Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1911-12-22
cARRUTH FOUND GUILTY.
Judge Daley Decided Deer Killing In
Halifax Violated statute-Appeal Taken
to County Court.

Suo9e Daley Decided Deer NillIng In
Halifax Violated statute-Appeal Taken
to County Court.
A verdict of guilty was returned by
Judge W. r. Daley of the municipal
court Wednesday afternoon in the case
of the state against George CaTuth,
formerly of Halifax, In which it was al
legged that the respondent killed a deer
In that town Feb. "a, 1911, in violation
of the statutes. The respondent, through
his attorney, G. c. Fits, appealed to the
county court. This case, which has been
to the supreme court on a law point the
court sustaining the decision of the mu-
nicipal court in favor Of States Attorney
F. e. Barber, has attracted more than
ordinary interest. Henry r. Brown of
this town, who claims that the deer was
shot on his property as a result Of in
structions given by him, stands back OF
Carruth in the case. The penalty pre-
cribed for the illegal shooting of deer
is 800.
The law gives a man a right to wound
or Kill deer in the act Of doing damage
to any fruit trees or crops on his prem
ises, except grass on uncultivated land,
ana to authorize any member of his
family or any of his employees to do the
same, provided he can prove that the
deer was in the act of doing damage
when wounded or killed. MIR. Brown
owns land in Halifax on which there is
an orchard On Feb. "a, 1911, States
Attorney Barber was notified that a
deer had been killed illegally in Halifax
and he sent Deputy Sheriff F. L. Well
man of Guilford to investigate. Search
ing the premises owned by Mr. Brown
and occupied by H. l.. Streeter, he found
a large part of the fresh carcass of a
deer At the farm of Ossie Prolrty,
where Carruth was employed, some hides
and deer heads were found. The arrest
of t1a foil nd ha hsatrn
been in court ever since.
In the hearing Tuesday 1t was admit
ted by the defense that Carruth was one
of two men who shot the particular deer
in question on the date named. The
testimony was conflicting as to who was
with him, the state claiming that Ossie
Prouty accompanied him and the defense
claiming it was Streeter. The testimony
was undisputed that Mr.. Brown notified
Carruth to shoot any deer caught doing
damage his premises, promising to
settle any damages and pay for his time.
Mr.. Brown and Carruth claim that the
deer was shot while browsing on young
apple trees and several specimens were
exhibited in court, showing where the
tender limbs had been eaten off. The
states contention was that the men ex-
ceeded the instructions of Mr. Brown
and hunted from to 8 o'clock, finally
shooting a deer that was not doing dam
age.
1t was incumbent upon the respondent
to prove that the deer shot was doing
damage on Mr.. Browns land and this 1t
was attempted to prove by Carruth,
Prouty and Mr.. Brown and F.. b. Bar
rows. The testimony of Carruth and
Prouty was to the effect that the deer
was browsing on trees in Mr.. Browns
orchard when shot, that it ran south
easterly, down one bank of a ravine and
up the other bank and fell some 25 rods
fro rhnr N1yaC hot hn hnrl
bled by Carruth and the carcass taken
to the Brown farm. Mr. Brown and Mr..
Barrows testified that they tracked the
deer in the orchard and said they fol-
lowed with their eyes the trail across the
ravine and saw where the carcass had
been dragged in the snow. Their tes-
timony did not show that they found
traces of blood until the ravine was
crossed, but it indicated that the deer
dragged one foot as though wounded.
For the state Deputy Sheriff Wellman
and County Game Warden NJ J. Howard
of South Londonderry testified that they
ira acked a deer through Mr., Browns
orchard and across the ravine and found
that the tracks did not stop at the point
where the deer in this case was bled.
\but continued on for a long distance in
sther direction. They testified that
Rer which was shot came from the
kat they followed the trail back,
= entirely Independent of the
nCrchard and that it was
one in the orchard
Resses testified for the
and Archie Phelps,
apparently was
Stunity for some
y ton. After
>ch side 90
We'd
pg