On December 10, 1925, a group of men from the Elizabethville and Halifax areas, Dauphin County, Pennsylvania, set out to hunt deer on Berry’s Mountain. At one point, three shots were fired, one of which resulted in the death of Samuel S. Snyder, of Fisherville, a member of the hunting party.
A coroner’s inquest determined that the fatal shot was fired by Charles Miller, also of Fisherville. The jury also stated that if the group had been “organized”, the fatality would not have occurred. Charges were brought against Miller under a law passed in Pennsylvania in 1921 which called for the prosecution of any any hunter who accidentally killed another human being who he mistook for game. Miller’s defense was that he believed he did not fire the fatal shot and that he was shooting at a deer. In pre-trial, Miller’s attorney sought to dismiss the case on the grounds that the law was not constitutional. However, the judge ruled against the motion whereupon, on behalf of Miller, the attorney threatened to take the case to the case to the Supreme Court if Miller was convicted. The trial went forward and after deliberation, Miller was acquitted.
The case was important because it was the first time that the 1921 law had been applied in any case in Dauphin County.
Ironically, two weeks after his acquittal, Charles Miller decided to return to work, and was killed in an automobile accident not far from his home. Miller’s father and several others decided to accompany him to the Halifax railroad station where he planned to return to Buffalo, New York, and his old job at a rubber factory. The car in which they were driving was sideswiped by another traveling in the opposite direction, killing Charles Miller and injuring the other three in the car.
Selected newspaper stories follow.
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From the Harrisburg Telegraph, December 10, 1925:
HUNTER KILLED — ACCIDENTALLY IS MISTAKEN FOR DEER
Samuel S. Snyder, 30, of Halifax, Shot While Hunting Near Millersburg
BROTHER IN PARTY
Millersburg, December 10 [1925] — Samuel S. Snyder, 30, Halifax R. D. No. 4, was accidentally shot and almost instantly killed to-day at 9:35 o’clock by Charles Miller, who mistook him for a deer.
W. R. Snyder, a brother, saw Samuel fall and rushed to his side but found him dead. The bullet struck Snyder in the chest.
The Snyder brothers and Miller were in a party of ten who were hunting deer on Halifax side of the mountain near here and withing 100 years of the State road. The hunters carried Snyder to the undertaking establishment of W. J. Minier here, and summoned Coroner J. H. Kreider.
Mr. Snyder is survived by his widow, a small daughter, brother and mother, Mrs. Mary E. Snyder, all of Halifax, R. D. No. 4.
The hunting party was largely composed of hunters from the vicinity of Elizabethville. The members of the party absolved Miller from any carelessness in the shooting which they said was accidental.
Funeral arrangements have not been completed.
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From the Harrisburg Evening News, December 15, 1925:
INQUEST TODAY IN DEATH OF HUNTER AT MILLERSBURG
An inquest in the death of Samuel S. Snyder, 30 years old, of Halifax, R. D. 4, who was shot and almost instantly killed when mistaken for a deer last Thursday on the Halifax side of the mountain near Millersburg, will be held by Dr. J. H. Kreider, coroner coroner, at Millersburg at 3 o’clock this afternoon.
Charles Miller is said by witnesses to have fired the shot that resulted in Snyder’s death. The bullet entered Snyder’s chest. Both men were members of a hunting party of ten men from the vicinity of Elizabethtown [sic]. Those who saw the accident absolved Miller from blame.
Note: Article erroneously refers to Elizabethville as Elizabethtown.
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From the Harrisburg Telegraph, December 16, 1925:
KREIDER, FOX WILL CONFER TODAY ON DEER HUNTER’S DEATH
District Attorney Robert T. Fox will confer again with Coroner J. H. Kreider before deciding whether any prosecutions will be brought in connection with the fatal shooting of Samuel Snyder of near Fisherville, in a hunting accident last week.
The inquest was held yesterday afternoon at Millersburg. The coroner’s jury returned a verdict that Snyder “came to his death while hunting with an unorganized party and according to the testimony presented was shot by Charles Miller, which shot accidentally caused Snyder’s death. It is the belief that the tragedy may have been averted if the party had been organized.”
E. LeRoy Keen, assistant district attorney, and E. E. Beidleman, representing the Snyder family, as well as State game department officials, attended the inquest. Mr. Keen probably will make a detailed report to District Attorney Fox during the day.
