The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-05-30
OYSTERMEN IN TIE COURTS
. r,our FOR POSSESSION or ThA
arDoF RABIrAN BAY

Reypor'- U' ,,or Oysters were Kept
n, New workers. Many wear, ,,a..,,
,ort Parfr's Return "O"'
,,,.. ,,terneoine oyster war OF taritan
L,,o.uIted last week In decided check 10 Tue
Iays,sr Kings Of keyport. The ancient riRh.s Vi
I,besturdy yeomanry OF that tregion To take clarns
and o,.ters in any part OF the bay at viii have
'beon gradually encroached upon by rich capital
.,,ts. VINO have fenced In vast oyster plantations
,nt,l now the individual oysterman has scarcely
d. nayinr spot wherein he may dip hts tonRs.
l,rhe OYSTER acrapers and clam diggcrs are US
class hardy and independent; they are there
fore mst the men to do battle for their rights
asainst the tyranny Of the oyster kings.
In 1873 John Britton, an oyster planter sou OF
Capt. Cornelius Bfitton, one OF the heaviest
operators In Keyport, enclosed and planted ten
or twelve acres additional. partly with "Nir-
einiRs and partly with "naturals" native
oystorsj The oystermen rebelled against this
and other subsequent encroachments. They
held a meeting. employed counsel. aud 10y public
notification prohibited the planters from keep
ing their oysters on the natural oyster grounds
OF the bay, and In the same notification they
made known their determination to remove
whatever oysters they might nnd on such
grounds year after the date Vf the notice,
which was q year ago In April. John Brtton
wouldn't budee. So. ON the 2Otn OF last month
the uy-Jermen mhue ueeCent uPo" "'e
grounds
John Ilritton died In November. 1873, and then
the blua old Captain. his father, looked after
his interests. lie had about score Of the
oystormen arrested aud indicted a; the May
term u the Monmouth County Court. Yet they
did uOt desst from taking oysters until ne pro.
cured an injunction from the Chancellor Jf the
btate.
A TEST CASE.
Al or af ha indtrtmauta n tpet
case occupied Wednesday, Thursday, and Fri
day OF last week before Judge Scudder, in Free
hold The state was represented by the prose-
Cutor Of tho pleas, william II. Conover, and
Chion Robbins. George c. Beekman and
Charles Haight appeared for the defendants
Ezra walling and Zacharius snyder. Most OF
the adult male population Of Keyport seemed
to have been attracted to Freehold by the in
terest OF the
The prosecutor, In opening the case, said that
the indictment Was based on the new statute
passed IN 1874, making theft from an oyster bed
punishable AS a misdemeanor; that the act was
passed to remedy defect IN the old law, under
which prosecutions had filled because OF the
difficulty Of proving property. and that the law
now will take proof Of the ownership of the
oyster led AS proof OF the ownership Of the
oysters taken.
Capi. Brtton was the principal witness. He
was also understood to be the chief bacSer Of
the prosecution, a. lie owns about 10000 worth
Of the mollusks on the bottom OF X irtan Bay.
30 that after formal proof OF ownership the big,
rblur old CAPTAIN was called to the stand. lie
idenuncd snyder and wallinc, having seen
o"wScn' A.Non the eed OF last month I went
% o,.s pa G sn f orbs ry G ens .Srs onto Mrs
pa AK he ,eyn whs taey wee dony 'seres
scross else riich light onto her ground
@ sS1 s G on Sl ns % SS .no sS sf Mr.
Malhng -sys to him. These are all natural Work
asgS "'G worm OF oysters on tue
S" Of R scnd o S 'SHH
A ns & % ~ tns sprd1S d Sr 2i 20 ITha M brhL9n n sbS % NV
did We stuck the .isSes around this piece o grcunj
as1 and "sd; sd 'p wS,s a s
srou9d from TWO 70 three hour aa NE got ,hree OK,
them ronchs
The Captain detailed the quantities OF oysters
that John planted on this ground, 50 sparsely
THE ORIGINAL BEDS.
