The independent-reporter., 1910-02-24
WAS It BEAVER OR
OTTER =?
Interesting Case at Mu-
nicipal Court
Some of the Evidence Depended Upon
the Smelling Of It.

Some of the Evidence Depended Upon
the Smelling Of It
An interesting case was tried In the
Municipal court before Judge Law
renee Wednesday afternoon. Mr.. Oil
yer Adams and his son. William Ad-
ans, both of The Forks, were brought
here under arrest charged with TAX
ing beaver in closed time. S. ]. Wal
ton. Esq, appeared for the State, and
Forest Goodwin, Esq. for the respon-
dents.
The arrest was made by Game War
den Pollard, and the chief witness for
the State was Henry Redmond, who
testified that he had found a beaver
tail in a trap set for bear by Oliver
Adams. Further testimony was CIV
en- to the effect that traps were found
ON a beaver dam In closed season.
Exhibits of meat from which the skin
had been removed were shown, and it
was stated that the meat was found
ON Adams premises. A beaver skin
was also exhibited but not as evil
dence. Henry Redmond, witness for
the State, declared that the meat ex-
hibited was the fexh Of a beaver.
Mr.. Halves, witness for the de-
fense, declared emphatically that in
his opinion the meat was that of an
otter, and he was sustained in this
opinion by other witnesses. An otter
might have been taken legally at the
time when the meat was found. AMI
mails that eat fish smell Of fish and
the otter makes fish its chief diet. The
witnesses for the defense were able to
smell the fishy odor of the meat ex-
hibited very distinctly, while Henry
Redmond for the State was lacking In
the sense of smell or had his olfac-
tory nerves educated In a different
school, for he failed to catch the
oti0r tOf fish at all. 1t was also ex-
planned that IL there was slight
beaver smell about the dried flesh that
It was absorbed from the beaver skin
which had been in close proximity
with 1t in transportation. Mr. Hawes
also testified that the meat in evil
dence was taken from between two
clamps, one near the foreleg of an
otter and the other near the tail. and
that an otter Is about It., in. long.
He said that the meat was cut down
the back, and that the thin white
strip showing in the center was TAX
en- from over the belly. Henry Red
mond, recalled, said that the meat
was cut through the belly and that
the thin white strip was taken from
over the back.
In an eloquent plea, counsel for the
defense tried to impress the court
with the probability Of personal feel
ing between Redmond and the trap
pers, and hinted that the beaver tail
found in the bear trap might have
been put there by person having
malicious plans against them. He
said that as a beaver is ffeshed by
cutting through the belly and the
flesh in evidence was cut through the
back It won1d be absurd to make the
claim that the flesh was that of a
beaver. One witness, he said, pre-
sented by the State was not sufficient
to support the charge. and especially
since he was contradicted on many
points somewhat technical about
which the court could not be fully
satisfied.
Attorney S. ]. Walton for the State,
opened with the remark that Oliver
Adams was friend of his, and that
he regretted that he must appear
against him, but that II there were to
be game laws all must obey them,
and being convinced that Adams had
violated the law by taking beaver in
closed season he was bound to pro-
ceed with the prosecution. Adams, he
said, was q pleasant man to 90 into
the woods with-"There are many
good things about oliver Adams"-
but continuing he said: HE has lived
up there In that great forest round
The Forks 20 long without having his
rights Ia the great domain disputed.
that like Alexander selkirk. he feels.
Il am monarch Of all 1 survey. etc."
Continuing he said that he could
not understand how piece Of meat
the siss Of that In evidence Ut was
about sixteen inches lons) could be