Bridgeton pioneer., 1889-01-17
CUMBERLAND COURTS.
THE END OF THE JANUARY
TERM OF COURT.

hShces--Efay EteAU IOr the Way
Term--DecisiOn OF the Lower
Court in the FOulk d. Turner
case Revised.
WEDNESDAY, JAN. 9TH.
Court spectators had hardly got
over their surprise at the verdict in
case of Walter Hay, when Court met
in the afternoon. With all the fine
work of anateur-d detective Lore, it was
confidently expected that a different
verdict would have been rendered.
When Lawyer VanSyckel moved for
his discharge at the opening of Court
this afternoon and Judge Reed, in de-
clining to make such an order just at
present, said that he wished to investi-
gate the matter further and see if Hay
should not be held on his own admis-
sions and statements, people thought
that there was some ground for the
surprise at a verdict of acquittal He
was not released.
The oyster case was resumed and
the tedious and puzzling pro cess of ex-
arnining the witnesses went on. Some
of these witnesses had been subppnaed
by both sides; they proved to be smart
trimmers,-coul sail close to the edge
OF truth On either track; not giving
answers with sufficient explicitness to
suit the lawyers of either side into
whose hands they might fall, and Civ
ing tinge OF equivocacy to their testi-
nony which must have been mysti-
flying to the jury.
Lawyer Leaning interposed some
| ponderous objections to certain points
OF the testimony, some of which were
allowed and others overruled. His
last objection was to the admission of
the Riparian deed to Mr.. Candy as
evidence. With the offering OF this
deed the State rested.
The defense, as outlined by Mr..
Leaning, was to be that the Sea
Flower had not taken any oysters
from Gandy's grounds. His review of
the evidence Went to show that no
proof had been produced to that effect,
and he thought there was not
enough evidence in the case to take it
before tbs jury. A motion for its dis
missal at this stage was over ruled by
Judge Reed, and the defense was COM
menced. The witnesses he, Mr. Leem-
ing, intended to introduce, would show
that Mr.. CANDY was mistaken as to
where his line was. and the familiar
racket OF "a natural bed' was to be
worked of upon a suffering jury.
Mr.. Gandy's bed and the oyster beds
| adjacent (where it was to be admitted
the oysters were taken FROM were to
be proven TO have been natural beds.
Gabriel II. Holmes, the defendant,
| took the stand; said he was captain OF
| the Sea Flower, had been dredging
| off BeaEon's Point in the early part of
the day at the time covered by the in
| dictment- May sth; bea. down the bay
on account of the winds rising; Capt;
Hand was coming to; Capt. Hand
called his attention to row of stakes
Off Fortescue; dredged southwark from
the row OF stakes; was sure there were
no stakes south OF where he dredged,
and was not once inside any line of
stakes.
Captain Howard Hand sworn. said
he was dredging near Fortescue, on
May 8tl and 9th, and worked up to
within 100 feet of Gandy's stakes, and
dredged off; did not tdredge on Mr.
cfaudy's grounds. This witness re-
sides in Heislerville, and is captain of
the "R. A. McGowan." He gave the
names of q number OF boats with their
captains, who were dredging in the
same vicinity with him at the time
specified. Among the names, were
those OF Captains William Day, John
Seymour and John Fisher, who had
been called by the prosecution at the
morning session.
Captain P. Ludlam, