The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-01-26
FOSTER SHOT A DEER.
Topeka Lawyer Finds He'll Not Have
to Go to Jail.

Frank H. Foster. a well known To-
peka lawyer. killed a deer while visit
ing in New Hampshire on December
2. Until today he has not been quite
sure whether he would have to go to
jail for his infraction of the game laws
of New Hampshire or not Today he
received the news that the Information
against him has been quashed and the
case is therefore ended.
Mr.. Foster today told how he shot
the deer which got him into trouble:
THE deer I shot on December 2
while engaged on little job of car
pentering for my aunt at Derry, New
Hampshire. My attention was attract
family dog which led me to go and
look UP the little lake of about Is
acres area, the shores of which come
to within rs yards of my aunt's house.
1 discovered that two fox hounds had
chased deer into the lake on the OPP
site side and by reason of the thin ice
bearing up the dogs but not being
strong enough to bear thu deer, it was
unable to escape from the lake.
noticed that the ice was bloody, indi-
wounded I seized a gun and made for
the opposite side of the lake The
dogs held the deer at bay till 1 got
within range. saw that my shot
was only to finish some bad work
already done. The deer had been
was broken and dangled from the hook
joint and it had full charge of buck
shot in the other hip. Humanity d.
rected that I should dispatch the crea-
ture as soon as possible, which I did
"By December the news reached
the Manchester Union and a big head
lined article appeared telling how a
prominent Kansas lawyer had killed
the first deer of the season within the
corporate limits of Derry.
ic
ton of the game warden of the state
who called upon me the next day and
despite all explanations that I was not
hunting and simply put the deer out
of its misery for humane reasons, he
arrested me and hailed me before the
justice court where 1 was found gull
ty of hunting without a license. I pro-
tested that he had no jurisdiction to
try me but ne thought he had I took
an appeal 20 the superior court and
the judge there quashed the whole
proceedings
The Derry News in it's account of
the quashing of the case against MIR.
Foster hints that his arrest was a
piece of petty prosecutions:
Commissioner Wentworth acted as
complainant, as sheriff, as witness and
as the prosecuting attorney. and his
associate was to be the court or JUS
tice to hear the case. The Judge in
simulated that it appeared to be close
the defendant was brought found Fos-
ter guilty, on his plea of not guilty,
which would deprive the police court
from jurisdiction to try the case, but
only authorized him to hold the de-
PENDANT for the grand jury. No fine
was levied. and an appeal taken, and
had he been held for the grand jury
he could not be held for the January
term of the superior court as there is
no grand jury at this term.
"The whole proceedings were SO err
roneous that the court allowed the
motion to quash the complaint and
warrant. on Colonel Crawford's mo-
ton. and this ended the deer shooting
case.
Attorney General Eastman appear
ed for the state. but when he ex-
amined the papers in the case he had
nothing to suggest to the court, except
that it looked as though the position
taken by counsel for the defense was
correct