The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1902-10-01
BIRDS LOOKED ALIKE
DOANELLY AND CANNON DON'T
DENY THE PARTRIDGES
St. Paul Lawyers Accused by Fuller
ton of Having Protected Game in
Their Possession Are on Trial
Newspaper Man is Expert Witness
for Prosecution.

! The trial of Stan J. Donnelly and E.
| J. Cannon, two st. Paul attorneys, for
| violating the state game law, was be-
| gun yesterday before Judge Finehout
! in the police court. AT the conclusion
| of the testimony for the state, the hear
| ing was continued till this morning,
| when motion will be made by j. D.
| O'Brien, counsel for the defendants,
| to dismiss the complaint.
The prosecution yesterday was con-
| Quoted by Charles J. Berryhill, ap-
! pearing for the attorney general, and
| Samuel f. Fullerton, the executive
agent of the state fish and game COM
| mission, on whose complaint the
| charges were laid, 7
| Mr.. Fullerton testified that on Sept
| he met the defendants on the train
returning from shooting trip at Wa
| dena, MINI. His attention was called
| by the editor of Forest and Stream,
! who was also a passenger, to the fact
| that the sportsmen's string of prairie
| chickens contained two cartridges. On
| investigation he found this to be true
and when the train arrived in ST. Paul
| he had taken possession of the unsea-
| sonable birds and had since kept them
| in cold storage aug.-,5s5
The cartridges were admitted in evil
dence in spite of being little high"
chickens.
Il spoke to the defendants about the
birds before we left the car" continued
| the game warden.
you've got cartridges there I said,
and Mr.. Cannon replied, well, you see
we've been shooting in the bush, and
it was mighty hard sometimes to tell
what we were shooting"
"When we reached st. Paul I waited
in he 81, ~ he DILL
till Donnelly came back, and then told
him that 1 was going to take the part
ridges. He did not deny the ownership
of the birds"
Mr.. O'Brien's cross examination drew
from the witness the admission that
| there is a considerable similarity in
appearance and habits between the
prairie chicken and the partridge or
ruf1ed grouse.
Might Mistake the Birds.
Eyes," he said reluctantly, "a hunter
might mistake partridge for a chick
en-. 1 might perhaps make such mis-
take myself under certain circum-
stances"
K. W. Mckay, the porter on the
Pullman car on which the hunters trav-
eled, had seen the hunters board the
train at Wadena with their string Of
birds, which he had hung up in the
wash room of the car.
Are you sure that it was not the
clerk in the hotel at Wadena that put
those birds on the carr" asked Mr..
OBrien.
Eyes, sub; sutinly, sub; not at all,
sub, unless Mr.. Cannon or Mr.. Donnel-
ly is a hotel clerk, suh," replied the
porter, swelling with pride in his be-
lief that he had hit the defendants
lawyer in the solar plexus.
Henry Maybury, who drove the de-
PENDANTS wagon during their hunting
excursion, told the court that he had
seen the discriminating birds on Sept. 1,
when one Of them had been put in the
vehicle by each of the sportsmen. This
had occurred ten miles south of Wa
dena, and he had not seen the part
ridges afterwards, or noticed whether
the defendants had taken them out of
the wagon when they got back to town.
Newspaper Man Is Expert.
The last witness for the prosecu-
ton was William c.. Handy of the
Pioneer Press. Mr.. Handy had been up
the state on shooting tour with War
den Fullerton and was returning on
the same train. He saw the defend
ants birds hanging in the wash room
of the car and saw a partridge among
them. He did not see two cartridges
until the birds had been cut out Of
the bunch by Mr.. Fullerton. The de-
PENDANTS had told him that the birds
which he had seen hanging in the wash
room belonged to them.
Under cross examination the witness
declared that the partridge is a very
different bird from the prairie chicken.
They were not alike in appearance or
flight, Mr.. Handy said, and an expert
hunter would not be liable to mistake
one for the other.
This constituted the states case and
Judge Finehout announced that the
hearing would be resumed at 10 o'clock
today