O From your knowledge Of Rartan Bay "a there
there Y year ago asi fat there was onD two or nree
naturai oyster grouad tnat ever knew heard q 10
my recollection. Any natural beds that have come
there sre must have come from the planted oysters
O Erl the Jqr, the which the Oyster
repro ucrdp A.Weli' N,rl irequentiy 'leNl take
@ en- ere % frcaasa,y @ IS .SFgp. Ssg' S about
,Sh,-on piece & Of SG9a 1 or anytmn' lrs klnG o
ea sSs Ssa az ra faf a.e US OF or
The G iptsn detailed his evidences that the
oJstets taken by the defendant were " Viz
einls and not natural-.
paG iss SfsiSi o1.isfs H2%s sis1%fa.a n'H s@
sTo sS nU ~. % I. t rhS qT, n. az T.
fgrenc ~ le ooEs nail At sI tn,y 'ye i9a n he by
mt year iou eau icl cvery one, don't taiaS you
,.9 g rom,lng n' 20 that part Of map Of lae oys
thrty birty ave acrcs, gue,sin AZ IT, linen nave
pen.ea q 500 Pa'nyl, T6sl pr soy will n,een
@ sere' @ moIs & g EN- "a iay M thsrc ior yslr or wo then
ior snylna' a M iaysn. throw 81 out. lot below
tne boys work on Tor ihemsclyes There mousht a
Having already admitted that spawns" float
ed around the bay, the Captain could not deny
tnat they "mousnt' nays formed natural beds
admitted that the "naturals" planted by his
con john on the ground in dispute OF East
SOON Sn %''e natrs evstot py SIus m
ago" n POINT Comfort. The fact was also
ehcied that tue defend ints went on this ground
III the daytime, claiming 7. .ht to do 50, making
No eHor' at o1nceament
sitl ne vessel il the oysters re hick YOU neodat
6a rec or four 6asas II They're tn taSef S.TIse We
MANY Witnesses were called TO substantiate
thpi. iititton's testimony.
THE DEFRS CE.
Mr, l'eekman, In opening the defence, made
i9Tcloie statement OF the natural and legal rl-ht
oI lhe riiLen 10 take the natural products of the
sum and estuaries OF the high seas"
Inc dolendanls, SNYDER and Walling, testified
etOh'd On which hrlttOn aiterward squatted !;
thdl It Wes naturl oyster ground ; that they
went npln II to assert their right after giving
que notice 10 Bntlon and that the oysters they
tOok Neie " naturals."
ln' grand Dulwark Of tho defence was Nimrol
nNuE' a Yet vigorous veteran OF II years, who
& &bY,l l'" first house Ii the now hOurishing town
NReyport.
g ".rre did you oyster In your younger days 10
naIuhN 1aNI Al Oystered trom Niat We called
"'us iDI f"lni prcty near 10 WI ere the buoy used
Ws'.A ilt Is Oh, al water nearly inlle further on
iAi An Ia FORMER uAirl j. thft Is about where JOhn
ni,r srouhd ls narKrd on this map never
suoNtI VI an oystrr To- be planted a. mat tine
nt VIZ natural hHd Of SUPPOSE, nfty acr,s,
~ NJ ~ hat lun pet seen the nara bottom ana the
s"t 81 MAs called ne th!LgsrOra bed. The Chinss-
=, .lf,',' hAn very hlsh name IN tlr New lOfk
~, e' ' 'ha, ume. think oysIered toward the emo
.' on NriA near Wncre tne bllttOn bed IL
nv M "thl 10 j. In my tla e, ana wnen was ou OF
W, .ry had prose the Aei up ana marketed them.
d.,2 a2 l.n got very high know consdered 4 a go
lo ca ch my oysters We woull ge s. or 81
In i1r lhrm thei htd got 30 hgh. I've seen other
h,p, lrl'r very near up 10 that buoy When nrst
snI M Mtu 9rl lhrY w'- very nice and sweet. They
b,,sT hu-hrl ui-tet- 10 New York, Rad they wou
nr rm ny IN tho fan ana seh them 10 The rich peo'
H.. Npud - them Ia the salne a, they did np
Ew. E'' p,'stoes Ia the WINTER Ihey dl0ut use 10
s"rH ?, - iters ticr thr Cmngarura bed wts auan.
SIN II couId we XII ON ketchug 90 ur 60R lay,
',' were then, " 1uli have ken yet. o. 90 a
~ Il a