Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1911-03-03
DEER KILLING CASE
Officer Found Fresh Deer Meat
in Halifax Farm House
Plan to Test Law Changed by Discovery
of New Act-State Charges Illegal XIII
lnq-Law Points Raised.

Routed out of bed about l o'clock Sat
urday morning, States Attorney Frank
E. Barber was notified of an alleged
violation of the law relative to shooting
deer and hastily exchanging his night
robe for his working clothes he issued
warrants for searching the premises of
Ossie Prouty of Halifax and the prem
Uses in Halifax owned by Henry r.
Brown of Brattleboro and occupied by
Harold l.. Streeter and George Carruth.
The papers were issued on complaint of
l.. A. Foster and Archie Phelps of Hall
fax and were placed in the hands of
Deputy Sheriff Frank l.. Wellman of
Guilford, who searched the premises, as
sisted by William Quinn.
In Prouty's house they found a deer's
head. They were of the opinion that
the animal had not been dead long, but
Prouty said he killed it during the open
season last November. The officer took
possession of the head. At Mr.. Browns
place, a short distance away, the occu-
pants were eating breakfast one course
consisting of venison. Mr.. Wellman and
his assistant felt impelled to interrupt
the meal and they took possession of
all the venison they could find, but some
sections of the carcass were not re-
covered.
The officer brought Mr.. Streeter. Mr..
Carruth and Mr.. Prouty to Brattleboro
and States Attorney Barber made out
warrants for their arrest, also that of
Mr.. Brown, charged with killing deer in
the closed season, and with having in
their possession wild deer in the closed
season. In the municipal court, before
Judge William r, Daley, Attorney c. C.
Fits appeared for Mr.. Brown and the
two men on his farm, Streeter and Car
ruth. Attorney c. S. Chase appeared
for Prouty. The hearing was continued
to Wednesday morning at 10 o'clock and
hot ftrn icha In Of
in each case, Attorney Harold +. Whit
ney becoming surety by Messrs. Brown,
Streeter and Carrutn and Mr.. Chase act
ing as bondsmen for Prouty
1t appeared that Mr.. Brown, who has
a valuable young apple orchard on his
farm, had directed his men to shoot any
deer caught doing damage on the prem
ises and that it was his intention to test
the cOnstltutonality of the deer law,
many other owners of young trees and
property damaged by deer being in full
sympathy with him With the eXpecta-
ton that an agreed statement of fact
would be drawn up, which would shorten
the trial, the cases were continued to
Wednesday, as stated
Meanwhile an investigation was made
by the county fish and game warden. NJ
j. Howard of South Londonderry, who
is a member of the legislature and who
knew that the legislature enacted a Law
at the last session permitting the shoot.
ing of deer in the act of doing damage
Section / of that act is as follows:
"Any person may pursue, on land own
ed 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 or
uncultlvated land; and he may authorize
any member of his family, or any person
employed by him so to pursue, wound oil
kill a deer, under the circumstance
above specified. In the event of the
woundng or killing of a deer as afore-
said, 1t shall be the duty of the person
by whom, or under whose direction, thu
deer was wounded or killed, to within
six hours report all the facts in writing
relative to the wounding or killing, signed
by him, to the nearest county or deput!