Say What?! v3 [BLOGGER PREVIEW]

“The Shadow, mysterious aide to the forces of law and order is, in reality, Lamont Cranston, wealthy young man about town who, years ago in the Orient, learned the hyponotic power to cloud men’s minds so they could not see him. Cranston’s
friend and companion, the lovely Margo Lane, alone knows to whom the voice of the invisible Shadow belongs ...“ Harmon, “The Great Radio Heroes,” pp. 55-71 (Doubleday & Co., Inc. 1967). As Peter Caudle knows, from 1937 to the spring of 1939, The Shadow’s voice belonged to a very young Orson Welles, who shared the kilocycles with a Margo Lane played by Agnes Moorehead.
“No birds have been indicted and there is no indication in the record that they were even aware of, much less participated in, the criminal activity unearthed by the grand jury. They were at least as innocent as the horses whose jockeys were bribed to discourage their best efforts at Pocono Downs See United States v, DiNapoli, 557 F.2d 962, 964 n.1 (2d Cir.), cert. denied, 434 U.S. 858 (1977).” (644 F.2d at 109)
Ogden Nash wrote “The one-I lama, he’s a priest . . . The two-I llama, he’s a beast . . . And I will bet a silk pajama . . . There isn’t any three-I lama.” But he added: “The author’s attention has been called to a type of conflagration known as a three-alarmer. Pooh.”
“‘The trumpeter swan makes a noise described by a trial witness, Cherie Perie, as ‘weird.’ The appel-lant, on the other hand, in her grand jury testimony stated that the male trumpeter during court-ship “struts around with his neck and head held high and makes this marvelous little trumpeting sound.’ Appendix at 29, De gustibus, The mute apparently courts in silence.” (644 F2d at 109.)
Mrs. Meffert also testified ‘“that she was a collector of Australian parrots in Hayward, California and described these parrots as ‘citizens.’ The court interjected: ‘A citizen bird?’ The witness answered:
‘ Yeah, the whole birds is citizen.’ “Judge Mulligan footnoted: “‘There are various record references to ‘citizen’ birds which was confusing since those at issue here were aliens . We are persuaded, however, that the word spoken was ‘psittacines’ (parrots) and not citizens. The confusion of the scrivener is understandable.’ (644 F2d at 110.
Mrs. Meffert also testified that after a few days one of the swans died and she preserved his leg in her freezer to establish his demise. “The trial judge, perhaps to relieve the tension, observed that while he had enjoyed goose dinners he had never consumed swan — some indication of the limited cuisine available in the Northern District. The swan leg was not offered in evidence as an exhibit.” (644 F2d at 110).
“‘For a liberal construction of the term “birds,’ by a Canadian court see Regina v. Ojibway, 8 Criminal Law Quarterly 137 (1965-66) (Op. Blue, J.), holding that an Indian who shot a pony which had broken a leg and was saddled with a downy pillow had violated the Small Birds Act which defined a ‘bird’ as ‘a two legged animal covered with feathers.’ (644 F2d at 112.)(8)
See also United States v. Jacobson, 647 F2d 990 (9th Cir. 1981) (involving “‘large scale parrot smuggling” from Mexico into the United States); and State v, Loegering, 1 Posey’s Unreported Cases 18 (Tex, Comm’n App. 1880) (a Texas Biologist, who had discovered that the life of porpoise could be prolonged indefinitely by a diet of seagulls, was arrested at the Louisiana border; the charges transporting gulls across state lines for immortal porpoises.)