The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1902-10-02
LAWYERS ARE GUILTY
SO RULES COURT IN CASE OF s. J.
DONNELLY AND e. J. CANNON
Defendants Swear They Don't Know
Whether They Shot Partridees or
Whether Hotel Clerk Accidentally
Put Birds on Their Strins-WiI Ar
que for New Trial.


Whether Hotel Clerk Accidentally
Put Birds on Their Strins-WiH Ar
que for New Trial.
In view Of the evidence, the court
can reach no other conclusion than
that the defendants have violated the
law"
Thus ruled Judge Ffnehout yester-
day in the case of the state against
Stan j. Donnelly and E. J. Cannon, the
st. Paul lawyers who were charged by
Executive Agent Fullerton, of the state
game and fish commission, with hav-
ing had cartridges in their possession
during the closed season.
The law of 1901" continued the
court, provides that st shall be I'M
lawful to take, kill or have in possess
sion these birds except between the
dates OF Oct and Dec. 1. There is
no valid dispute as to the fact that the
birds We're in possession Of the defend
ants, and that they retained possess
sion Of them for some hours after their
attention was called to the illegality
OF their act. The question of intent,
upon which counsel has insisted, has
nothing to do with the case The pos
session of the birds is the offense.
Furthermore, am inclined to the be-
lief that the well established rule of
law that every man intends the natural
and probable consequences of his acts
applies with especial force to the de-
PENDANTS at bar"
This decision was rendered in the
ponce court yesterday morning at the
conclusion of the defendants testi-
mony in their own behalf The state
had closed it's case Tuesday afternoon.
and the hearing opened yesterday with
n -
plant, made by T. D. O'Brien, defend
ants counsel. Mr.. O'Brien based his
motion on the claim that no offense
had been proved, that the birds had
not been traced directly to the defend
ants, and that criminal intent had not
been shown. Judge Finehout denied
the motion.
DonneIIy Explains 1t.
Mr.. Donnelly took the stand in his
own behalf. He described the coun-
try around Wadena, where the birds
had been shot, as largely covered with
timber and brush, in which it was
easy to mistake the character of a bird
when flushed by hunting dog. The
defendants, witness declared, were
out after prairie chickens only, and
had no intention of shooting part
ridges or ruffed grouse.
Il had no idea that there were any
partridges among the. birds we had
shot. We took our game to the hotel
at Wadena, and gave them to the
clerk who put them in a refrigerator.
Here they were kept till we left on the
evening of Sept. 2, when the clerk took
them from the ice box and carried
them to the train. The first intimation
had that we had some cartridges
among our birds came from Mr.. Full
lerton early the next morning"
r roxre
admitted that after the game warden
had called his attention to the matter
he did not look at the birds or make
any effort to learn the truth of the
charge, and, in fact, had done nothing
until, as the party was leaving the
car on the arrival of the train in ST.
Paul, about II a. m, Mr. Fullerton
cut the birds out Of their string, and
told him that he would give him due
notice when to appear in court.
Mr.. Cannon corroborated the testi-
mony of his law partner and hunting
companion as to the good intentions
of the sportsmen towards the game
law. He also told the history of the
birds whereabouts from the time the
hunters returned from the field to their
leaving Wadena on the night train.
Pleads Possible Mistake.
''The hotel clerk put them in an ice
chest along with some forty or fifty
other birds that had been killed the
same day. When we decided to take
the night train, I went with him to
the refrigerator for the birds.
How many did you have on your
string?' the clerk asked.
Nine on the big string I an
swered.
HE took a piece Of cord, went into
the ice box, and, after some little time,
nn mo xxyif ,tyiv, 90 - TIL til
he carried down to the train, while
carried the smaller string. I do not
know that the birds he gave me were
the same that we had shot. He may
have given us another lot, or made up
the string from birds hanging separ-
ately in the ice box. We learned of
Mr.. Fullerton's presence on the train
as soon as we had left Wadena, but
gave the matter no further thought,
because we had no knowledge of any
grouse among our birds
1T is hard to distinguish between
young chickens and partridges," the
witness declared in closing his testi-
mony. IF the hunter wants to get
the bird, and shoots quickly on it's rise,
he will be liable to frequent mistakes.
If he waits long enough to determine
the character of the bird, he is likely
to lose his game" This closed the tes-
timony.
Persecution Is Charged.
Mr.. O'Brien argued that the question
of intent was the principal issue be-
fore the court, and that as no intent
to kill cartridges had been shown, the
court should discharge the defendants.
He charged Mr.. Fullerton with an ex-
cess Of zeal which had converted his
prosecution into an attempt to perse-
cute the defendants. The whole pro-
ceeding, he commended, was a farce.
"Mr. Fullerton admitted" urged
counsel, that he himself might have
mistaken cartridges for chickens, and
shot one by mistake for the other.
These defendants swear that if they
shot any cartridges, 1t was the result
of unintentional error. How can the
court hold them guilty of crime
against the laws of the state upon
such evidence?"
Charles j. Berryhill, on behalf Of the
state briefly replied to Mr.. O'Brien's
argument, and the court delivered it's
decision as quoted above. The case
was continued till Oct. 10, when mo-
ton for a new trial will be argued. If
that is denied, sentence will be passed.