In captivity, a large proportion of mammals fight, more or less; and the closer the confinement, the greater their nervousness and irritability, and the more fighting. Monkeys fight freely and frequently. Serpents, lizards, and alligators rarely do, although large alligators are prone to bite off the tails or legs of their small companions, or even to devour them whole. Storks, trumpeter swans, darters, jays, and some herons are so quarrelsome and dangerous that they must be kept well separated from other species, to prevent mutilation and murder. In 1900, when a pair of trumpeter swans were put upon a lake in Prospect Park, Brooklyn, with three brown pelicans for associates, they promptly assailed the pelicans, dug holes in their backs, and killed all three. The common red squirrel is a persistent fighter of the gray species, and, although inferior in size, nearly always wins.

A Fight Between a Whale and a Swordfish. One of the strangest wild animal combats on record was thus described in the Proceedings of the Zoological Society of London, for 1909.

"Mr. Malcolm Maclaren, through Mr. C. Davies Sherborn, F. Z. S., called the attention of the Fellows to an account of a fight between a whale and a swordfish observed by the crew of the fishing-boat 'Daisy' in the Hauraki Gulf, between Ponui Island and Coromandel, as reported in the 'Auckland Weekly News,' 19th Nov., 1908. A cow whale and her calf were attacked by a 12 ft. 6 in. swordfish, the object of the fish being the calf. The whale plunged about and struck in all directions with her flukes. Occasionally the fins of the swordfish were seen as he rose from a dive, his object apparently being to strike from below. For over a quarter of an hour the whale circled round her calf, lashing furiously and churning up the water so that the assailant was unable to secure a good opportunity for a thrust. At last, after a fruitless dive, the swordfish came close up and made a thrust at the calf, but received a blow from the whale's flukes across the back, which apparently paralyzed it. It was killed and hauled on board the boat without difficulty, while the whale and calf went off towards Coromandel with splashings and plungings. The whale's blow had almost knocked off the back fin of the swordfish, and heavily bruised the flesh around it. No threshers accompanied the swordfish."

Beyond question, as firearms and hunters multiply, all wild animals become more timid, less inclined to attack man, and also less inclined to attack one another. The higher creatures are the most affected by man's destructiveness of animal life, and the struggle for existence has become so keen that fighting for the glory of supremacy, or as a pastime, will soon have no important place in the lives of wild animals.

XXIV

WILD ANIMAL CRIMINALS AND CRIME

Many human beings are "good" because they never have been under the harrow of circumstances, nor sufficiently tempted to do wrong. It is only under the strain of strong temptation that human character is put through the thirty-third degree and tried out. No doubt a great many of us could be provoked to join a mob for murder, or forced to steal, or tortured into homicidal insanity. It is only under the artificial conditions of captivity, with loss of freedom, exemption from the daily fear of death, abundant food without compensating labor, and with every want supplied, that the latent wickedness of wild creatures comes to the surface. A captive animal often reveals traits never recognized in the free individual.

"Satan finds some mischief still for idle hands to do."

These manifestations are of many kinds; but we propose to consider the criminal tendencies of wild animals both free and captive.

The persistence of the mental and moral parallelism between men and wild animals is a source of constant surprise. In a state of freedom, untrammeled by anything save the fear of death by violence, the deer or the mountain sheep works out in his own way his chosen scheme for the survival of the fittest,—himself. In the wilds we see very few manifestations of the criminal instinct. A fight between wild elk bulls for the supremacy of a herd is not a manifestation of murder lust, but of obedience to the fundamental law of evolution that the largest, the strongest and the most courageous males of every herd shall do the breeding. The killing of natural prey for daily food is not murder. A starving wolf on the desolate barren grounds may even kill and devour a wounded pack-mate without becoming a criminal by that act alone. True, such a manifestation of hard-heartedness and bad taste is very reprehensible; but its cause is hunger, not sheer blackness of heart. Among wild animals, the wanton killing of a member of the killer's own species would constitute murder in the first degree, and so is all unnecessary and wanton killing outside the killer's own species.