Can't tell what I'd do, but why didn't you call?? With any type of call--pushbutton, box, locator, diaphragm, etc. If you are going turkey hunting, you MUST HAVE had a call with you!! That might have alerted the other hunter without spooking the turkey

The other thing, and I know I'm not the one to talk about this particularly, because I've been blessed with great turkey hunting success over the years, is what is this sport all about, if not about sportsmanship? Is it only about killing a tom? Then why did treeclimber have such a great day, never even firing a shot?? (See his post Had A Great Day On The Island, Never Fired A Shot.) I think there is much more to the sport, and the sad thing about killing a turkey is that once you shoot your turkey, your season is over. Most people are not likely to go out and sit under a tree and listen to gobblers at sunup or call to turkeys when their hunt is over.

From that perspective, I might very well have passed on killing that tom. Not killing this particular "ethical dilemma" bird gets me the opportunity to hunt another day.

A reason I am not certain what I would do in your situation, however, is I do not know what the other hunter thought. Was he sitting there because he's a jerk and was mad that you beat him to the spot?? Then I'd probably take the bird. Was he there unknowingly "on top" of you and your set up? Then I might have let the bird pass.

I don't think I would have been silent when he (the other hunter) came out, though, and I don't believe the tom was on top of you when the other hunter came out, because if the tom was, the other hunter would have spooked a normal turkey. So there must have been some time you could have let the other hunter know of your setup. And for me, I'd have said something for my own safety, even if it DID mean spooking a turkey. Getting shot from 40 yards away can hurt you pretty good, if it doesn't kill you. I'd never risk getting shot like that. (And I have been shot, so I know it can happen.) Sitting there, silently (not calling either for the turkey or to the other hunter) was IMHO a pure invitation to disaster. What if that turkey had walked so as to be on the line between you and the other hunter?? You shoot the other hunter or he shoots you??