Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1912-11-13
BOOST Ellsworth Food Fair, Jan. 27-Feb. 1,'I3
COW MOOSE CASES.
r,vo Cases Grow out of killing Of
One Cow Moose.

80 Gases Grow out OF MIXING OIL
One Cow Moose.
r.ro cases were tried before Judge Hall
$40 ellsworth municipal court yester-
.tternoon, both growing out OF the
s;,ius OF COW moose near Washington
Iuuetion on Oct. 30.
rae ,rst case tried was that OF the State
George Lowell, the fourteen year-old
AN ~ David Lowell, of Washington juno
,io. L. r. Giles appeared TOR the State
and D. e. hurley Tor the respondent.
Game wardens Shea and Dyer described
.ss killing OF the moose as described to
,hsm by the boy, and the location OF the
,ulips. while Thomas A. james, of Win
exon taxidermist for the state fish and
came department and the receiver OF game
ship,ed 10 the commissioners, described
,be location Of the bullet wounds in the
osrrass. which be has prepared for mount
ing whole.
Respondent admitted the killing OF the
.ow moose. but said he thought he was
shooting al a deer.
Coupsel for respondent asked that the
,omnlsint be dismissed on the ground
that the toy was under fourteen years of
are 1.-THE boys mother testified that he
would be fourteen on Dec. Dc next and
that there was a presumption OF law that
how under fourteen was not responsible
for his criminal acts.
Indee Hall said the Court was satisfied
that the boy killed the cow moose, and
that he probably knew what he was doing,
hut that he clearly was not the kind OF
lsw.breaker that the laws OF the State
aimed 10 punish. He therefore discharged
the respondent.
The second case tried was that OF the
state vs., f.. w. Wooster, of Washington
Junction. l.. r. Giles appeared for the
state. while Mr.. Wooster conducted his
cwn case.
II appears that the same moose shot a
few minutes later by the Lowell boy, had
first been seen in MIR. wooster's turnip
patch Mr.. Wooster, under the impress
sion. he says, that ii was a bull moose
from " hat others told him, went into the
house for his shotgun. When he finally
came upon the moose or the moose came
apon him, be had his doubts whether il
was a COW or bull, but took a snap shot in
the general direction of the moose, but
four or five feet above IL, he thought. He
did NOT hunt the moose further, believing
1t to be q COW.
This il tine story In substance as told by
81 ; t.Da ta nd tuf l.
dsrmist James told of finding a charge OF
bird shot in the side OF the moose. The
gun with which MIR. Wooster did the
shooting was exhibited, and was perhaps
his best witness in proving that he was
not hunter. 1t was a cheap single bar
rel shotgun, with the forearm gone, so
thsI ii had 10 be held together when being
fred by the man firing it, or by rubber
band wound around the breech and
looped back behind the trigger guard.
Mr.. Wooster admitted that he cut the
shell to make the charge more effective,
and Game Warden Shea described the
action Of cut shells. He had seen a charge
or shot in cut shell so through two
inch plank at forty yards, but in other
cases the shot scattered at a shorter dis
lance. Il depended, ne thought, on just
where the shell was cut.
Judge Hall, before rendering his decision
in the case, compiimented the wardens
and attorney for the State upon the ad-
mirable way they had conducted the
cases, and their evident desire to look after
the interests OF the State and the game.
he said the Court was peculiarly for
tunste in this case In having the whole
story Of this moose before it. 1t was clear
to the Court that this cow moose was
killed BY the Lowell boy, which reduces
the charge against Mr.. Wooster to hunt
ing. 1t was also clear to the Court that
ar. Wooster went out to hunt what
proved to be a COW moose, and was there
fore technically guilty.
The Court therefore imposed nominal
line OF 81 and costs, and suspended execu-
ton OF both.