The morning news. [volume] (Savannah, Ga.) 1887-1900, 1893-02-03

trap i had haen made by an otter. So Trap
/ Per Dixon started on the trail. feeling more
eiailon than any trapper had felt in that part
oL FehnsyIvania tor many year. He followed
/ Tue trau long way. and at last came to the
spot where the maker Of il had been inter
! cepted by some one, saw the sanguinary evil
dences Of the offers struggles with some one,
/ and awoke 60 the melancholy fact that the
] some one had not only walked off with the
/ otter, but with the trap as well.
" But I'll foller him up.H Trapper Dixon saws
| ne said, when he made this painful discovery
IN foller him an git that otter an that trap,
II have to foller him all over the state o. Penn
| sylgania"
But his pursuit of the some one who had cap
tured his prize was not to be long one Farmer
Billings lived only two miles from the scene OF
his interference with the trapped otter and
The doctor bad, in the meantime, been there
and patched Farmer Billings up. but the
farmer was far from well. Trapper Dixon went
into the house.
We'll, neiKhbor," said he I've come after
t9at trap o mine, an tie otter that was in
It, An I'm much Obliged to you for stoppin'
Was that your trap:" said the farmer.
otter"
IF it's your trap you can have it, said the
farmer. But you're mighty careless leavin' it
around where critters like that can get IN it. If
! II hadn't been for me there's 10 telling where
That beast would have taken it to. And more
than that. in rescuin' that trap for YOU came
near dom my last job. AS it IS, the hired man
| II have to do the most of the WORK around this
1arm FOR week or more. You can have your
trap. and can tell you you're mighty lucky.
GU want TO be more careful"
Farmer Billings had the trap brought in and
| he gave it to Trapper Dixon.
but where's the ottery" asked the trapper.
| II that the crltter that was in the trap"
SAID the farmer, I'm goin' to keep that for my
| trouble. It's mtne for l ketched it."
In spite OF all the Arguments and protesta-
| lions the surprised and indignant trapper could
| Farmer N nrEh n
| OF Inc otter and Irapper Dixon had to leave
without his prize, declaring as he lett the house,
Inough, that he would take the law on
Farmer Billings. And he did He sued Farmer
| Billings before Squire Capwell of East Lemon
| in an action for trover and conversion. The
| statute providing for such actions having been
| repealed, suit was entered on plea of trespass
| against the farmer. and the suit was defended
| The decision of the justice. as reported by one
VINO was present at the trial. is unique, and no
one has ventured to say that it is not sound.
| The otter, said the justice lis neither pro-
| tected by law nor is it an animal for whose de-
| structton bounty is offered IL is not an out
law, nor is 1t ward of the state SO to speak 1t
nas right to It's suStenance after the manner
| which Its instinct prompts it to obtain Setting
traps Tor otter Is not illegal trap is the prop
erty Of the person who owns it, aud may be
claimed by him wherever found An otter
| eau hit in a trap secured by its fastenings to
the spot where the trap is set becomes the prop
erty OF the owner OF the trap. otter has Il
right TO Its liberty If it can get it. A trapped
| going away with the trap becomes an otter at
liberty. II. with such a trap still fast TO it, an
| otter falls into another trap, the property of
| another trapper, and the fastenings of the
| second trap withstand the efforts of the otter to
| break them loose, so thaI it is found in
the trap by the owner Of the second trap, it be-
comes The property of the second trapper and
| the trapper whose trap is already upon it can
| have no claim in law upon the animal. An otter
| at large with trap fast to it being otter at
| liberty de jure, no man has any claim upon it
/ M rp fant 10 10
| liberty may have been curtaed temporarily by
the fastening Of a trap cannot work a per-
petual bar to tue rights of any other man in the
| otter in the interest of the owner of the trap.
| The tr0p, however, belongs to its owner, and,
| coming upon the premises or into the possess
| sion Of any other person through the medium
Of an otter at liberty, it cannot be held unless
under legal penalty, and should be proceeded
| upon as in the matter of stray cattle coming
| upon alien premises. The otter in this case was
an otter in the enjoyment o. its legal liberty,
| and, consequently, in taking possession of it,,
the defendant in no wise trespaSSed upon the
| rights Of the plaintiff"