Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1906-12-14
JAMAICA.
Respondents Acquitted In Deer Shooting
Case.

The case of state VS.. Robert and Ralph
Parsons Of Wardsboro for the Illegal kill
ing Of a deer in Stratton during the open
season was heard before Justice E w.
Blodgett In the probate court room in
Brattleboro on Friday, Dec. T. States At
torney r. G. Bacon appearing for the
prosecution and A. V. d. Piper OF Jamaica
for the respondents.
Before the trial Of the case Mr.. Piper
moved that the complaint be quashed on
the grounds that It had never been prop
erly sworn to before a magistrate, that
while It purported on the face to be on
the complaint OF H. D. Ryder, states at
torney, that official never had anything to
do with It; this motion was overruled by
the court, but II was brought out later
in the case that the facts as to the com
plant were substantially as Mr. Piper
claimed; that County Fish and Game
Warden A. w. ]. wilkins was the real
complainant that he procured the blank
complaint at the Office OF Haskins &
Schwenk and either filed II out OF had II
filled out by someone other than the
states attorney and that while it was
signed by william S. Newton, no one ever
appeared before that justice except Game
Warden Wilkins.
Mr.. Piper very severely scored Oficer
Wilkins for his action in the matter, tell
ing him that in bringing the case to Brat
tleboro he acted contrary to the best in
terests Of the state or I'm justice to the re-
spondents. and that his action I'm so do
ing was solely for the purpose Of suiting
his own convenience, which Mr.. Wilkins
admitted to be so. although he knew at
the time he did 1t that he was making the
costs either to the state or to the re-
spOndents more than twice what they
would have been had the hearing been
held in the town OF Wardsboro. where
the parties and witnesses, Is in all, lived.
Mr.. Piper further said that the states
attorney had been very fair in the matter
and previous to seeing wilkins had agreed
to try the case at Jamaica, but that VIII
kins made such strenuous objections to
this that the case was finally called in
Brattleboro.
The state introduced evidence TO show
that Robert Parsons had told several par
ties in Stratton that during the deer sea-
son he had shot at small buck near the
Charles Lowe place and blown the liver
out Of it," but that he had been unable
to find the animal, that Cyrus Knapp on
Saturday afternoon. Oct %, the last day
Of the deer season, found a small buck
deer with horns about one and one-half
inch long In piece OF woods about thirty
rods back OF the Charles Lowe place and
that it had been shot through the body,
that the liver and heart and some Of the
intestines were blown out The head of
the deer was produced in court. The state
also showed that Ralph Parsons told par
ties on Saturday afternoon, Oct o. that
I'VE have got deer"
At the close Of the states evidence Mr..
Piper moved that the respondents be dis
charged for want OF proof. Mr. Bacon
admitted that there was practically no
evidence against Ralph Parsons and that
II no further evidence against him was
brought out by the defense he would move
at the close of the case that his respond
ent be discharged. which he did
The defense then showed that the re-
spondent, Robert Parsons. did shoot at a
buck back of the Charles Lowe place, but
that 1t had a good set of anters, that at
the time he shot there were three others
there who either saw or heard him shoot
and that all of them saw the deer. that
all four followed this wounded buck until
dark, that at one place TREY came across
a large spot OF clotted blood: that Robert
Parsons remarked that it was a piece Of
the deer's liver but that one of the others
felt of il and pronounced 1t blood; II was
further admitted that the respondent,
Robert Parsons, did tell Of shooting, as
the states witness testified. but contended
that 1t was this buck with antlers which
he referred to- that Ralph Parsons did
make the remark accredited to him, but
that he referred to a deer shot by one Ed.
Woods, who was in their party-shot that
morning.
Both respondents were discharged and
the costs Of prosecution, SIS, were taxed
to the state.
There was a large attendance at the
hearing out of courtesy TO Justice Blod-
gett, it being his first case since entering
upon the duties OF his office. 1t would
seem that a little more careful investiga-
ton on the part OF the game warden and
the bringing, in the future. OF this class OF
cases at the place nearest to the parties
and witnesses and not where it best suits
the convenience of the game warden,
would be a saving in the matter of costs
Had the above case been tried in Wards
boro the costs would, not have exceeded
$40. II we are to have wardens to en-
force our game laws they should be men
who will do so in a manner best suited
to the interests of the state and In fair
ness to the respondents.