to inquire 
whether, in view of the restrictions, if any, placed on 
Canadian sportsmen using American waters,^ the regula- 
tions before me are or are not unduly restrictive or in- 
hospitable ; nor am I sportsman enough to know whether 
these regulations are m.ore or less exacting in proportion 
to the privileges bestowed, than the Provincial legislation, 
which requires a license fee of $30 from any one_ not 
domiciled in Nova Scotia to hunt moose in the Province. 
Nor am I called on to say whether a foreigner actually 
domiciled here is shut out by these regulations, and 
therefore in a worse position than a mere visitor, as sug- 
gested. It will be time enough to decide that when the 
occasion requires it. 
Of the several questions submitted to me, Nos. 2, 3, 
6 and 7 are all that require to be answered. 
2. The defendants under the amended order in Coun- 
cil of Aug. I, 1894^ were not exempt from the previous 
regulations requiring permits. 
3. The defendants were not temporarily domiciled in 
Canada within the meaning of the amended order. 
6. The defendants were guilty of violating the Fish- 
eries Act. 
7. The defendants were properly convicted. 
The convictions will therefore be confirmed and the 
appeals dismissed with costs. 
A. W. Savary. 
Counsel for prosecution, Pelton, K. C. 
Counsel for defense, Harrington, K. C. ; George Bingay, 
K. C. 
Oct. 17, 1901. 
CHICAGO AND THE WEST, 
"His TfouU" 
Chicago, 111., Oct. 26. — The writer of the appended 
story of a stright-away trout fight is a youth of about 
14 years of age. He says, 'T look forward to my Forest 
AND Stream each week, and read about the doings of 
other sportsmen, so I thought I would do a story for 
them to read." He calls it "My Trout," and it goes as 
follows : 
My Trout. 
On this camping trip we had a large party, twenty-odd 
in all, two doctors with their families, two other fam- 
ilies and two visitors, to which already large outfit we 
had three guides. During our stay of six days the 
stream was well monopolized, and we had some great 
sport. The second day of our stay was the most event- 
ful for me, raining a little and cloudy. That morning 
a party consisting of my father, Tappan and Stephen 
Gregory, Gratiot and Ted Washburne and myself, walked 
up stream by a logging road and cut into the stream a 
couple of miles up. Here we got our tackle ready and 
commenced to fish, going up stream, but we found no 
good fishing, although there were some good places. So 
we retraced our steps and started down stream. 
We fished along not catching much until I went to 
a good-looking place, and as I started . to fish there my 
father told me to leave the place to Ted, my youngest 
brother. I went on with Tappan, catching a few small 
fish, when a shout from our rear showed that some one- 
had a good one on. It happened that Ted had caught 
a trout "of iH- pounds, his largest, and was very proud 
of has fine fish. Pretty soon we came to oup boat, and 
we all got in because the water was > pretty deep here. . 
^T suggested that we troll with our trout spinners and 
worm' the rest of the way to camp. Oi\ the way down 
vve came to a place where a small clump of alders over- 
hung the water It was no different from the intmerous 
utlier clufnps of bushes we had passed. But as my spin- 
ner was under those bushes, I felt the tug which -ev£ry 
trout fisherman recognizes as the strike of a big trout. 
I; dropped my rod back and then struck; then- and there 
the trout determined to get me into trouble aS he dashed 
this way and that, but the rod was an ^elastic split bam- 
hoQ of five ounces, which kept a killing strain on him. 
From all around me I could hear advice shouted at me, 
no two people giving the same piece of advice. The 
trout crossed the stream several times, trying to reach 
snags and roots, but each time the strain brought him 
nearer to the boat. At last he came in sight, only to 
rush off again and to be carefully brought back. He 
did this several times until niy father jumped into the 
water with a landing net, the boat in the meantime 
having drifted into shallow water. At the sight of the 
net the trout made a last dash, only to be brought back 
again and the net put under him. We weighed him 
immediately on some correct scales, and he weighed just 
4j4 pounds. He was a silvery- fish from lying in the 
open water, and he put up a game fight. That is my 
record brook troiit, and I was well pleased, I can tell 
you, to get him. 
After that day I took no especial interest in the fish- 
ing; although I went I felt I had my luck and was will- 
ing to quit fishing for awhile. 
laterestiog Angling Gift. 
Mr. George F. Knapp, of 714 Sheridan road, Evans- 
ton, this week made a present to his neighbor and long- 
time companion, Mr. Jack Wiggins. To-day I saw the 
gift, and it is so interesting and curious as to deserve 
comment. In brief it was a long, leather-covered case, 
something like the old trunk-shaped gun cases which 
were once popular. Opened out, this case disclosed 
itself to be a receptacle for all sorts and conditions of 
angling material. Mr. Knapp himself is one of those 
curious beings who can do all sorts of things with tools, 
and it is his delight to make things with his hands. 
The case contained four brass casting rods made on 
rather new lines. Each, as Mr. Knapp explained, was 
made of historic wood. The hand pieces were made of 
dark oak and black walnut, some of which was taken 
from the rails split by Abraham Lincoln. One piece 
came from an oak which formerly grew on Halsted 
street in Chicago, a tree which scientists declared to be 
2,000 or 3,000 years old. Yet lother pieces of wood came 
from the beams which formerly supported the old Lib- 
erty Bell in Fanueil Hall, Boston. Mr. Knapp himself 
was custodian of the Liberty Bell during the World's 
Fair, when it started on its journey around the world. 
He had in other sections of the rod pieces of cedar from 
Tennessee, of osage orange from the Western States, of 
cocoa palm from the Indies, of lancewood and other 
woods. The rods were not toys, but perfect tools for 
their purpose. 
I noticed one invention which Mr. Knapp has used 
which ought to be adopted by all bait-casters. It is a 
sort of spur or trigger, like the finger-hold of a revolver 
grip. The curved projecting metal is placed on the 
grip of the brass casting rod opposite to the reel and a 
little way to its rear. The fingers of the hand fit into 
it and enable one to get a perfect control over the rod, 
leaving the thumb entirely free for thumbing the --eel. 
The device is very simple and is very much worthy of 
wider use. Rod makers should see Mr. Knapp about 
this. .A.S to the other contents of this notable fish- 
ing case, the casting reels, lines, hooks, etc., were in 
part the gift of the children or friends of Mr. Wiggins. 
There were nets, gaff hooks, line spindles, etc., in 
abundance. There were wire fish stringers, threading 
needles, skinning knives, fish scalers, disgorgers, weigh- 
ing scales, together with clever devices for keeping 
hooks, flies, etc. in place. There was even a club, some- 
thing like a short billy or policeman's club, to be used 
for knocking a large fish in the head. All these diflfer- 
ent articles were provided with lanyards and snap hooks, 
so that each could be attached to the boat and be found 
again in case the boat should be overset. Of repairmg 
tools there were pliers, screw drivers, vises, etc., together 
with compass and full mending kit, a "housewife" with 
buttons and needles and a hundred other things which 
would take much space to specify. In all there were 
187 pieces comprised in the equipment of the wonderful 
angling kit, and of this, every piece, whether of wood 
or metal, was made by hand by Mr. Knapp himself. 
There was no shop work or duplicate pattern in the 
whole outfit, from start to finish. The work could not 
have been duplicated by the most expert specialists in 
their respective lines, and Mr. Knapp thoroughly proved 
not only his patience and kindness, but his rare mechani- 
cal genius, in turning out this singularly complete angler's 
case. It cost three months of labor, and it was pre- 
sented to Mr. Wiggins at a little house party the other 
evening. To-day Mr. Wiggins had Mr. Knapp brmg it 
over to the Forest and Stream office, as' he felt so 
elated regarding the gift that he thought everybody ought 
to know of it and be advised yet more fully of the loving 
care which can be possible at the hands of one fond of 
the gentle craft. It was certainly a unique and valuable 
present, and one which it need not be said Mr. Wiggins 
will cherish all his life. 
E. Hough. 
Hartford Building, Chicago, III. 
A "Worthy Disciple of "Walton. 
The Westminster Gazette is responsible for the fol- 
lowing apocryphal fish story: "A remarkable illustration 
of 'the ruling passion strong in death' has been furnished 
by the president of a provincial angling club. By his will 
he left £2S to provide an outing for the members of his 
club, at which he hoped that good sport would be enjoyed 
and no mourning worn. He further directed that his 
ashes should be carried in a bait can tb the riverside, and, 
before a. line was cast, i^cattered from a boat over the 
surface of the stream. By a- felicitous coincidence, the 
combined catch of the club on the day when these direc- 
tions were carried- out was nearly double their previous 
record. Plato, in the 'Phfedo,' pictures Socrates as de- 
siring death for the pleasure. of conversing with Homer. 
But. what a meeting there, must have been in Hades'"be- 
tween this enthusiastic angler and old Izaak Walton T 
"What a meeting, indeed] Walton would have broken 
his fishing rod over him had he ever come across siich. a 
desecrater of rivers. Fancy,- if all anglers ground-b.aited 
with- their .r.emaji\s in this way._ how the -public and^.the 
water companies would howl' about 'anglers^ rights.* "-7- 
R. B. Marston in London Fishing C^zeftc. ' . ". 
Fixtures. 
BENCH SHOWS. 
Nov. 27-30.— Philadelphia, Pa.— Philadelphia Dog Show Aaso-cja- 
tion's third annual show. 
Dec. 15. — New York, N, Y-— Ladies' Kennel Association al 
America's inaugural dog show. 
1902. 
Feb. 4-6.— Providence, R. I.— Rhode Island Kennel Cluh's anmuafl 
show. George D. Miller, Sec'y. 
FIELD TRIALS-. 
Nov. 4.— Washington Court House, O.— Ohio Field Trial Club's: 
fourth annual trials. C. E. Baughn, Sec'y. 
Nov. 5.— Portland, Mich.— Michigan Field Trial Association'si 
fourth annual trials. C. D. Stuart, Sec'y. 
Nov. 11.— Bicknell, Ind.— Independent Field Trial Club's thirdl 
annual trials. H. S. Humphrey, Sec'v. 
Nov. 12.— Chatham, Ont.— Internationa] Field Trial Club's thir- 
teenth annual trials.— W. B. Wells, Hon. Sec'y. 
Nov. 12.— Hampton, Conn.— Connecticut Field Trial Club's trials.- 
F, M. Chapin, Sec'y, Pine Meadow, Conn. 
Nov. 19.— Robinson, 111.— Illinois Field Trial Association's third! 
annual trials. W. R. Green, Sec'y. 
Nov. 19.— Ruthven, Ont.— North American FieldL Tri^ Glab's' 
trials. R. Baughan, Sec'y, Windsor, Ont. 
Nov. 20. — Manor, L. I.— Pointer Club of America's annual field 
trials. R. E. Westlake, Sec'y. 
Nov. 23.— Newton, N. C— Eastern Field Trial Club's twenty- 
third annual trials. S. C. Bradley, Sec'y, Greenfield Hill, Conn. 
Nov. 25.— Paris, Mo.— Missouri Field Trial Association's fifth 
annual trials. L. S. Eddins, Sec'y. 
Nov. —.—Paris, Mo.— Interstate Championship Field Trial As- 
sociation's inaugural trials follow M. F. T. A. trials. 
Dec. 2.— Glasgow, Mo.— Western Field Trial Association's in- 
augural trials. C. W. Buttles, Sec'y. . 
IDec. 4-7. — American Pointer Championship Field Trial Asso- 
ciation's inaugural trials. Robert L. Dall, Sec'y. 
Dec. 11.— Glasgow, Ky.— Kentucky Field Trial Club's second 
annual trials. Dr. F. W. Samuels, Sec'y. 
BEAGLE TRIALS. 
Nov. 4.— Roslyn, L. I.— National Beagle Club's" twelfth annual 
trials. — G. Mifflin Wharton, Sec'y, 
Nov. 5.— Watertown, Wis.— Northwestern Beagle Club's in- 
augural trials. Louis Steffen, Sec'y. 
