The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-06-27
As TO THE SUCCULENT QUAIL
EXPERT DISSENTING OPINION
I'TOM JUSTICE TRUaX,
Who Likes quail. In Season, rs Well as His
colleagues, ami Admits II, but Doesn't
Agree with Them as to Evidence OF
LawbreakinG at q Supper At "Jack's."

Agree With Them as to Evidence or
Lawbreaking At Supper At "Jack's."
Ia the literature Of good living an en-
ter'alning page was added yesterday by
Justice Charles H. Truax of the Supreme
Court. when the opportunity for an ex-
preston Of expert opinion on the ways Of
preparing quail for the table came up
there. on appeal in the case of Jacks"
restaurant, which had been accused Of
seV.ng the birds out Of season.
Justice Truax hss a well-earned repu,a-
non as a judge OF coed eating. Whenever
famous old cellar Is to be sold, the Just ice
is there to bid on the most priced bottles
At the Manhattan Club, of which he is The
president, quail Ia served lin season. 4 la
7riax, II is told Of him that by feeling
OF the left wing OF quail he can tell in
what field it futtered last Since Chamber
lin died. he has had no peer in picking a
canvasback They hold themselves fort
innate who have learned from the judicial
lips how terrapin should be done or what
a real malard is. On the two important
questions Of birds and bottles, Truax j.,
has never been reversed.
1t was as member OF the Appellat
Term-the intermediate place of appeal
on the way to the Appellate Division
that Justice Truax wrote the opinion handed
down Yesterday for guidance in law aid
IN cooking quail, Justice Freedman and
Justice Gioiersleeve did not agree vii him
on The legal question at issue, 80 Justice
1ru-x's views are contained in di ssent-
Ing opinion. He says:
am as fond of quail in season md out Of
reason. "A In broch'. an laurier, au gratin,
aux altucs, en- croustades. i'Anglaise.
aux ,ruCTes. a Ia poalc a In cendre. nux tcre
vi.sns sons /, cn,,,ro nm s,lnicon an com
,o,o nm ba silic o.n;c ai,ntno nhamafroid
hiscns ~ .susii na,a ,Sa,I ,r',,rta dn n,ai,
-, an,. 'm pow ai,h .o,oe y, uuas
so;a,os "'h h, wy, u" Is ean.r u; p". .h VI '
S'ns reached by them .
IT Is alleged IN the complaint IN this action.
and admitted by the answer. that the de-
PENDANTS John Dunston and others) were
engaged in business at 1911 and 1888 Sixth
,ha, the business carried on there was that
OF a restaurant. On the trial the witnesses
allied i a restaurant. and it was frequently
referred 20 a. the premises OF the defendant
snn as NJ. funston resta urahi
cha sed on the preses in ~ ire p%
Be- 9 wf hs s wfG s sp ns
turbed by the defendants, and but one con-
and that is that the deie Zen d had quail In
i .r vi, oas e 'ne '"' 'ee''eo 70 os 'he
p, ra on .'"t T., t,, o l;..,.
me Isvo'u ~, I've T rha oiscloseo many
Iohn nverton S,ate oams ,,rn,o,tor
whose palate has been 50 pampered in
pursuit OF restaurant iawbreakers that his
ear trumpet Mr.. Overton invited Franklin
n Wood, a mercantile renorter. and two
Young women to dine with him. one night
m feDruarv. lSo<. ihelr companions were
Miss Cancier, a ,stenographer in Mr.. Over
Tbey ' vent ' to aJaok ' in Si1,b avenue,
noted as a place where few people eat break.
Mr.. Overton ordered four quail, regardless
sny He came back s While Hai later t" sd
ported that the birds, were ON the fire.
Ihey were served ana Mr. Oyerton kept
small piece OF ms bird az evidence The
remember what else they had, except
oysters. The state, he said, allowed him
t2saa day for expenses IN getting evidence
OF this character. On this night they ate
up five days allowance at once.
Mr.. Overton testified that he used to
sell potatoes and apples. hut had hunted
game all his life. His official occupation
had taken him to many restaurants, where
he always ordered game that was out of
''o~N
he knew SO much about game,
Mr.. Wood was asked by Municipal
Justice Worcester Of The trial court:
Q. What is the difference between a quail
and pheasant in appearances? A. do not
know thai ,r ! could ten yon anaiyucaily. but
a vow WIN lay '"e 'N' oe'o'e "'e could
o'I 1 VIVA !. tho dirrcrencs betvse, . or
fridge and a quail! 1. ful-erown bar
fridge is twice as large. There isn't great
deal Of difference IL the meat or It's appear
anco, but believe the meat OF n quail Is some
wat nI Winter, ne neqt a, HI a mature Gnai
10 pn Vnn Know what Eevptian ",,si "a
Know What they cali ar, Egvpt ian nual
They are reed birds. They arc very much
smaller than ounil; not larger. in fact. than an
English sparrow
isn NJ. o.casd a amai IN .he southern
Iirds What l. GENERALLY Known s'a ana
eaten ~ quail doesn't diner ANYWHERE CIV"
have lived in North Carolina and ought to
know. In Georgia they call the quail a par
have 4 right TO name their own birdu