The daily sentinel., 1899-08-19
MAKING THE "a
LAW A FARCE.
History of the Game Killing
Case at CoHb an-M. Jay
Tell His Side of it.


There being considerable interest re-
garding the arrests that were made in
the Plateau country by Game Warden
B. f. Jay, OF party Of resident and non
r, sident hunters with a deer in their
possession. a Sentinel repor er called on
Mr.. Jay this morning and had him give
in detail history OF the case.
II the people IT the state desire the
game saved to them they will be com
pelled to give the game wardens more
moral support than Mr.. Jay evidently
got at Collbran. FrJm the history OF
the evidence adduced at the trial, It W IS
more of farce than anything else. The
game OF the state belongs to the people
Of the state within proper restrictions
aud without they give the officers OF the
law support it will require but few
years for the non resident hunters to
kill it all of, especially if they are per
mitted to kill out Of season. The fol-
lowing is history OF the interview with
Mr.. Jay:
On August 1Ath, Game Warden B. F.
Jay ARRESTED Zaek Bertholf, Otis Co,k-
ly, W. F. Rice. Owen Coakly, j. M.
Coakly. J. Il. Meyerhof, Bur, Brown,
CIV. Harlow. W. E. Brocsw, w. w.
Roberts, Elmer Sillman and j. w. Glib
son for having in their possession deer.
Mr.. Jay met the party in wagon
drawn by four horses, about five miles
above Collbran, Col RADIO, eight of the
party were 10 the wagon and four were
Just behind on horse back.
The wagon outran MIR, Jay to Collbran;,
there he caught up with them and upon
searching the wagon he found the deer,
took it out and sold it in Collbran.
When the party found that Mr.. Jay
could not be talked out of searching the
wagon, they said "Yes, we have one
deer" and showed it to Mr.. Jay and as
sisted him in taking it out of the wagon.
At the trial eoch sworo that he did not
know that the deer was in the wagon,
and that they were not in possession of
the deer, and that the deer must have
committed suicide by jumping into their
wagon and oying. The jury acquitted
the twelve defendants. nine of whom were
non residents OF the state OF Colorado
who claimed to be millionaires out here
surveying ditch, yet would not buy
their provisions they eat while here, but
killed deer to eat in violation Of the law.
About Collbran after the trial there
was much talk Of perjury, upon the part
Of those who gave such fiippant teeti-
mony, regarding the manner In which
the deer came TO be in the wagon.
Mr.. Jay says that while 1t was possi-
BILE for that deer to have committed sui
eide by jumping into the wagon yet he
does not see how it was possible for the
deer to cut off IT. head, skin, and eat
part Of itself.
II Mr.. Jay had brought the party to
this city. he is sure that they would have
been convicted, but in his desire to let
them out OF the difficulty a. easily as
possible, he lost the case.
Moral, it is evident that all game war
dens must take all cases to the county
seats, however, much it may inconven-
fence the parties.
The first move the defendants made
in the case the justice had no blanks,
and they forced Mr.. Jay without any
blanks and without any forms, to draw
knock out upon somo legal proposition,
but after it was drawn, tho two attor-
neys in the outfit did not dare to attack
it and went to trial upon it.