The Brattleboro reformer. (Brattleboro, Vt.) 1907-1912, 1911-03-03
DEER DESTROYING
TREES WAS KILLED
Man Who Did The Shooting is
Now Before Court
CASE MAY 90 TO SUPREME COURT

LAW 1dbpcu W b"os S0oSAoss W vs.
Legislature Makes II Legal to Xii
Deer Caught Destroying Property
but Defendants Didn't Know That
Whether or not q man has a right Il
kill deer found destroying fruit trees o
crops on his land as an act OF the legisla
ture OF 1910 says he has is question tina
court to decide. Henry II. Brown OF thi
town and his hired man, Harlan l.. Streete
OF Halifax and George Carruth Of tina
town with Ossie Prouty, also. 81 Halifax
have been made respondents in case o
alleged illegal deer killing Friday morning
Mr.. Brown, who has Al extensive orchart
of young apple. trees in Halifax, some tim,
ago gave his hired men instructions to xii
any deer found damaging fruit trees, anc
FRIDAY morlhng one was found IN his or
chard: Pne doe had eaten off the tender
MI; Streeter thought it about time e
Check the animals career which he did
Z He notified his employer as soon as he
could do SO and Mr.. Brown notified
County Game Warden Marvin j. Howard
of South Londonderry, although he was
not then aware of the passage OF Act No
20S of the last legislature. About tins
time il is understood that a neighbor OF
Mr.. Streeter notified States Attorney
Frank +. Barber Of Brattleboro. Inc
states attorney issued warrant and d.
rected Deputy Sheriff Frank l.. Wellman
of Guilford to go to Halifax and locate
the carcass of the deer alleged to have
been killed unlawfuly.
Deputy Sheriff Wellman arrived in Hall
fax about daybreak and went at once to
the Brown farm where he was shown the
meat of the deer killed the day before. The
carcass was in room adjoining that IN
which Streeter and Carruth were taking
breakfast There is evidently some dlsa-
greement about the way the meat was dis
posed of after killing the animal. II IS al
legged that the men were eating venlson
for breakfast but the men deny that this
was so. They say that they made no at.
tempt to conceal the fact that they had
killed deer but on the contrary showed
the meat to Deputy Sheriff Wellman who
brought it to Brattleboro Saturday morn
ing along with Streeter and Carruth.
Someone intimated to Mr.. Wellman that
a deer had been shot illegally in Halifax
even if that killed on the Brown farm had
been shot legally, and accordingly search
of the premises of Ossie Prouty was made
and the head of big buck found Mr..
Prouty said that he killed the animal dur
ing the open season last fall but Mr.. Well.
man decided to let the court decide and
brought Mr.. Prouty and his trophy OF the
hunt to Brattleboro along with MIR,
Prouty's neighbors. Prouty, Streeter and
Judge William r. Daley Saturday after.
noon and their cases were continued until
Wednesday morning as Mr.. Brown claimed
he had right to instruct his employees to
kill deer found doing damage to his fruit
trees. Attorney Harold Z. Whitney APP
peared for Mr.. Brown, Streeter and Car
ruth, and Charles S. Chase appeared for
Mr. Prouty. The several respondents were
held in $3.50 bonds for their appearance
interested in the matter knew of the recent
act of the legislature which allows the
owner of land or his employees to kill deer
when found destroying crops, as the war
rant upon which the respondents was held |
for the alleged illegal killing was based |
upon section 1920 of the statutes Of 1908 |
and evidently took no notice of the act OF
1910 which says: i
ANY person may pursue, on land owned
or occupied by him, wound or kill, any
deer which he can prove was in the act
of destroying or injuring any fruit tree or
crop, except grass growing on uncultivated
land; and he may authorize any member
of his family, or any person employed by
him SO to pursue, wound or kill deer, I'M
der the circumstances above specified. In
the event of the wounding or killing of a
deer as aforesaid, it shall be the duty Of
the person by whom, or under whose di-
rection, the deer was wounded or killed.
TO within six hours report all the facts in
BY him, to the nearest county or deputy
ish and game warden in the county or
own in which the deer was wounded or
zilled. The said report shall state the
line and place of the wounding or killing
md the amount of crop destroyed by the J,
leer A person who shall kill deer as
lbove, shall Immediately properly dress
he carcass and care for the meat of the
anne, and shall receive pay for his neces.
AIRY expenses in connection Herewith"
Provision is made in this act for the
county game warden to investigate all
ases of this kind and penalty of 500
or each offense is laid upon persons killing
! deer under these conditions who fail to !
make return of the fact as required by !.
aw.
The four local cases were taken up at 9
Daley but after demurrer had been en- d
cred by Clarke G. Fits who appeared for
he four respondents further continuance
vas granted until Monday morning, March |
3. States Attorney Barber appeared for {
he state and County Game Warden How !
I'D was also present to assist the prose :
ution. Mr.. Fits demurred to the re- 4
Ter which they had been brought into
curt, alleging that the complaint alleged
violation of the law existing in 1908 and
i'd not take into consideration the recent
ct as quoted above The states attorney
ontended that it was up to the respond
nts to prove justification for killing the
eer regardless of how the complaint was
rawn. The court was of the opinion that
he case was one of sufficient Importance
o grant a continuance rather than to
make ruling at that time relative to sus-
aiming the demurrer. If Judge Daley
hould not sustain the demurrer and order
he cases to trial the defendants on the
omplaint as originally drawn will be APP
ealed to the supreme court. There was
curt room full of witnesses and many
apple growers who are interest
d in the outcome of the case in which Mr..
Brown is concerned were present.