The Wellington enterprise. [volume] (Wellington, Ohio) 1867-188?, 1886-04-14
A TURKEY CASE.
A New York Court Wrestling with Knotty
Points In an Old Law Suit.
livingston IN. Y. Freeman.l

Kingston IN. r. Freeman.l
In Ulster County court, at Kingston, on
Monday, the lawyers had lively tilt at
each other ION turkey" They 'talked
turkey" to the court. 1t was subject that
all seemed to be posted on, and so it was Of
general interest-more 50 than even an as
sault and battery case. The case, it was
declared, was one of more than ordinary
importance. Not that the money involved
was so large, but the principle was mighty.
In fact its final determination would come
nearer to a legal solution of the question
''who is the mother of the chicken-the hen
that laid the egg or the hen that hatched
It'll" than had ever been arrived at. 1t con-
tanned some very knotty questions. One
was: IF man takes possession OF farm,
finds turkey there, the turkey lays eggs,
matches and the young turkeys are tenderly
cared for until they are half grown, and
another man. who claims to own the orig
inal turkey, comes along and drives away
the young turkeys, to whom do those tur-
keys belong 7" There were several other
questions in the case, viz: as to the value
Of half-grown turkeys, whether there was
sufficient difference in the countenance OF
turkeys, so they could be recognized from
other turkeys, or whether man skilled in
turkey dialect could tell one gobbler from
another by his gobble.
All these questions came up in lawsuit
in the town of Olive and we're wrestled
with by disciples of Justices court there,
before Squire Dewitt c. Davis. 1t was
there decided that the hen turkey that
hatched the eggs and brought forth young
was the mother Of the same and therefore
the owner OF the young turkeys. The case
was appealed TO the county court and ar
gued. The plaintiff is William II. Brewer
and the defendant one Peter Cudney.
Brewer alleged that Cudney de
stroyed herbage on his farm aud carried
away turkeys to his damage of twenty-five
dollars" CuInoy denied every thing
Brewer testified in the lower court that he
''made fences, plowed and raised poultry
The hen turkey made her nest and hatched
out young turkeys right by the line fence"
though what peculiar effect this would
have upon the breed Of turkeys was not
stated, but it seems that they were gray
turkeys in color. The turkeys were one
third grown, Brewer said, and he had
raised and sold turkeys "What were the
turkeys worthl' was strenuously objected
| 10 by the other side, on the ground that the
witness was not competent TO show the
value Of turkeys one-thlrd grown, but this
was overruled, and he testified that they
were worth from ten TO twelve dollars. Mrs.
Brewer told the story OF the manner Of
bringing up young turkeys-that the hen
turkey laid first four eggs, then continued
to lay until there were fourteen in all
Then she hatched ten and raised eight tur-
keys, and Mrs. Brewer fed them, gathered
them in from the wet grass aud exercised
all those little attentions 50 necessary in
bringing up young turkey over that peri
cd whenit is subject to "gapc,n or 'gap,"
as it is generally called, when only daily
application Of horse hair can prevent
them from sneezing their tender heads or,
and the young turkeys remained by the
house until one-third grown and then were
taken away.
On the question Of identity, IL was not
shown whether the age Of the turkey coull
be told by its teeth or by the wrinkles on
its forehead, but one man threw some light
on this question of 50 great importance tC
science by stating that in his investigation
OF turkeys ho found that when turkey
was two years old it grow ''whisker or
its breast" though another testified that
she never saw two turkeys look exactly
alike" The counsel in arguing the case
told the court the testimony was distinctly
preponderating, and that the turkeys were
not 'ddmRum absque iyariG." The court
reserved its decision.