Nov. 11.— Lexington, Mass.— New England Beagle Club's annual 
trials. 
Nov. 12.— Harrisville, Pa.— Central Beagle Club's annaaJ. field 
trials. A. C. Peterson, Sec'y. 
Colonel. 
Newcastle, Pa., Oct. 24. — ^When the inevitable end 
comes no man could desire to die gamer than did old 
Colonel. He was a Lubrick-Llewelyn, and was the most 
famous dog in western Pennsylvania. For an even dozen 
years he was in demand by the hunters of the community. 
During the last day's of the famous dog the spirit was 
unbroken and the desire for the chase was consuming, but 
his strength would not permit. However, the dying efforts 
of the old-timer were devoted to a run which those who 
thought most of him could not deny him. 
Colonel had a record to be proud of. Coming fromi 
dogs that stand at the head of lists of distinguished! 
ones, the subject of this sketch maintained the standard' 
established by his sires. But of all the exploits in which 
he had taken part, there was none in which the owner and 
the admirers of the dog took greater pride than his last 
hunt. It was shortly after the beginning of the season 
that Will H. Hill, of Newcastle, Pa., Colonel's owner, 
decided on a day's hunt. His course led him past his 
father's country home. Here the last days of old Colonel 
were being spent. The welcome the old dog extended his. 
master was touching. It was not demonstrative, because 
the weakened old legs would not permit wild caperings» 
With a piteous whine and trembling with emotion the 
aged hunter sat on his haimches and looked steadily into 
his master's face. He would move up and rub his nose 
on the gun and with a meaning look would whine anxious- 
ly as if begging consent to be included in the party to 
the cljase. 
Colonel's pleadings won the consent desired. He was 
taken into the rig and carried to the hunting ground. He 
was assisted over fences. The younger dogs were scurry- 
ing aimlesslv in every direction. Colonel took in at a 
glance the possible hiding places of the birds, went there 
directly and had made a stand within five minutes after 
the guns had been taken from the cases. The privilege of 
bringing in both the birds was reserved for the old 
veteran. His delight was evident He endeavored to 
caper as friskily as the younger dogs, but his legs went 
down in under him. 
The second stand in Colonel's last hunt was made with- 
in a few minutes of the first success. He was fast be- 
coming weak, and the bird was brought in by another of 
the dogs. It was when the party stopped to give the old 
dog a rest that he dragged himself toward a clump oi 
elders and there made his last stand. This was in reality- 
no stand, for he was resting on his haunches. The effect 
however, was that one bird was shot. Then old Colonel 
dropped on his side and was overcome with exhaustion. 
After a while he raised himself, but was unable to walk. 
Slowly he began to stiffen, and it was evident that the 
end was near. He appeared to be suffering from the 
effect of the over-exertion. After a brief period, during 
which the old fellow's suffering did not come to an end, it 
was decided that he should be assisted across the great 
divide. It was not the owner who did the job. Colonell 
had been in Mr. Hill's possession for ten years, and he 
was greatly attached to him. A sound coffin and a little 
square in the comer of the garden adjacent to the Hill 
home is the Colonel's last resting place. 
This dog probably retrieved more birds than any other 
dog in Pennsylvania. It is to his credit that in one year, 
at "matches, he retrieved more than 2,000, birds. He was 
the dog selected to do the retrieving at the famous $1,000 
rhatch of several years ago between Buchanan, of New 
York, and Braden, of Lawrence county, Pfi. This match 
was held at the Beaver County (Pa.), Fair Ground, 
The grandsire of. this dog . was the $10,000 Llewelyn, and 
the grand dam wa.=. once the. property of President U. S., 
Grant: - W. H. Hill. 
Lost Dog, 
Dk. C. H. Keogh, in a-persortal letter; takes up. the ques- 
tion of dogs' lost through cafelessness,._ dishonesty and 
otherwise. - The gentleman's letter is; "subjoined: -. - 
"Any one who has lost a small Llewellyn setter bitchy 
I 
