The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-02-17
RABBITS IN Court.
4 Charge Of Stealing Wid Animals tcn
Rabbits he Tmbey,t THE Game Laws
versus the Criminal Lava Queer Case.

DtloTP ne urn h"I JH"tff, bUOh trdS-
H. W. JUNic, LWdeV. W. JlSfirc HoVL ms
mi5 w. Ipsiice Nonistg. The Qr,pn o,t
taw, Red9;-I hi- was u ,cas, stated Ivy
ter ss srssiomu Tbe u rr n fSsr Xnnri
at The l5erks Epiphany Sassons. Doc. 81. 1871
Tor s'ealing eighteen rabbits. the proprrly uf
that TIE prisoner WIS the Lnmok .su.r - smith
md vasrniplvycd 10 lock alter 2 won't IN which
hadhc"n granite iu smith by ito owntr. THO
prisunrrwns not al lltcity To take or Kill rail-
hi1 n th9 wood for his own us. hut h. inoN
aud H. He'd I'M removed eighteen Wild rabbits
from the wood. and had bargain ~ to soil them
when They were -riz''i in the possession ui it"
purchasers agent the capture. kilnc. rairuy-
ins. unl selling lcin- part uf one c"utinuvEH
=. rue couhsei i2r TIE lris9i'rr a Key ,'n
Court 81 alton the cHsc hr|r~. tnrin
rabbits hud over. Tvs sui,ict t. 1T larceny. h"n IN
tn" possession 1T Smith. and thai. ih"rcioi''.
culhr2itnG them. The counsel Tor ~ rioTr-
, cution insisted tuut when IT," rabbits N'r 'il'-
iurrd and Killed. lay ia" uri"on"r. They ,wrrg 10y
that reduced into the pos "-sinn ~ hlr inhs-
tor. and became sulJctt" ~ lay amy or rui"f-
/ element. r'ccHsn wls lets tn TIE jury.thr' "irt
telling thcn tint the criminal offence % the
prisoner. II my. WITS rmiwa2irui"ni. ana not
,,'nr Ln,,,t, H., servant ui smith f.ufturrd ana
killed the rabbits. .ttL"li-h rGnibst tn" orders
ut his niH-trr. they 70 rnrr INTO inc possession
81 The prisoner for ana ON h"l.l' oi ltr muster.
and tho prisoner. converting them to his own
usr. was guilty %. "hih element. Tn" jury
found the prisoner guilty oi enlightenment. and
mont with hard llh1r. Nut th' ClHgt reserved
Tor the opinion 81 Nh" superior Count TIA" rurs-
;on whw,icr, ihr prisoner 10y capiurins and
did 50 hrin. them into ~" Possession of his
lla-;"r HAT he could ny apuroDriutne them ic
him~ II guilty pf tnhcy1i ug q an. The enact
m"ni on wnir, g. quest Nn turned it, one oi thu
Common Law ,uusuiidnt.on acts ~ and ~
We. zap. 70, $50, 'o--!s 10 larceny or cmbcs1lc-
ment hy servants:
who'ce,,r tcinsa servant. or heinz employed for tho
tfl - 81" 10 ne air ni servant shHli iiauiulcui-
nr..e..io' v, hw Ter 90 u. ir nsnc. ~ cn dc cain,
m'mon,' stolen ~ .in" runI his master although II
~. O. tunl io.', ..iul OF his -cr,sht
Tho casc WAS argued hy Mr. II. Smith for the
prisoner. and Nj. Ii. u. Green for the prosecu-
For the prisoner twas argued thattho rabbits
could not be tac SUBJECT OF larceny or deemed to
Tho Lord Chief Justice nskcd whethpr there
wa. not a ease IN which il had been held that
rabbits taken aud !i'd h'camr Ia" property II
Tue owner OF tn" soil on which they were taken:
and II WAS answered tlui no duuit II had been
So held hy the Ju lgrs and the House OF Lords
ueaiaon lad a.,civur. he',n followed anil an-
pll"i IA iii-' ci-o u' gruu~' hut in these cs'', Il
Wis ppnisi nut That It iid not follow that the
crny. dnl thHt. though dead game might be- tho
suig"i ~ lar NY. u wonld TO- othrfw 49, whore
90" killing aUl taxing away were one continue
ouS act ~ m Va" present cas".
Tho c"du-'i f,s III" prisoner. assuming that
uh ,hiS ground u" could NOT D." convicted II lar
r'ily. went ON 10 argue that ID" could not he cun-
Nl'i"i of cmhrr~iius Ia" rabbits or of -triil irg
them by omh"z-.ins them und"rtn statutory
ems t.cut. For. Nr urged! II cnu'd not b." sad
c'lnt e his master II was clear that. nu the
contrary. a.. took Thorn for himself and FOR his
own U.s.. Moreover. ~ tho rulfn,ts wcrti fs,'b
a0'nrr. they could NOT T." tho ,uhlerts OF prop
rtE un, ,nrE ~ &C. a.nd' and The keeper IN
-. preNrning ih"m Browning the prnilrrt; nf
hi- rmr."y. r. ~ loult W. prieunrr iSoi Ind
kiIi'd "a. rabbits hu, he took th-n ~rgnsimmliy
ani not Tor Liz master hut for himself The
u dih was tho man. Though the keeper WIS
pOdeher.
rgr LEGAL STATUS or RABBITS.
Mr.. Justice Manstv-ll is clear that n dead
RABBIT Is q ehnti.l and II belonged 10 somebody
Mr.. lusNc" Hawsirs-B But h"rr the keeper
bad the rabbits IN his po-ae-sion hefor" he
Killed ih"m, and the taking. Killing. and r.
moving wcrr all one act.
This. the prisoners counsel said was his ar
On tho part Of the prosecution It was stated
that Il would he a startling consequence If a
game k""per conld help himself a. hhhvr to
Tho L,ld Ch'cf Jusiicc--A most fearful ron-
s'luHn'', truly S'll. in ~ g. Il the Sirciity ~
gam, " must UNFOLD and apply the PRINCIPLES
TIE counsel for the prosecution as-en,ci to
iAtti oni ~ ~ aud rg.i,i np9n the Wasment II
dead game WAS the subject ~ property. and
must Trl' IT, me rrrQqp.r'yi 81 SOM one
question. Sulposo 'hr rahhit taken asleep!
NJ. Ju,ii'" Nnni-iy-Or taken alive IA 4 trap
m. Lord Chief Iu-tirc-Or snppos. IT dies
IA in" pocket N'i' h"inG taken away and ol
thn land Tl"r 1t NJ tak'nt
man took the rabbits Il, his nin-ter' S servant
cor oh - COW n account. They could not ie sub
mont underline statute. It must appear that they
N'tr iHs'n 10y ~" servant Tor or On account %!
The ! ri Chi.f Jus,lce-I might perhaps
lF SNIl mat the rabbits STOLEN. hfi-