Evening star., 1897-06-08
DECLARED TO BE GUILTY
Marketmen Convicted for Having Quails Out
of Season.

In the case of Charles H, John F. and
Frank H. Javins, indicted the efcoth of last
April for violating the District game laws
Chlet Justice Bingham this morning
formally overruled the request of the de-
tense that the jury be directed; 10 return a
Ferdlct or not guilty, and instructed the
jury to render verdict of guilty That
was DONE the defense noing an exception
The defendants will appear for sentence
this afternoon or tomorrow. AMI when that
is done their attorneys, MessEs Blrney a.
Peter, Henry F. Woodard and Walter A.
johnson, will note an appeal to the Court
of Appeals. T. :
The defendants, well-kpown lnarketmen
together with several other dealers, were
indicted for having, the 10th of last March
in their possession for sale six dead part
ridges or quail. at q time without the Dis
trict closed season. The trial was COM
menced in Criminal Court No. yesterday
and, as reported in The Star, the defend
ants admitted the charge, but explained
that the birds were not killed, entrapped or
taken in the District, but were purchas
in St. Louis and shipped here for sale.
Provisions of the Law.
The law alleged to have been violated
makes 1t unlawful for any person to kill,
Ell trap or take certain game, partridges and
quail included, in the District, or to have
possession of or expose for sale such game
during certain months Of the year, March
being one Of the said months. Upon the
conclusion of the testimony, counsel for the
defense reque sted the court to instruct the
jury to return a verdict of not guilty, and
IN support of their motion they submitted
that II the birds were not killed, entrapped
or taken In the District, but were merely
exposed for sale here, they should not be
convicted.
A long argument resulted, counsel for
the defense contending that the law was
er acted not for the protection of game in
ether territory, but simply for the protec-
tlon OF game in the District.
uhey also argued that Congress was
without authority under the Constitution
10 prohibit the purchase of game else VII ere
Ior sale here. Assistant District Attorney
ohiilngton, representing the prosecution
look just the opposite position, of course
s',aii! sun.ni.ting tnat Congress. exercising ex-
elusive jurisdiction over the District g
1ully empowered to prohibit the sale here
OF game and othei goods
Divergence of Opinion.
Chief Justice Bingham reserved his de-
cis.on until today, and in disposing of the
motion this morning he referred to the
great diver gence Of opinion among iurists
IN the matter. In his own opinion the law
in question, properly construed, cannot
bear the construction placed on it by The
district attorney
In view Of the many conflicting judicial
opinions III such cases. and in order that
here by the Court of Appeals. the Judge
said that he would overrule the motion
pro lorna and direct verdict of guilty
Ihere can be no doubt, said the court, that
persons In one state can purchase goods in
original packages in another state even
though the sale of these goods be prohibit
ed In the states to which the goods are
shlpped. but the chief justice explained that
ne could not agree that Congress INTENDED
to prohibit the Introduction into the Dis
trict of game from another territory fo..
sale here. Nevertheless, remarked the
1udge, ne would overrule the motion fo.
the reasons stated by him. and in view OF
the TACT that the government has no right
of an appeal In that way the defendantS
could obtain, on appeal an authoritative
oecision from the Court of Appeals, which
decision would, of course. be- binding on
all courts, while his could not be.
Validity of the Law.
Mr.. Birney suggested that, as the case
was simply brought to test the validity of
the law. the jury sho I'D ,be instructed to
return 4 verdict of guilty as to but one of
the six birds. Mr.. Shillingtop assented,
and, after the defense had noted an ex-
eeption to the courts ruling the verdict.
OF guilty was rendered
The case will at once Be carried to the
Court OF Appeals, but it is hardly possible
70. OBTAIN decision from the appellate tri-
@ Duhai before next fall. The trial of the
cSses against the other indicted parties
WIN pe suspended to await the Court of Ap-
peais decision in the Javihs case
warden sylvestes's Views.
AS game warden Of the Fish and Game
Frotecuve Association of the District. and
as member of the Society for the Protec-
ton of Birds in the District" said Game
warden Sylvester. II am glad to know that
Judge Bingham, in his decision this morn
ing. gave the quail and birds of this Dis
trict and OF the country the benefit OF any
doubt he may have had regarding the an
plfcation of our game law. 1t will prevent
the selling of game trapped in states where
the closed season is In operation in the
District of Columbia, and put an end to
the determination of quail, which is fast
going on by reason Of Inadequate laws AS
many prominent lawyers and judges have
differed on the subject of local laws pre-
venting the sale of imported game It is
probable that the case viii go to the Court
of Appeals. The public viii accent the de-
cision with pleasure"