The sun. [volume] (New York [N.Y.]) 1833-1916, 1898-03-04
SMITHS RABBIT HUNT.


The Gano and Fish Co1miasIOnor Acquitted OF
the Charge or UsinG q Ferret.
Game and Fish COMMISSIONS George l. Smith
and Edward Spaeth, q skate manufacturer OF
Newark. were twice before Justice Rawle of
that city yesterday for having attempted to kill
q rabbit after 1t had been driven from q hole by
a ferret, o violation of the law which placed Mr..
Smith in O most equivocal position IL the charge
could be proved. The case came up on Saturday
afternoon recently In Warren county. where Mr..
Smith and Mr.. Spaeth were hunting in
November. but they would not go to the country
Squirrels court and take the chances. They were
justified in refusing. because Saturday afternoon
Is q half holiday in New Jersey. They arranged
for trial, however. by calling upon Fish and
Game Warden George Riley of Newark to arrest
them and take them before Justice s. Perit
Rawle Of that city. The prosecution yesterday
was conducted by Francis ]. Swayze on behalf
of the Fish and Game Commission. of which Mr..
Smith Is q member. Tho counsel for the defence
was Joseph Coult.
In the hunting party which went out from
Jobnsonburg. Warren county. that November
morning were Mr.. Smith. Mr.. Spaeth. Frank L.
Phillips, and Lieut.. Melvin w. Rowell, U. s. A.,
of Newark. They were attended by Nelson
Booth, Mat Terhune. and Clinton Kerr OF John.
sonburE, and shortly afterward were followed
oul W eVotbS Ns '"' tNN ~ sS
village. Dali went on the witness stand yester-
day and testified that he had Q ferret in his
pocket. The hunters had holed q rabbit. and
were standing around when he went up to Mr..
smith and told him that he had a ferret. Mr..
s%Ith bs W .sid s0 To s s.fIan SY s%' know lpST / ' aS T a FIJI;
and Game Commissioner. and ~ would not do
NJ rH R, said sns i With = sSs: Of ? w lspFh Sao ist % lied
hole and put the ferret IN: MI Smith came up
I daa9 a Ms; s IN sss , .my ferr nis ' re- r st{ite Game
out, and Mr.. SpAeth shot at 1t and missed 1t.
Then Booth shot ana killed tho rabbit. Others
shot ~ 1t, too. but Mr.. Smith had walked away
Clinton G. Kerr followed and said that he had
been arrested and fined for his part In the hunt,
and he corroborated Balls testimony In regard
to what had happened Thsn The rspoit Msss
the rabbit. He did mot think that Mr.; Smith
saw the rabbit. but was not sure no did not.
Kerr did not see the ferret himself.
about the hunt. except that he killed a rabbit
that day. but was not sure whether y was the one
In question or not. Frank L. Phillips candidly
told all he knew about the matter and admitted
testified In his own behalf and said that he did
not sec the ferret and did not give the word to
shoot until assured that there was no ferret
he said. Bail replied: oh. / was only foollng
about the ferret. have no forret.' Mr.. Smith
thought itowell killed the rabbit, MIR. Spaeth
that he did not see the little enemy Of tho
rabbits.
Justice Rawle decided IN favor Of he dcfonG-
ans. Tn" lawyer lOr the prosecution al once
the case against MCssrs. Smith and Spdcth.
Landlord Bnll was arrested some time ngo for
using the ferret In this hunt, and 1t cost him
oNe or 500 In fines and costs.