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From the Elizabethville Echo, December 17, 1925:
VERDICT OF THE CORONER’S JURY
DECIDE IN SHOOTING OF SAMUEL S. SNYDER
The Coroner’s Jury met at Millersburg on Tuesday to get the testimony in the case of the shooting of Samuel Snyder while he and others were hunting for deer. After some deliberation the following verdict was rendered: “Samuel Snyder came to his death while hunting with an unorganized party and according to the testimony presented, was shot by Charles Miller which shot accidentally caused his death. It is the belief that the tragedy might have been averted , if the party had been organized.”
Assistant Attorney E. Leroy Keen and Game Protector Kilgore of Hershey attended the inquest, and Attorney E. E. Beidleman appeared as a representative of the Snyder family.
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From the Lykens Standard, December 18, 1925:
FIX BLAME FOR DEATH OF SAMUEL SNYDER
A coroner’s inquest Tuesday at Millersburg in a verdict reached after some deliberation said that Charles Miller, of near Fisherville fired the shot that killed Samuel Snyder of the same address, while both were hunting near Millersburg.
Snyder died instantly last Thursday after three shots had been fired at a deer that appeared in the brush near him. He and Miller with eight others had started out several hours before with high-powered rifles to hunt in the mountains near Millersburg.
Coroner Kreider after investigating discovered three of the party had fired at the deer and called an inquest to lace the blame for the man’s death. Tuesday’s verdict was “Samuel Snyder came to his death while hunting with an unorganized party and according to the testimony presented was shot by Charles Miller which shot accidentally caused Snyder’s death. It is the belief that the tragedy may have been averted, if the party had been organized.”
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From the Harrisburg Evening News, December 22, 1925:
CHARGED WITH SHOOTING MAN IN ERROR FOR GAME
In the first action of the kind of Dauphin County, Charles Miller, Fisherville, today was charged with shooting and killing a human being in mistake for game.
Information was ordered made against Miller by District Attorney Fox following an investigation into the killing of Simon Snyder, also of Fisherville, while hunting deer near Millersburg some weeks ago. The action os brought under the Act of 1921.
Miller has been ordered to appear before Alderman A. M. Landis, the date of the hearing to be fixed later. The shooting occurred December 10 when Miller and Snyder were members of a deer hunting party.
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From the Harrisburg Telegraph, December 22, 1925:
DEER HUNTER WHO KILLED COMPANION TO BE PROSECUTED
ACTION BY DISTRICT ATTORNEYT FOX FIRST UNDER ACT OF 1921
SHOOTING ON DECEMBER 10
Information was made to-day against Charles Miller, Fisherville, at the direction of District Attorney Robert T. Fox, charging him with accidentally shooting and killing Simon Snyder, a neighbor, in mistake for game.
It is the first charge of its kind to be brought in Dauphin County under an act of 1921 authorizing a prosecution alleging “accidental shooting of a human being in mistake for game or other wild animals.”
The prosecution was brought before Alderman A. M. Landis and the date for the hearing will be fixed when service of the warrant is made upon Miller.
The fatality occurred December 10 near Millersburg, when Snyder, Miller and two other men were deer hunting. Snyder was alone at the time, and when three shots were fired the other members in his party heard a groan in the underbrush. They found Snyder lying on the ground fatally wounded and he died before medical aid could be summoned.
At an inquest last Tuesday, a coroner’s jury, sitting in Millersburg, held that Snyder’s death was caused by a shot fired by Miller accidentally, but that the tragedy “may have been averted if the party had been organized.”
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From the Harrisburg Evening News, December 23, 1925:
HALF-DOZEN CASED PENDING IN WHICH HUNTERS HAVE MISTAKEN MEN FOR GAME
There are about a half a dozen cases in Pennsylvania similar to that instituted here yesterday by District Attorney Fox against Charles Miller, of Fisherville, who mistook Simon Snyder, a friend, for a deer and shot and killed him.
Mistaking a human being for game and shooting is a violation of an act of 1921, passed for the protection of sportsmen, and the State Game Commission has been showing much interest in having the law enforced.
“We know of about half a dozen similar cases,” said Seth E. Gordon, secretary of the Game Commission today. “I was glad to see the position District Attorney Fox took here to protect the lives of sportsmen. I am sorry for the individual affected, but the prosecution is a matter of policy and the district attorneys of the State realize this.”
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From the Elizabethville Echo, December 24, 1925:
DEER HUNTER TO BE PROSECUTED
District Attorney Robert T. Fox directed that information be made against Charles Miller, Fisherville, charging him with accidentally shooting and killing Samuel S. Snyder, in mistake for game. The prosecution was brought before Alderman A. M. Landis, Harrisburg, on Tuesday and the date for the hearing will be fixed when service of the warrant is made upon the accused man.
