The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-11-22
The DUCK-S SHOOTING WAR
Cordelia Club Injunction Case
Again on Trial at
SuiSun.
The Defense Offers No Evidence and
Will Rely on the Plaintiffs
Weakness.

SUiSUN, CAL, Nov. H.-The case of the
members Of the Cordela Shooting Club
against forty-one defendants, which has
been dragging along for year in the
Superior Court, came up again for further
hearing before Judge Buckles to-day. 1t
is of great Importance 10 sportsmen, par
ticularly those who shoot ducks over the
marsh and overlooked lands about the bay.
In 1888 kellogg, the president OF the
Cordelia Shooting Club, which is COM
posed of ten wealthy San Franciscans,
leased 1000 acres of the Chamberlain tract
near Suisun, and last year fenced in 1900
acres. On this they posted notices forbid
ding treSpassing or shooting over the land,
but these warnings were not needed.
When the Teal Club had its war with the
Cordela Club the former to spite the latter
club invited all the local sportsmen down
and told them that they could shoot all
accepted and the visitors royalty enter
tanned. But when the TWO clubs patched
up their differences the local sportsmen
continued shooting over the preserves.
Last December kellogg sued out tenn
porary injunction against all the trespass-
ers whose names could be ascertained and
asked that II be made permanent.
months ago and postponed on account of
the sickness OF one of the attorneys. At
that time the direct evidence Of Charles
W. Kellogg (trustee) was introduced to
show the facts alleged and the damage
done.
On cross-examination to-day he was
questioned SIS TO what other parties had
leases for other purposes on the Cordelia
Club lands.
This j06ioa rad q ,,0;n{ that vr;1I ba ,,o1a
by the defense that while the Cordelia
Club had the right under their lease to
shoot on the grounds they had no right to
prevent others; that, in fact, they were
wanting IN authority under the lease to
prevent tresDassing, 1t transpired from
Mr.. kellogg's evidence that the bag OF
Jour mem bers of the club on the first days
shooting this year was 40 birds, of which
forty-two fell before the presidents gun.
captain Chittenden, gamekeeper OF the
Cordelia Club since 1881, testified as to the
duties he and MS several assistants had to
perform, one of which was TO keep people
from trespassing, "poachers,n he called
them. Judge Gregory, for the defendants,
objected TO the use of the word poacher as
an English importation. That is what
thIs whole concern is" he said, IAN impor-
tation of English customs, and that is WHY
We are fighting it."
Witness testified as TO the particular de-
PENDANTS he had seen shooting on the
grounds and as to the damage they did
j. a. Johnson. one OF the men employed
by the Cordelia Club, testified, on cross
examination, that in many places the
sloughs were navigable for yachts of con-
siderable size. Similar questions were
asked OF the other witnesses.
The point to be made is that if slough
IS navigable any one has right to 60 on it
and shoot, even If he has not the right to
go on the adjacent land.
When the plaintiffs rested the action as
to defendant, F. Prother, was dismissed.
The defense then stated that the only
evidence they desired to offer was lease
for pasturage purpose of the CordeIia Club
land TO other parties. They are willing to
rely upon the weakness OF plaintiffs evil
dence and the law.
Arguments were postponed till next
Wednesday.
The defense willclaim that the plaintiffs
failed to prove conspiracy between the
defendants and that each was acting indi-
vidually. They will also claim that while
the Cordelia Club had right to shoot over
the ground, they had not acquired any
RIGHT m Drpyprr others uDder the leaSa