The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1903-10-06
CALLS GAME SEIZURE
HIGHWAY ROBBERY
Commission Man to Prosecute
Minnesota Officers Who
Confiscated His Ducks.


$500 wild ducks near the Iowa state
line last week, S. F. Fullerton, ex-
ecutive agent of the state game and
fish commission, proclaimed that to be
the largest number of birds ever con-
fiscated in one lot by the department.
Now comes ]. Marion Miller from
Chicago, as the representative of per-
sons who claim ownership to the game,
and he is willing to give the game and
fish commission credit for a much
larger piece of work than was even
stated. In fact, he declares there were
1000 of the birds, and he is in ST. Paul
for the purpose of finding out, if he
can, what has become of the 5000 that
do not appear to have been accounted
for in the shipment made to this city,
or at least in the reports of that ship
ment that have been made to the po-
lice.
Mr.. Miller, who is at the Merchants
hotel, says he represents w. J. Con-
ley, a commission merchant of Du-
-buque, Iowa, and that Mr.. Conley is
the owner of the game that was seized.
TO a representative of T he G ! o b e
Mr.. Miller said yesterday:
Calls Seizure Highway Robbery.
There are two sides to this story
and the st. Paul newspapers have thus
far only been able to get one side. AS
a matter of fact, there was 1000 birds
on those wagons that.were stopped by
the representatives of the game and
fish commission of this state, and the
so-called seizure was nothing more or
less than highway robbery.
1.-The wagons were. in Iowa just out
side the town of Montgomery when
they were held up by the Minnesota
officers, who, l understand, are Capt.
Bird, deputy game warden, Sheriff
Dunn, of Jackson, and a man named
Schaffenberg. The others represented
wagons as the game warden of the
state Of Iowa, and then, at the point
of a gun, compelled the drivers to go
into Minnesota. AT Jackson the
drivers were arrested, and then under
promise of absolute secrecy as to the
manner in which the seizure was made,
they were released.
1--WE are prepared to prove that of
the 1000 birds on those wagons $500
were not shot in Minnesota and had
never been in Minnesota until they
were brought here under orders of the
officers from this state at the time Of
the alleged arrest.
Says Birds Were Shot in Iowa.
the lakes near Montgomery and had
been packed in ice at Montgomery
waiting to be shipped to Dubuque. The
other SEQ birds were shot in Minnesota
and came from this side of the line.
Mr. Conley will not deny that fact, and
will assume all responsibility for the
removal of the birds from this state
to Iowa. We contend that there has
been no offense in that, but if it can
be proven that there has been, we are
willing to take the consequences.
'It is OlIr DurDOSo TO first begin
criminal prosecution and action will be
brought at Spirit Lake, the seat of the
county in which Montgomery is located,
against Capt. Bird and Sheriff Dunn
We will charge them with impersonat-
ing an officer, with highway robbery,
and with having arrested our men in
the state of Iowa without authority of
law, and having brought them back
into Minnesota without legal process.
Mr.. Conley will await the outcome of
these cases and may then bring action
in the federal court under the Lacy
law"
Mr.. Miller admitted that the drivers
o. the wagons all lived in Lakefield,
Mimi, or in that vicinity, and that the
boxes in which the ducks were packed
and the wagons on which they were
loaded all came from Lakefield. When
asked if he did not consider in the
light of those facts he would have some
difficulty in establishing in court the
belief that the larger part of the ducks
belonged in Iowa, he said that he was
prepared to prove that such was the
case.
Mr.. Miller had not seen Mr. Full ,rton
but the latter when told Mr.. Miller's
assertions denied most of them prompt
ly He said:
1--WE had men watching tIht entire
lot of ducks in Lakefield, and they fol-
lowed the wagons from Lakefield to
the place where the seizure was made,
so they know just where they came
from. L do not know just what repre-
sensations Capt. Bird or Sheriff Dunn
made to the drivers of the wagons;
but do know that Schaffenberg was
not with them, and for that reason
they could not have represented him as
the game warden of the state of Iowa.
AS to the statement that there were
1000 of the ducks, 1 must say that I
consider 1t ridiculous. l have not re-
ceived any official report yet as to the
number, but can tell from the bills of
lading that got from the express COM
pany that there could not have been
any such number.
In the first freight Bill received we
We're charged for $500 pounds for the
shipment, and allowing two pounds to
the duck, which is a small estimate I
inquired that there must be something
over 1000 BIRDS ThenI got another bill
for 1000 pounds. and increased my es-
innate accordingly, but when 1 found
that the birds We're packed with big
cake of ice in each box, thought per-
haps the first guess might be all right.
Il have not handled the ducks and
do not know how many there are. but
do know that there cannot be as many
as 1000. When Mr. Conley ar whoever
he may be, is ready to begin his action