The fatal shooting occurred on December 10th near Millersburg on the south side of Berries’ Mountain and the verdict of the Coroner’s Jury at that place on the 15th held that Snyder’s death was caused by a shot fired by Miller, accidentally. The jury also stated that the accident might have been avoided had the party been an “organized hunting party.”
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From the Harrisburg Evening News, December 28, 1925:
HUNTER HELD ON CHARGE OF SLAYING COMPANION
Charles Miller, of Fisherville, who was arrested several days ago in connection with the shooting of his companion, Simon Snyder, also of Fisherville, while they were hunting on December 10, was held under $1000 bail for his appearance in court at a hearing before Alderman Landis this morning.
Miller was arrested on a warrant issued by Alderman Landis upon information of District Attorney Fox. Last Tuesday a coroner’s jury returned a verdict implicating Miller in the death of Snyder, his companion.
According to the information given, Miller and Snyder were hunting dear near Millersburg and Miller accidentally shot Snyder, believing him to be a deer. He is held on a charge of manslaughter.
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From the Harrisburg Evening News, January 14, 1926:
HELD FOR COURT ON CHARGE OF KILLING MAN IN MISTAKE FOR GAME
Charles Miller, of Jackson Township, was indicted by the Dauphin County Grand Jury today on a charge of shooking a human being in mistake for game.
While hunting on Peter’s Mountain December 10, Miller is alleged to have shot and killed Samuel Snyder, of Halifax. Miller will be placed on trial in criminal court this week.
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From the Harrisburg Evening News, April 5, 1926:
SHOOTING LAW IS UPHELD HERE
Constitutionality of the State law which makes it a crime to kill a human being in mistake for game, was upheld by Judge Fox in the Dauphin County court today.
The decision was given in the case of Charles Miller, of Fisherville, who was indicted under the law in January for the accidental slaying of Samuel Snyder, of Fisherville, while hunting near Millersburg on December 10, 1925.
Michael E. Stroup, counsel for Miller, stated today that he will carry the question of constitutionality to the State Supreme Court, and if necessary, to the United States Supreme Court, if Miller is convicted. Miller will be tried in June criminal court.
Refuse to Quash Indictment
Judge Fox’s ruling was given in a motion to quash the indictment against Miller. This motion was made when Miller was placed on trial in January criminal court. The trial was then continued pending argument and decision in the petition for the discharge of the indictment. Under today’s decision the court refuses to quash the indictment.
Stroup contended the State law is unconstitutional because it deprives the defendant of his only possible defense, that the shooting was accidental. In his argument Stroup stated the law sought to “make an honest mistake a crime.”
Judge Fox, in his written opinion states:
“The purpose of the act of Assembly under consideration it to protect the lives of human beings by having those using firearms when hunting wild game in the State, exercise gross care and caution. It compels the hunter before shooting to be certain that the object at which the firearm is aimed is not a human being. Such duty is without difficulty. It is intended to prevent carelessness and recklessness. There is nothing unreasonable in this. It is better that hunters lose game than human beings lose lives.
“The protection of the lives of its citizens is within the police powers of the State and the latter has for such purposed inherent power to pass a statue such as the one in question, giving the defendant and all others in his class a fair trial in a court of justice according to the more of proceeding applicable to such a case.”
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From the Harrisburg Telegraph, April 5, 1926:
UPHOLDS STATE GAME LAW IN OPINION: HELD FOR MAN’S DEATH
Constitutionality of an act of 1921 making it unlawful for any person to shoot as, would or kill a human being in mistake for game was sustained by Judge Fox today.
The decision was given in the case of Commonwealth against Charles Miller, Fisherville, indicted for accidentally killing Samuel Snyder, a neighbor, December 10, last year, while on a hunting trip near Millersburg. Mille was with a group hunting for deer. Several shots were fired in some brush. When a groan was heard they rushed to the place and found Snyder had been fatally injured.
After Miller’s indictment his attorney, M. E. Stroup, asked the court to quash the prosecution, contending that the law was unconstitutional, because it deprived him of a defense on the ground that the killing was a mistake and unintentional.
Miller’s case will be listed for trial by District Attorney Fox for the June session. Mr. Stroup, his counsel, said no decision will be made on an appeal to a higher court until a verdict is returned.
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From the Harrisburg Telegraph, September 11, 1926:
132 CASES ON LIST
The September court trial list includes 132 cases for grand jury action and 42 prosecutions continued from previous courts.
