The daily star-mirror. (Moscow, Idaho) 1911-1939, 1921-12-01
GUILTY VIOLATION
IDAHO GAME Law


"A Grangville dispatch in this morn
1ng's Lewiston Tribune, states that al
o'clock this morning the jury return
ed verdict of guilty against George
II. Lawrence, tried in the probate
court here on charge of breaking
the game laws of the state. The de-
fendant was fined $500 and costs
which were paid. The case is of par
ticular interest in Latah county, four
Latah county men being charged with
similar violation of he law.
The trial covered three days and
is one of great importance in the
sporting world, inasmuch as it is a
test case and the first of it's kind in
the state, and in all probability the
first in the United States, according
to one Of the attorneys for the pro-
secutiOn.
The evidence showed that George
R. Lawrence and five other hunters,
all with a license granting them the
right to kill one elk, returned via
OrOfin0 from a hunting trip on the
Locksaw river on October 8. Each
hunter had an elk head and approx
mately go pounds of meat on their ar
rival at Orofino, where they were met
by Deputy State Game Warden Harry
Walruth.
Section 1903 of the Idaho codes
makes the first purpose of the killing
of game the preservation of the meat
and secondary purpose is the reten
tion of the skin, head, antlers, teeth
or tusks as trophies. The state con-
tended that Mr.. Lawrence had wilfuI-
ly destroyed elk meat and retained
the head as a trophy inasmuch as a
full grown elk will dress $50 to 500
pounds and he had only so pounds in
his possession Mr. Lawrence claim
ed that the animals were so badly
shot that it was impossible to pre-
erve any more Of the meat than that
which they had on arrival at Orofino.
Five other defendants, G. r. Law
renee, Jr., DR.. R. G. Faust, L. R.
Mallory, w. e. Walker, all of Latah
county, and T. B. West of Lewiston
were in the same party and charges
have been preferred against them for
similar violation of the law but, ac-
cOrding to statements by the prose-
culiOn, they will not be tried and it is
probable that the cases will be dis
missed
Witnesses in the case were U. S.
Mix of Orofino, Forest Ranger Buck i
ingham and L. G. Hornby, superin-
tendent of the Clearwater national
forest.
B. Auger, prosecuting attorney for
Idaho county, was assisted by Miles
S. Johnson of Lewiston. A. H. Over
smith of Moscow and M. Reese Hat 4
tabaugh of this place were attorneys I
Tor the defendant.
That part Of Section 2SO3 which ap-
plies to the case is quoted below: {
Section 28O3. !" = and who l
sver at any time, within the state of c
Idaho, kills, captures, or destroys any 9
game animals of this state, except the {
mountain goat and bear, and detaches '
,r removes from the carcass thereof /
,nly the head, hide, antlers, horns, '
.usk or tusks, tooth or teeth or any
,r all of the aforesaid parts, or cap a
ures or mutilates any such animal II
While alive by removing or detaching Fl
tooth or teeth, or tusk or tusks a
herefrom, is guilty Of felony, and
lpon conviction thereof shall be i'm q
,risoned in the state penitentiary for n
lot less than one year nor more than ri
i've years. The purpose and intent n
t this section is to protect game ami s
nails of the state from wanton, ruth
sss or wasteful destruction or mutil =
tion for their heads, hides, antlers, =,
orns or teeth or tusks alone, and its =.
rovisions are to be SO construed. ~
he failure of any person to properly =;
ress and care for any game animal =
filed by any such person or persons, q;
reasonably assessible, within "a -,
ours, and to take or transport to the -, ~
amp OF such person or persons such -
arcass and there properly take care
the same. shall be prima facie evi- a. q
ence of the violation of the pro- %
sions Of this section. ~