The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1903-08-22
ON U. S. WARRANT
w. D. Hibbon, Manager of
Wells argo Arrested.
FOR SHIPPING PLOVER
@. Stocker SWore Out Warrant
Under Lacey Law.

w D. Hibbon, manager Of the Wells
Fargo Express company's Office in this
city, was arrested yesterday afternoon
on 2 United States warrant charging him
with violating the Lacey bill governing
the interstate shipment of game MI.
Hibbon was araigned before L. S. Com
missioner J. J. Sherman and entered a
plea of not guilty. His bond was fixed at
$500, which he gave The case will be
tried before Commissioner Sherman,
but the date of the hearing had not been
fixed yesterday.
The warrant was sworn out by Game
Warden 0. B. Stocker yesterday and was
served yesterday by United States Mar
shall c. f. Bi3dle In the warrant it is
charged that 81 plover were accepted for
shipment to a Mr.. NJ. Judy of st. Louis,
Mo on the 18th of this month at the
Weils-Fargo Office in this city. 1t fur
Their states that the shipment was found
at the Wells-Fargo Office on the morn
ing of the 18th by Q. b. Stocker and
Policeman Remspear and that the box
containing the seven dozen birds was con-
fiscate1 and taken to police headquarters
where the contents were examined. 1t
is further charged that the express pack
age was not marked in accordance with
the requirements of the Lacey game law
as it did not have the name of the
shipper and the species and number of the
birds stamped on the cover of the pack
age.
An account of the confiscation of the
plover was given in the Eagle at the
time it occurred and it was stated that
Game Warden Stocker would not take
out a warrant until the express people
in this city had time 10 communicate
with the head office and learn whether
the company would enter plea of guilty
and pay their fine without having the
warrant sworn out. Mr. Stocker waited
a week and yesterday decided that the
company did not intend to settle unless
forced to. and began action against
them through their agent.
Mr. Stocker said yesterday: This is
the first arrest that has been made in
this city for violation Of the Lacey law
for over two years and l believe the
express company will contest it as a sort
of test case TO see what can be done for
accepting game shipments All of the
express companies and the spoTtsmen are
watching the case with a great deakL of
interest. 1 represent the league of Ameri-
can Sportsmen and believe that 1 have
a good case. We will push the pro-
secution to show the express companies
that they will be arrested and prose-
cuted for all violations of the laws
governing the interstate shipments of
game
The Lacey law prohibits the shipment
of plover out of Kansas and states that
either the express company, its agent.
the employee who accepted the shipment.
or the shipper may be arrested and if
proven guilty may be fined not more
than 500 and costs and may be committed
till such fine is paid 1t also states that
if the birds are found in the possession
of an express company that will be ac-
cepted as 'primae faciae' evidence of
guilt.
When seen yesterday Mr.. Hibbon had
nothing to say in regard TO his arrest
but il is generally understood that he
is acting under the advice of the COM
pany and that the Wells-Fargo people
intend TO make a test of this case.