The sun., 1901-05-25
MORE DEAD GAME SEIZED.
SEARIB or WAhILtItE EIJI Up ~
DER ~ DGE FOSTER'S WARRANT.
Magistrate Branp Anvry nt Game warden for
Destroying Perlshnbls Propcr', without
knowing 10 whom u Pelongrd--wa'f-
house lIcn May He Prosecuted riminaily'

mouse hCn Nay Be prosecutor '"'
Before Gunr arden John l. Oyrrton could
continue hi hunt after out-of-season game
birds yesterday In tho cold storage warehouse
at l2O West street he was obliged 10 Apply
TO Judge Foster IN General Sessions Tor
warrant This action was made necessary
by the Discrimination Of Magistrate Brann to
is'ue another police warrant upon the iueagre
evidence presented 10 him.
when Mr. Overton ur-t descended upon
N" West strr"t warehouse on Thursday he
did 80 upon a warrant signed 10y MHSSUal"
Rranu. to whom had been submitted q sworn
complaint thHt game birds were, contrary !"
law stored IN the plncc This warrant was
returned yesterday IN the Centre street police
court by PatrOlman Harrington, who sald
that over 2lOO bird, had been Sel2"d Mr.
Overton asked for permission ~ prosecute"
. further eolr.u
The game warden produced no evidence
of auv Kind 20 back up his request where
upon Magistrate Rrann became somewhat
angry lie utimated that the case had been
misrcpreseuted to HIM and condemned the
apparent action Of tho game warden IN d"-
stroyiuy pcrishahle pr orerty without irst
determining whether the warehouse Keep
crs knew " the content or 'hc barrels which
had been committed 30 their care for pre-
scrvatlon These mcn. Magistrate Brown
said. arc taking rcrishlhl" products ana
throwing them where they are apt 10 spoil
and tai, may make me- personally responsi-
bic The warrant | issued Yesterday has
been returned and | wont consider whether
or not would be Justified IN issuing another
wurr4n' without further rvd"nc"
julius OTonbach who arI cured as counsel
for the warchouscmon insisted that the
game wnrdcu had no right - open packages
and barrcl. and ho added thl' nnjho previous
duy many domestic ducks AMI chickens which
did not como under N" closed season law
we're etrewu about tho ioor and spoiled II
amounted practically 'o malicious mischief.
for which some one would he held responsible
Assistant District Attorney Walsh took
is-ue with Mr. OIsnblch uder the law,
lo said "uf course these game protectors
con open every box and hurrel IN which they
suspect game IS ~ccretet The law was made
70 prevent cold storage men from buying
game birds in season. putting them IN storage
and then selling them ont Of season j docs
not make any diTorance whether The birds
we're killed one or ten ysarsago ltt-agalust
the law To have them IN ones possession ia
thi, state.
Walsh aud Overtou lcr, tho court without
porsistIug ia Their appicutipn Later IN the
dnv thov went before judge Foster who at
ouco granted thcM TIE authority th"v sought.
Nuel.'rat" RrGun said ait"rward that he
had not declined TO make out "A wRrThhl nor
had no. undo any lnvidiou~ comment on me
cg-o. except to point out That some ru'Ai
gentlemen were apparently eAdeaVoflhR
T. place him in = position whore b" Nouh Dee
personally liable for the destruction "t
. ,rnrd with Judge Fosters mandate. Mr.
Overton aud hls deputies went at once 70
West street and Resumed their '~HItA pc
fore they QvIt work ,u-' evening 'l"N hAb
evaurlre1 'le content ~ two nor rooms
nrd haI opened hoves and barrels in which
were packed NOR" tLan gu'p gam" hirds, M
Among tho prohihr"l birds Mr. ov"r'"n
e1,I rerc discovered numbers of French
rhassauts which lt was ilt"gl. 20 III! at suN
I'm" A. vet VIZ Uysrion q, nns'.G .s ~ ,,l ro
IN storage There are Alto g"'l"r 0fty rooms
in the building II ia stated Nv m" pro
pri"fors Of the warehouse that ten ~ 'he'e
rooms contain onlv vogo'Rhl"s
Just what disposition will he made ~ the
captured stock and what grnocedirgs viii
l." taken against 7 Bo1'W9nh ant II Il.
J1hIrson. Who own the p0rehouse. has not
yet nc-u aecidei upon The usual Lrac'lce
= distributing e~i2ol goods among the hos
ptuls wall not %" followed In tms case. lie
On MO- tIv4 Al distributed - hospitals Iucs NOT
Tcarh ne patients. rs Was shown IN the recent
instance y a consignment sent 10 a city hos
ri'ql Tho authorities Of that institution
OnnV ypnIsnn &c. wore not eN1Ctlv appru-
pirate food fur sick people. hut that the con-
ts~qtel birds would not 10 pvt upon The
MARKET A-s,s'ant District Attorney Walsh
sid vas.rriav that until Mr. Overton had
finished HE search the question NJ rrosecu.
ION would uu' be considered lle explained
Tia; In Wow q tho mpossihhtv Of collecting
n million tullar Nne II might hA determined
T. institute criminal proceedings