One of these is the case against Charles Miller, indicted for accidentally shooting and fatally injuring Simon Snyder, a neighbor, in mistake for game while they were on a hunting trip last December. He will be called for trial September 24 [1926]….
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From the Elizabethville Echo, September 16, 1926:
SNYDER-MILLER SHOOTING CASE IN COURT
The case against Charles Miller of Jackson Township, indicted for the accidental shooting of Samuel Snyder, is selected to be heard, Friday September 24 [1926] in Court.
Miller was held after Samuel Snyder, a member of the same party, was shot and instantly killed on Berries Mountain, near Millersburg, last December, while the party was hunting for deer.
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From the Lykens Standard, September 17, 1926:
CHARLES MILLER TRIAL SEPTEMBER 24th FOR DEATH OF HUNTING COMRADE
A trial of general interest thru-out this county is that of Charles Miller of Fisherville, who is charged with involuntary manslaughter in the death of Samuel Snyder, who resided near Dietrich, Halifax R. D. 4.
Miller in company with a group of hunters was on the mountain south of Millersburg on Thursday, December 10, when a shot fired at a deer, which was being chased in a drive, struck Snyder and shot him thru the heart causing instant death.
First Case Of Kind
The case is the first charge of its kind to be brought in Dauphin County under an act of 1921 authorizing a prosecution alleging “accidental shooting at a human being in mistake for game or other wild animal.”
The prosecution was brought before Alderman A. M. Landis of Harrisburg and the date of the hearing was fixed on the September trial list.
Constitutionality Contested
Michael E. Stroup, well known attorney in Dauphin County Court on January 15th [1926], attacked the constitutionality of the State Law making it a crime to shoot a human being in mistake for game.
According to Stroup, the law leaves the defendant no defense. The accidental shooting of another is made a crime by the law and hat is the only defense that could be raised in a case of this nature.
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From the Harrisburg Evening News, September 24, 1926:
ON TRIAL FOR SHOOTING MAN IN MISTAKE FOR GAME
For the first time in the history of the Dauphin County courts, a man was placed on trial this afternoon in the criminal court charged with shooting and killing a human being in mistake of game.
The man is Charles Miller, of Halifax Township, who is charged with killing Samuel Snyder, also of Halifax Township, during the hunting season. The two men were gunning together in the woods near Millersburg. Mistaking his friend for a deer, Miller is said to have fired the gun, fatally wounding Snyder.
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From the Harrisburg Telegraph, September 25, 1926:
HUNTER IS FREED IN MAN’S DEATH
In the first case of its kind ever tried in Dauphin County, Charles Miller, of Fisherville, was acquitted in criminal court today of shooting and killing a human being in mistake for game.
He was accused of shooting Samuel Snyder, of Fisherville, while they were hunting deer near Millersburg last fall. Miller denied firing the shot that killed Snyder and claimed that he had shot at a deer. Three shots were fired simultaneously by three different hunters at the time Snyder was killed.
Under a new law it is a crime to kill a human being in mistake for game. This law does not apply to cases where a bullet, fired at a deer, kills a human being.
Brother on Stand
A bit of pathos was injected into the trial of Miller when William Snyder, twin brother of the dead man and a member of the tragic hunting party, took the witness stand.
With a quivering voice he told of finding his brother lying face down and with unsteady hand he showed the jury the bullet torn coat his brother wore when he was shot. The dead man’s widow and sister were also in court.
Michael E. Stroup was counsel for Miller. District Attorney Robert E. Fox conducted the prosecution for the State.
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From the Harrisburg Sunday Courier, September 26, 1926:
JURY ACQUITS MAN FOR KILLING ANOTHER
In the first case of its kind tried in the Dauphin County Court, Charles Miller, of Fisherville, near here, was acquitted yesterday of shooting and killing a person in mistake for game.
Miller was accused of shooting Samuel Snyder, of Fisherville, while they were hunting deer last fall. Miller denied firing the shot that killed Snyder. He claimed that he had shot at a deer. Three shots were fired simultaneously by three hunters at the time Snyder was killed.
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From the Elizabethville Echo, September 30, 1926:
ACQUITTED OF KILLING FELLOW DEER HUNTER
CHARLES MILLER OF JACKSON TOWNSHIP FRED IN DEATH OF SAMUEL SNYDER
WAS TRIED UNDER NEW GAME LAW
On Friday, the Snyder-Miller case was opened in Court when Charles Miller of Jackson Township went on trial before Judge Hargest in the first prosecution brought by the State under a legislative act making it a crime to shoot and kill a human being being in mistake for game.
