The Brattleboro reformer. (Brattleboro, Vt.) 1907-1912, 1911-12-22
Halifax Deer Shooting Case Going
to County Court.
GEORGE cARRuTH RESPONDENT
Fined sioo by Judge Daley for Killing
Deer Last February = Defence
Claimed Animal Was Destroying the
Apple Trees on II. R. Browns Farm.

4
deer illegally on the morning OF Feb. -
lbll, and sentenced by Judge W II. Daley
ia municipal court to pay a fine of 500
and costs. The respondent took an appeal
70 county court. The ease was tried before
Judge Daley Tuesday and took an DAY
Decision was reserved until Wednesday
afternoon in order 10 allow the court To 90
over the minutes Of the testimony. Caruth
and Harlan Strecter Of Halifax, the latter
a hired man OF Henry X Brown Of Battlc
horo, were associated in the shooting Of the
deer which the respondent claimed was
damaging the young apple trees in Mr.
Browns orchard. Brown had given orders
to hls men 10 Kill deer found destroying
trees and told his employees he would pro.
tect them from any penalty the law might
impose. States Attorney Frank f. Bar.
Der appeared for the state and Clarke {.
Fits, who has within few years gone
into apple raising in Dummerston, repre-,
sented the respondent. The defense sought
TO Justify the killing Of the deer under the
acts q 1910 and the prosecution insisted
that the requirements OF the act had not
been complied with inasmueh as the near.
est game warden was not notified when
the deer was killed The prosecution
claimed that the tracks OF deer IN the
Brown orchard were not made by the AM.
NAL killed by Carruth and Streeter.
When the ease was first brought TO the
attention of the court with two companion
cases Mr.. Fits claimed that the respond
entS could not be tried upon the complaints
then made hut the supreme court decided
that the cases could he 50 tried
During the morning session Deputy
Sheriff Frank L. Welman Of Guilford and
County Game Warden VI. J Howard Of
South Londonderry testified to making an
investigation OF the shooting OF the deer
on Henry K. Browns farm in Halifax last
spring. The animal was shot on the morn
ing Of Friday Feb. ~, and the examina-
tion of the premises conducted by the two
officials took place the following Sunday.
The testimony given by each witness was
practically the same as that given at a
hearing in the case last spring Mr.. Well
man testified to visiting the home of Osse
Prouty where some Of the deer meat was
found. He told of his conversation with
George Carruth and Harlan Streeter con
corning the shooting of the deer and OF the
circumstances under which he brought
both men to Brattleboro for trial. Carruth
himself was then placed upon the stand
and testified that he had been directed by
Henry r. Brown to shoot any deer found
doing damage to apple trees on the Brown
farm. The witness acknowledged shooting
the deer at the same time Streeter did. As
TO who was the slayer Of the animal Car
ruth would not say. He was one of the
most reticent witnesses seen IN municipal
court for many months and was not sure
of ANYTHING connected with the case. Alter
being examined for over half an hour at
the morning session Carruth was put on
the stand when court convened IN the
Il nat No N THn
had been made to hide the carcass OF the
deer as the prosecution ntimated had
been done.
Ossie Prouty, who lives short distance
from the Brown farm in Halifax, knew but
little about the matter under consideration
He did not share in the meat and did not
know who shot the deer. He remembered
that Streeter and CarTuth last February
killed deer which had been doing damage
to Mr.. Browns orchard States Attorney
Barber asked the witness if he had seen
any damaged trees in the Brown orchard
and Prouty quickly answered that he had.
All attempts to connect Prouty with the
killing Of the deer were futile
Henry r. Brown testified that ne had
ordered his men to kill any deer found
damaging his apple trees. In response to
query by Attorney Fits the witness sald
that he was back Of the respondent
ICarrutt) and would take care oil HIM rs
regards any penalty the court might I'M.
nose Mr.. Brown exhibited number OF
younr apple trees which had been browsed
nv deer and testified that he took the trees
from his orchard shortly after the killing
az the deer in question. Mr.. Brown ielt
snre that the deer killed was the one when
had iniued 90 particular trees IN his
orchard He said the tracks OF the deer
killed by his hired men led directly to the
injured trees. Mr.. Brown was asked II ne
had received notice from his hired men
of Tho killing of the deer and said that he
did receive such notice during the morning
az Feb "A and that he wrote letter AT
once to County Game Warden Howard, IN
forming that official of the circumstance
surrounding the shooting. The witness sdig
that he gave the letter to his Wlte 70 nlaIl
and that she mailed it before > eloch ~
the afternoon. The states attorney anu
the witness had clash when MT broWiIl
began to explain some part OF the proceed
80 and Mr. Barber insisted that he re-
main silent 1u4 l., b,J had
10 or Il years experience IN apple grow
mo corroborated the testimony OF Mr.
Provn that deer do damage by browsing
ro,ng annie trees. The witness was asked
! number of questions by the attorneys
q "a THE tbe court asked Mr. Barrows Il ne
raj, Rhode Island Red apples; ms
was the first attempt to inject plt q
pleasantly into the proceedings. ana evi,
ddentIv Attorney Fits became inocuiatea
as viii he shown further on IN his eXanliiia
tion of L. A. Foster, the first Witness loi
Mr. Foster was handed roll OF paper
marked Exhibit r. 1t purported TO De e., q
man according to the statement OF we
s attorney but Attorney Fits spoke
~ i as that thing" and intimated tha5
4 was of little use in the case; lie ashea
tLa witness if the map was drawn 70
snala and Foster said that 1t was not NJ
Fits insisted that such a map was Of no
nee II the case but the court allowed II 70
bo wade an exhibit. As the witness m
+ernolafed his own opinions INTO the
onswers he made to the oss-examinaIloh
"a Mr. Fits the attorney tartly asked nm
" devote his replies to the questions II ne
~ I'll III understand them. Mr. Fits toid
1 II'dgo Daley that Mr.. Foster was an mteI
iiGent man who understood the Lngi f
i iananaqe formerly minister by PROBES.
ION This allusion to his past apparently
nettied Mr.. Foster for he persisted IN n
1.-Two sarcastic references into ms testF
poonv and in reply to a question OF MI