New-York tribune., 1910-08-26
GAME SCANDAL UNVEILED
Vio|ators of the Laws Escaped
with Small Penalties or None.
STUYVESANT FISH GOT OFF
Sherry Compromised $4,000
Penalty for $50. md Rector
Settled for $500.

Penalty for $50. md Rector
Settled for $500.
Albany. Aug. os.-The fact that Stuy-
vesant Fish's cook served quail out OF
season at a dinner given in New York by /
Mrs Fish on February L. 1907, and the !
failure of tre Forest Fish and Game Com /
mission to prosecute Mr.. Fish for alleged /
violation OF the game law. were made sub /
jects of inquiry to-day by commissioners 4
Clark and Austin. who are conducting an
Investigation into the affairs OF the Forest
Fish and Game Commission
The incident leo TO an unpleasant inter
view between Zelah Is. Strong. assistant
United States District Attorney. OF Brook !
I'm who was representing the department
in New York at the time, and John K.
Ward. chief counse! for the commission, /
Strong having intinlated that outside in
ffuences were being exerted in the settle
n1ent OF cases by the department Mr..
Ward. who was on the stand to-day. said
hat the matter eventually was brought
TO the attention IF Governor Hughes by
Strong and thoroughly ventilated"
It developed that Ward had had some
correspondence with Mr. Fish. who c1-
pressed regret at the occurrence and re-
t,uested 2 copy of The fish and game laws,
which was sent him. Mr.. Strong had also
taken up the mater with Mr.. Fish and had
written 9ettar to NJ. s Worts, an ernploye
in the department. which stated in the
event or q recovery he would be very
glad to divide the rnoieties among the Of
fee force at Albany
Continuing. the letter, which was read in
evidence. SAYS:
In his letter Mr.. Fish states that he is
in communication himself with Mr.. Ward
about the case, and the letter Is rather
suggestive in its terms that [ "butted in
TO a matter which was foreign TO me.
You can appreciate the embarrassing sit
uation in which l have been placed. MI
Fish IS a gentleman of reputation and is
we'll known in the business and social life
of New York and the country at large,
be made 10 pay for it: but there is abso-
luteiy no reason why I should be placed
in position such as | have been.
Mr Strong suggests that the only way
IN which he can square himself" with Mr..
Fish would be 10 have the department ad-
wise Mr. Fish that the case has been placed
in his hands. The suggestion was not
carried out. however. and the matter was
dropped after more correspondence be-
tween Mr.. Fish and Mr.. Ward.
Quail No Attraction, Says MIR. Fish.
incidentally the poor little birds are no
attraction to me at any time wrote Mr..
Fish and gou can rest assured that, what
ever may have happened at my house, the
thing will not happen again, my people
having been thoroughly cautioned"
Mr Ward told the commissioners that
he had thought the Fish episode an in
nncent evasion of the law" and that while
he may have erred, he didn't believe it was
the duty Of a seIf-respecting department to
prosecute such technical violations, for
the purpose Of getting moieties to be di-
vided"
Mr. Ward weS also questioned concerning
6tker alleged violations in New York at
/ Sherry's Rector's and the Hotel Astor, and
with regard TO settlements for timber cut
ting on state lands. It developed that last
year the Pennington Martin Company, OF
WatertoNn cut more than four thousand
trees on state property, the company pay
ing the state S7.s5l in settlement
Ward denied having been approached by
any one with proposal to join in a move
naent to attack the states title to Adiron-
dack lands.
Did YOU ever make statement to the
effect that YOU had been 50 approached by
Nelson ? Bonney?'' asked Mr.. Clark.
No. sir" replied Ward, emphatically-
Bonney. who resides in Norwich. was one
oI the attorneys for ex-senator Benn Con
ger during the Senate investigation Of
| Conger's charges against ex-senator Aids
last winter.
Frank H Bell. of Glens Falls. employ ed
! as special counsel by the Forest. Fish and
Game Commission was the next witness,
Did You ever loan Commissioner
Whfpple any money!" was one of the first
/ questions asked him.
Bell replied that on February last he
/ loaned Mr.. Whipp1e 5000, and later ex-
planned that the loan had been made on
| ample security.
Bell was formerly employed as an attor-
ney for the International Paper Company,
/ and il was brought out early in the investi-
! cation that he had had an agreement with
/ George ?. Underwood, vice-president of
( that company, 10 protect his interests in
/ any wild lands Of the state. The witness
/ said that agreement terminated in March.
! 1909 when he entered the employ of the
state
4 Several Compromises.
II was brought out that an action for
/ penalties aggregating $1,000 against louis
! Sherry for selling game out of season was
settled for geo. Mr.. Ward was asked if
! Attorney General Mayer wasn't defending
! some Of the cases He said he didn't know,
An action against Rector's was settled
! for 5000. bat the amount of the penalties
sued fo- was not disclosed. Senator Mar
I tin SAKE represented the defendant. Ward,
/ in letter to Strong in March 1907, read
/ into the testimony concerning this case,
/ said You may let the matter stand tenn
/ poTa rily. s Mr.. Rector has been here and
/ fixed the matter with the Commissioner"
Another action brought against u. c.
I Muschenheim. proprietor Of the Hotel As
/ tor. for SI.735, was settled for costs. The
| action involved the seizure Of game out of
season and = letter was read from Com
missioner Whipple To John r. Overton, who
made the seizure. stating that if he could
/ find any way to make the matter easy for
the Astor' he would like 20 DO il.
Commissioner Whipple who was pres
ent. was permitted 10 make an explanation.
/ He said the birds were seized an hour after
midnight New Years Eve. and that the
man who should have been in charge Of
! the game had been sent 10 a hospital for
! an operation from which he died The
! case was one for which the proprietor had
! moi been responsible and involved only