The Portland daily press., 1888-10-17
HANCOCK COUNTY S. ). COURT.
JUDGE HASKELL.
MACHIAs. Oct. 1

MACHIAS, Oct. 18th.
A case Of considerable interest, especially TO
those engaged in lobster fishing and lobster pack
ing, was concluded in the Supreme Court, now in
hicS nere, Iis afternoon: Inc grand jury
ment against Jasper Wyman and Edgar A. Wv
man, OF Millbridge lobster packers at that place,
LOT Enz having IN tner possession on May 10Th last,
The law Of 1887 provides that, ''It is unlawful
70 BUY SELL expose for sale, or possess any female
loDSleIs IN the spawn or with eggs attached, or
any lobster less than ten and one half inches in
length. when alive or dead, cooked or uncooked
mIessSred ~, IN manner as fellows; taking the
the end Of the bone Of the nose to the end of the
bone OF the middle ripper of the tail, the length
10 be taken with the lobster extended ON the back
It's natural length, and any lobster shorter than
the prescribed length when caught, shall be lib
Grated alive at the risk and cost of the party tax
ing them, under penalty of one dollar for each
lobsterso caught, bought, sold, exposed Tor sale
or Ia possession not so liberated"
a. Inc Indictment charged that the Wymans, on
the date stated, did unlawfullY possess 587 lob
sters, Of less than 101s inches In length for the
purpose Of destroying the same and that said
Holsters were not liberated When the indict-
ment was returned into court, the respondents
appeared, waived the reading thereof pleaded
rot guilty and recognized for their appearance
from Jay TO day.
The case came up for trial on Thursday. The
government introduced testimony to show that
the fish wardens visited the factory of the Wy
mans on May 18th and there found and measured
Dol Tails, measuring from to Ga inches in
length, which had been cooked and were sonar
ated from the bodies of the Holsters; and also in
troduced testimony to show the comp aratiye
lengths of the bodies and tails and commended
tnaL lobSters whose tails were from four 10 five
and half inches In length must neceSsarllv have
oeeh under the limit prescribed by the statute.
lhe defendants introduced tha Testimony of
their foreman, several employees, sma ckmpn and
nshermen, to show that their instructions 10 ali
their employees had been TO receive no Holsters
under lO1z inches long, andthat such instruc-
tons were always strictly Observed; that no
short Holsters had ever been received by them
since the enactment OF The law; thai the HOLSTERS
from which the tails W. re MEASURED had been sep
arated IN the ordinary course OK business were
luHy lO12 inches, and that no violation of the
law mad been Intended o. permitted The de-
ience also introduced testimony as to the compar-
SNOW mat bodies OF precisely the same length
would often ditfer 10 the extent OF 5sths of an
men IN the length OF The TAIL and vice versa. that
IN separating the tail from the body at the factory
y was often divided one join from The body, and
mat there was shrlnkage in boiling, and CON
tended that all of the 587 Holsters were Of the re
quired.
:, The Court ruled that If Holsters were found in
the possession of the defendants alive or dead
cooked or uncooked, of less than 101a inches in
length, the defendants would be liable for so
many as were so found, and that il was for the
jury to say, from all the evidence In the case
WhetheT me i0Dsters named in the indictment
were OF the legal length when measured in the
manner prescribed by the statute,
The jury after being out nearly two homs re-
turned verdict for the defendants. County At
torney Livermore, assisted by Judge Rounds of
Calais; conducted the case for the State. and VIII
liam Freeman, Esq. of Cherryheld, and John F.
Lynch, Esq, of this place, appeared for the de-
fence.
In an Indictment against L. A. Holmes of East
port, for the same offence. aud involving practi-
cally the same state of facts, a mol pros was