The Iola register. [volume] (Iola, Allen County, Kansas) 1875-1902, 1886-10-08

animal was in a trap, He showed me
the marks of six balls, one of which was
imbeded in the bone.
We had the bear, and the next thing
was what to do with it. The bowie
knife was too heavy for skinning, and
Peery's jack-knife was not sharp. The
Major mounted his horse and rode down
the branch and along the creek to where
q settler lived, and soon came back with
knives and the man. The hide was
taken of, large cut of the bear-and
here my heavy bowie-knife came in use
was appropriated by the Major, and
the rest of the carcass turned over to
our assistant. But I didn't dine with
the Major while his bear meat lasted.
That cry of the poor brute, so despair
ing and heartrending, fingered in my
hearing for weeks, and l felt rs though
had murdered some one. The death
of deer always affects me in the same
way, but then it is because of the human
expression of the animals eye in his
death pang.
This hunt was exceptional through
out. All others ut which l assisted, we
hunted the bear sometimes day before
we found him, and he was slain in Or
thodox manner, receiving coup de grace
with the hunting knife. But bears were
not abundant even then, and must be
less so now. Deer are plentiful yet, and
foxes, both gray and red. The otter is
occasionally found and the so-called
''black fox" Elk and beaver have dis
appeared, and panthers are rare. Dur
ing my five years residence in the hill
country l heard of one having been
killed, but did not see it nor any one
who had. Deer arc there IL abundance.
In my time have come twice on herds
of five or six, once on group of four;
but Twas unarmed at the time and they
knew it. They suffered me to ride quite
closely to them, looked at me, and as l
rode off quietly resumed their grazing.
Hares, wild turkeys and ruffled grouse
are abundant. Skunks are very COM
mon, but though the fur of this little
animal is valuable, skunk hunting is
not passion among the mountaineers.
Bear hunting was never pursuit.
though the skin, bringing cash as it
always did. in country where money
was scarce, was desirable. But there
was enough of it to create kind of
recognized code, which was of authority
in litigated cases. remember once q
bear suit at Boone Courthouse. 1t
came up before the county court on APP
peal from a justice of the peace. 1t
was petty case, but the parties had
their blood up, and were bound to have
it out, cost what it might. A, the
plaintiff, had started bear with his
dogs, and b, finding the animal pro-
ceeding along. had shot him and taken
him in. He refused to give even
pound of the meat to A, who thereupon
brought suit in detinue, for that B, etc,
ETC., had detained the bear, The bears
hide in the meantime had been convert
ed into cash and the meat eaten and
digested. A had judgment and b APP
pealed. The counsel on both sides air.
ed their learning and eloquence, and
BIS lawyers claiming there could be no
property in an animal in the state of
nature, and AS lawyers insisted that,
as A had begun to reduce
the bear to possession, he had
obtained a qualified property by the
customs of the country. and Il was
therefore trespasser in particular and
a son of gun generally. The wor-
shipful court-the county court was
composed of justices of kthe peace, and
therefore not acknowledgement
together and gave us, in default of re-
turning the bear-which from the ma
ture of the action we should have OBJ
tained-*SO. which was paid. This did
not go very far toward defraying the
legal expenses. but the triumph made
it cheap to the winner.
And, by way of climax, let me give
another bear case, not because of any
principle of law involved. but for a re-
markable bit of forensic eloquence
thereunto appertaining. The case was
tried in a justice court. The plaintiffs
lawyer was bright and well-read fell
low, Just admitted to the bar, and his
opponent was an iliiterate but shrewd
and cheeky pettifogger, who was a
great enemy of the justice. The young
lawyer had sustained his position by the
ruling in Acase quoted in Johnson's
Reports. The pettifogger replied, and
closed his argument in this way:
"Them's the facts, your worship. The
lawyer agin me, who is peert young
man with pleasin' disclose, an who is
obleeged to make a good lawyer, some
day when he gifts older, has brought in
Johnson's Report to help him out.
Johnson's Report! Why, l needn't tell
your worship, that's larned in the law.
that report is only hearsay, an hear
says not evidence. An who's John
son. I'd like to know, that his hearsay's
more than that of any other man?'
Judgment for defendant Thomas
Dunn English, tn Chicago Times.
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