The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-07-22
No Matter How ID. A. Entsmin'
ger Caught Fish.
Complaint Against Him Found
to Be Defective.
NOT so MR.. j. HENRY.
He Must Stand Trial for ViOlat-
ing Game Laws.
Will Settle Question About
SEEMING in Private Ponds.

AS to the right to take such fish as
there may be in Silver Lake in any old
way was the question which occupied
the attention of Judge Simon of the
city court for awhile this morning. 1t
Will also take up some of the time of
the court tomorrow as the controversy
was not concluded today. -
There Is a state law prohibiting the
taking of fish from waters with nets
or, in fact, in any other way except
by line and hook.
d. G. Curtis, a game warden of the
state, arrested j. Henry and D. A.
Entsminger of Silver Lake some time
ago for taking fish from the lake with
a net.
The cases against them were set for
trial in the city court this morning.
Otis Hungate appeared for the de-
PENDANTS and w. I. Jamison for the
county attorneys office. Mr.. Ents-
minger's case was the first one called.
There was a lot of jockeying around
as to whether or not the case would
be proceeded with because the wit
nesses for the state were not on hand,
but Mr.. Hungate declared that he was
willing to admit that Entsminger had
taken fish from the lake with a net
and Mr.. Jamison said that this was all
the evidence desired and the state
would rest.
Then Mr.. Hungate sprung some
thing of surprise by asking that the
charge against Entsminger be dis
missed because the complaint was de-
fective
After several inquiries from Mr..
Jamison as to how the complaint
was defective Mr.. Hungate announced
with a smile that it failed to state in
specific terms what EntSminger had
been unlawfully fishing for in contra
vention of the law From the word
ing of this complaint" said Mr.. Hun
gate che might have been fishing for
alligators, snakes, white men or black
G Of he of
the law to unlawfully fish for fish and
there is nothing in the complaint to
show that fish was what Mr.. Ents-
minger took out of the lake in the
metz
Mr.. Jamison insisted that the leaving
of the word fish out of the complaint
was a clerical error and wanted to
amend it by having 1t inserted. Judge
Simon decided that 1t was too late to
amend the complaint and dismissed the
charge against Entsminger.
There was the same deficiency in the
complaint against Henry, whose case
was next taken up, but Mr.. Jamison
got the courts consent to amend this
complaint so that it would be valid be =
fore the trial was proceeded with Then
he asked for an adjournment until to-
morrow morning so that the state could
have it's witnesses on hand. This fe-
quest was granted but before the case
was continued Richard F. Hodgins was
permitted to testify for the defendants
as ne na0 maOe plans 10 IedNe the CITY
this afternoon. Mr.. Hodgins testified
that he owned property around Silver
Lake and that as a matter of fact 20
or 25 acres of this property was in the
lake itself as his deed shows. He said
that he had given his tenant on this
property authority to permit Mr.. Henry
and Mr.. Entsminger to fish on that
part of the lake that belonged to him.
1t was in this corner of the lake Henry
is accused of having taken out fish with
a net.
The contention of Henry. Entsminger
and other Silver Lake people is that
the lake is on private property and that
they can take fish from it in any way
they please, regardless of the state law
on the subject, if they have the ner-
mission from the owners of the lake
property.
1t is understood that Dell Travis, the
state fish and game warden, will use
this case as a test one to ascertain
whether or not the state law on fishing
applies to natural lakes that may be
Darts of persons real estate.