Miller was charged with the fatal shooting of Snyder, a member of the same party, who last December were hunting for deer on Berries Mountain near Millersburg. Witnesses testified there were three shots fired before Snyder’s death and that Miller aimed in the direction of Snyder, it is said. Henry Hoffman who went to the stand said he asked Miller why he “shot like that” to which the defendant replied, “Why it looked like a deer moving through the brush and trees.”
The case was brought at present to test the constitutionality of the law, according to District Attorney Fox, and Michael E. Stroup, Attorney for the defendant made the statement that he would appeal the case to the Supreme Court if the County Courts would convict Miller. Counsel Stroup objected to the prosecution of the case on the claim of the unconstitutionality of the act.
Upon conviction the penalty which the act provides is not less than two or more than five years in jail, payment of from $500 to $1000 to a responsible relative of the deceased and the taking away of hunter’s license for a period of ten years.
A number of witnesses, including William Snyder, a twin brother of the deceased, entered the stand just before the court adjourned on Friday.
When the case was re-opened Saturday morning, Miller, who was on the stand denied firing the shot which killed Snyder. It is claimed three shots were fired at the same time Snyder was shot, by three different hunters. Miller claimed he shot at a deer, and the law under which he was tried does not provide a penalty where a bullet fired at a deer kills a human being.
The jury acquitted Miller on Saturday after a period of deliberation.
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EPILOGUE
From the Harrisburg Telegraph, October 13, 1926:
HUNTER WHOSE GUN KILLED COMRADE DIES IN CRASH
Charles Miller, Cleared in Gunning Death, Fatally Injured
Two weeks after being freed of charges of killing a comrade while deer hunting last year, Charles Miller, 26, near Fisherville, was killed yesterday when an automobile in which he was riding collided with another machine on the road between Fisherville and Halifax.
Cornelius Miller, the father, Paul Lenker, a neighbor, and Jacob Wertz, owner of the automobile, were injured in the crash, none seriously.
Returning to Work
Miller had been staying at home since the trial in the Dauphin County courts and decided yesterday to return to work in a rubber factory at Buffalo. Wertz offered to take him to the Halifax railroad station and the other men decided to accompany them. Au automobile driven by Chester Reigle, of Halifax, apparently sideswiped the Wertz machine on the road near the George Fetterhoff farm, about quarter-mile from Fisherville, and upset the car.
Cornelius Miller escaped with scalp wounds, Jacob Wertz with a sprained back, and Paul Lenker suffered bruises about the body. Reigle and Frank Hoover, a companion, escaped injury.
Dr. R. E. Barton, of Elizabethville, was summoned to the Fetterhoff farm to treat the injured, while the body of Miller was ordered removed to the undertaking rooms of Charles C. Baker, at Halifax.
Dr. J. H. Kreider, county coroner, announced that an investigation of the accident would be conducted today.
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From the Harrisburg Evening News, October 13, 1926:
FREED BY JURY, DIES IN CRASH; 3 OTHERS HURT
One man was killed, three were hurt and two escaped injury yesterday when automobiles in which they were riding collided on the road between Fisherville and Halifax at the farm of George Fetteroff, about a quarter of a mile from Fisherville.
The dead man is Charles Miller, 26, of Jackson Township, near Fisherville, who had returned from his place of employment in Buffalo to stand trial in the dauphin County Courts two weeks ago on a charge of shooting a human being in mistake for game. He was acquitted but remained at his home until yesterday, when the accident occurred while he was on his way to Buffalo.
Cornelius Miller, the dead man’s father; Jacob Wertz, of near Elizabethville; and Paul Lenker, also of near Elizabethville, were injured.
They were in the machine with Miller, which was owned and operated by Wertz. The occupants of the other machine were Frank Hoover and Chester Reigle, the driver, both of Halifax. They escaped injury.
The injured men were taken to the Fetterhoff farmhouse. A physician was summoned and treated the elderly Miller for scalp wounds and a number of fractured ribs, Lenker for scalp wounds and body bruises and Wertz for a sprained back.
When the accident occurred, Miller was being taken by Wertz to the railroad station at Halifax. The Reigle machine was traveling in the opposite direction.
Reigle was fined $10 in June on a reckless driving charge after his machine collided with one driven by a Schuylkill County resident.
An inquest in Miller’s death was to be held at the Fisherville Hotel late in the afternoon.
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News articles from Newspapers.com.
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