The news & observer., 1905-12-30
Man Who Killed Mockinq-
bird Convicted.
Future of the Singer. The Blue Bird
a Fighter. The Crcak Of the
Rain-CroW. Mocking Birds
Now Silent.

killing Of a mocking bird on the end
of Blount street extended.
Justice Barbee at first sentenced
the defendant 10 ten days imprlson-
ment, but upon the intercession OF
friends finally reduced the judgment
of the court 10 Il fine OF one dollar
and costs.
The name of the defendant was
Walter Wilson and it was in evidence
that he had shot the bird OH We'd
nesday with d breech loader While
the shooting was without the corpor-
ate limits, it was practically within
the city, since Blount street stops at
the propertN of the Pilot Mills, in the
North OF Raleigh, and is well built
up yith residences throughout its
entire tength. The killing of the
bird was "a Wanton violation Of the
law.
The case was prosecuted by Game
Warden UDchurch. who has recently
Eastern North Carolina. Like all
prosecutions under the Audubon law
it was intended tC he educational
as well as corrective and the warden
did not object to the reduction of the
magistrates sentence.
Upon the trial in the case Wilson
plead in justification that had@ not
known that the bird was a mockinG
bird at the time he shot, but thought
that he was shooting a cuckoo" As
the cuckoo, or as it is popularity
known the "rain-croW," is also a
bird. protected by statute the defense
was neither legal nor reasonable.
In the case at hand the ends of
Justice have probably been met, but
it is gratifying that the conviction
should have followed so promptly up
on the offense. The killing of the
mocking bird, particularly, is prop
erly considered crime against So
ciety. It has been but a few years
since the whole city was filled with
these shakespeare songSterS and
their determination from one or an
ether cause has been Il source Of the
greatest regret. Moclling birds are
capable almost of domesticity in
wild state. If not disturbed they VIII
live for the year round in n garden
and nest for successive seasons in the
same tree. Whole colonies of mock
ing birds may be developed in the
same locality. They seem, in part
to migrate though many stay n
home during the entire winter. Srhose
that go off almost invariably return.
Within the past few years the mock
ing birds, which had been ruthless
" destroyed seemed TO be gaining
ground again. The reform was
doubtless properly attributed to the
Audubon society.
Their destruction in the first in
stance aside from the ravages of
small boys on their nests as well
on the birds themselves was augmen-
ted by the capture of fiedglings Tor
sale as songsters. AS a cage
bird the mocking bird is u
great singer but scarcely hardy.
he needs the open air and liberty
to keep his health. 1t was supposed
also, that the English sparrow had
tended to drive away the birds, but
the increase in their number since
the passage of the Audubon act beiies
that supposition The English spar
row has been to a great extent 5iam-
ed for a diminution OF song birds
which was due to other causes
Particularly has the sparrow been
charged with running away the blue
bird, which a decade ago was COM
mon in the city and neSted IN the
chimneys of many residences ana III
old apple trees in city gardens. Never
was an allegation more unfounded.
Fighter that ne is, the English spar
row is no match for the inoffensive
and mild looking blue bird. when IL
comes TO hostililies. The blue bird,
can, in fact, whip almost any teatn-
cred creature under the grade OF
eagle. The far-famed bee marten
kept at many farm houses as an eI-
fective protection against hawks, Is
actually run out of his home in the
hanging gourds provided for him py
the blue birds, SO that farmers fire.
auently violate the Audubon law by
kirling them for the protection or the
martens The marten has an inbred
battered of the hawk and will attack
him on sight; the blue bird, on the
contrary fights only when attacked
or when he is making as 1t were u
raid for new territory. But the de-
struction Of the blue bird IS due to eX-
tremefy cold winters or TO human
agencies. No bird can finish him.
WHY any one should wish TO Shoot
a mocking bird is incomprehensible
He is not fit to eat, a mere button OF
body on which is hung al soul. He
is all muscle and nerves and en-
ergy. Even the neck. from which
there flows a volume of melody
worthy of a pipe organ, Is sindl'
affair, grdled with expanding ten
dons. The mocking bird Is absolutely
fit for nothing except the free priVii.
eye Of song Given a warm night
and p. clear. thin atmosphere, he Will
unbosom himself in am hour OF more
noetrv than the heart OF man has
dreamed. He will touch the ear
with, beauty until the eye can sum-
mon a picture of heavenly radiance.
He can fathom the deeps Of the soul,
speak to the desire of al lover, sound
the ultimate of grief and contute q
doubt of heaven with the earthly IN
depreciation of an Angels song. 10
Kill a thing like that-to convert q
passionate and lyric idealizer of al!
the beauty there is in sound to lump
of drab grey and white feathers IS
something more than a crime against
the statute; it is Il brute deflance
of that deeper law of the symphonic
harmony of creation.
Mr.. Wilson'S explanation that he
had thought that he was killing q
cuckoo is scarcely a defense in any
respect The raincrow is a rare blrd
and a shy without music in his note
his rare song is nevertheless charm
! ing expression of bird life. 1t mas
a sadness and a touch of awe about
| it. 1t is like wall. mournful and
| resigned a hint of the inevitable
The croak is not really l croak, II
| that there is III it no satire only the
/ pathos which no one can eS-
cape. 1t is like a remin Ter or lhlngs
! held in the BACKGROUND. vct sWePt-
ened and told without bitterness arc
I IL. I'm P1Ic!<n0 iG l1tJle