Evening star. [volume] (Washington, D.C.) 1854-1972, 1896-11-21
DEFINITION OF SNARE.
Hearing of Case for Alleged Viola
ton of the Game LAW.

nearing OF SuHe fOF Alleged Viola.
ton of the Game Law.
Hearing of the charge of violating the
game law preferred against Messrs. Ham
Glays and Thomas Young occupied the at
tenton of Judge Miller in the Police Court
this afternoon. After the Introduction of
testimony and arguments by counsel. Mr..
A. r. Mullowney for the government and
Mr. c. Maurice Smith for the defendants,
the court announced that he desired to
consult authorities, and the case went over
till Monday.
1t will be remembered that Glays and
Young were placed under arrest last Satur-
day night while they were In a rowboat on
the river at d point between Four-mile
Run and the powder magazine. the arrest
being made by Policemen Perry. Auldridge
and Kelly, who were also in a boat. A
large lamp. lighted with a reflector. was
found on the boat of the defendants, and
within was shotgun. They We're charged
with violating the game law in that the
lamp was used as a snare to attract water
fowls; and the hearing this afternoon de-
volved on the question of what constitutes
a snare.
The policemen mentioned testified that the
light on the boat was plainly visible from a
long distance. 1t required fifteen minutes
of hard rowing. they said, to reach the
boat after first placing the light.
Robert Ferguson. who said that he has
been shooting ducks for ten years past, was
called As an expert. Such a light as the one
found on the boat Of the defendants he
testified. was usually operated in order to
see tn, ducks and blind them. Witness
testified that 1t often happens that fowls
ny against the lamps with such force as to
smash the glass
Mr.. Lee Hennins. Policeman Kelly and a
MI Barry gave testimony similar to that
OF Mr.. Ferguson
Attorney Smith at this point stated that
hn f~,x
the intention of preventing the capture of
lucks by other means than shooting He
thereupon asked for the discharge of his
clients on the ground that no proof had
been presented to show that they used a
trap. net Or snare, and. therefore no case
RAD been made out against them.
MT. NuiioWney commended to the con-
trary. The law. he said was ii;ended 10
prevent any kind of pot-huntine, to pre-
vent slaughter. to protect the birds and
give them chance for their lives In his
opinion the lamp in question was clearly
a snare.
Webster's Unabridged Dictionary was re-
Tered to for the definition of the word
snare. Attorney Smith argued that snare
WORD has a specific meaning, SAID Mr..
smith, and only one meaning. Give the
word Its natural import" he said Mr..
Iistrfct Attorney. you might just as well
snare. and then point to this Iamn and
declare 1t to be snare. Webster in his
dictionary says it Is not a snare and Won
cannot Try a man for one thing and charge
him with another. The governments wit:
nesses have said that the light from the
lamp merely confused the ducks 1t did
rot eat&ngle them, as would a snare. and
we do not wish to be convicted on general
principles
Mr.. Mullowney contended that a strata
gem or an ambush is A snare, and he
added, there is no difference between an
automatic contrivance and binding light
when the capture of birds is concerned A
snare, said Mr.. Mullowney. must not nee
eSsarily consist of string and loop. for
Webster uses the qualification "often. > and
does not by any means confine the meaning
OF snare to string and loop
AS stated, TO decision was rendered. as
the subject. "