Custer weekly chronicle. [volume] (Custer City, S.D.) 1890-1931, 1910-03-05
FROM GAME WARDEN.
The Public Should not be Deceived by the
Kirby Case and Hunt Without
License.
To the Editor of Public Opinion:

To the Editor of Public Opinion:
lnasmuch as there seems to be wrone
impression prevalent over the State in
| regard to the case of Joe Kirby, who
was recently acquitted at Sioux Falls on
the charge of hunting without license,
l deem it wise to put the matter in its
true light to the sportsmen of the State,
as we'll as to those who may be opposed
to the game law now in force in this
State-for their own good
The case was started in this way: 1t
was reported to me that Mr.. Kirby was
making his boasts in Sioux Falls that
he had hunted without license and
defied arrest on that charge, claiming
that the license feature of the game law
was null and void, and that he would
put the State game warden out of busi-
ness by knocking that particular feature
of the law "sky-high". AS soon as pos
sible the game department of the State
proceeded to call Mr.. Kirby's "bluff T"
and swore out warrant for his arrest at
Madison, having positive evidence that
he had hunted in Lake county without a
license. With the warrant in my pocket
l proceeded to Sioux Falls to "inter-
view" Mr.. Kirby. He admitted the
charge, but asked that the case be
brought in Minnehaha county in order
to save time and expense, he agreeing
to plead guilty to the charge of hunting
without license in his own county.
WAS FRIENDLY CASE.
1t was generally understood that it
would be in the nature of friendly test
case, and the game department was
anxious to take the matter to the su-
preme court of the State as soon as pos
sible, believing that the license feature
would hold and there would be no
further cause for doubt in the matter
once We could have an opinion on the
matter. Mr.. Kirby was to plead guilty
to the charge before a Justice of the
Peace, in Sioux Falls; then he would be
fined, and Immediately would swear out
writ of habeas corpus and take the
matter direct to Judge Jones of the
circuit court, and if the Judge ruled
against him the matter would then 20
to the supreme court.
PLANS ARE UPSET.
This was practically arranged for at
Mr.. Kirby's suggestion, and the States
attorney of Minnehaha county prepared
to look up the law and be ready to meet
Mr.. Kirby's argument before Judge
Jones at a convenient time to all con-
cerned. When the game department
and the States attorney were prepared
to take up the matter the writer pro-
ceeded to Sioux Falls, but on arriving
there found that Mr.. Kirby had evident
ly become scared" by being unable to
find any decisions of law bearing on the
license feature of the game law that
would back him up in his contentious
the decisions all being in favor of the
States position that the license feature
was good-and that he now demanded
jury trial. 1t was too late for the
game department to "back down., 80 we
went ahead with the case before jury
composed of six men, before Justice
of the Peace in Sioux Falls. In the trial
Mr.. Kirby admitted his guilt, but at
tackled the law in general and delivered
long argument before the jury, touch
ing almost everything but that which
applied to his guilt in the case.
VERDICT A SURPRISE.
Let it be understood that the jury was
there to try the case from the evidence
submitted as to the guilt or innocence Of
the accused, and not to decide as to the
constitutionality of this particular fea
ture of the law; that being for the
higher courts of the State to decide-not
a Justice Court jury. Finally after more
than an hours deliberation the jury re-
turned verdict of not guilty, in face of
the fact that Mr.. Kirby admitted his
guilt. The excuse some of the members
of the jury gave for this remarkable"
verdict was that they thought the State
was better able to appeal the case than
was Mr.. Kirby, when the average man
knows that the State cannot appeal
criminal case. The matter practically
now stands where it originally stood,
and if there are any who think the
license feature of the game law is null
and void and want to take their chances
on being arrested and prosecuted, the
game department will be glad to accom-
modate them.
HEED THIS WARNING.
There is yet prominent attorney to
be found who holds the same views as
Joe Kirby, and we doubt very much if
Mr.. Kirby really believed the law no
good-oniy desiring little notoriety an d
free advertising instead of walking up
and paying his dollar to hunt like the
rest of US.
Let no one be misled by the Kirby
case into believing that they can hunt
without license, for game wardens
over the State will prosecute offenders
with all the vigor possible, with the
great State of South Dakota behind them
in the prosecution.
w. F. Bancroft,
State Cana Warden.
O ~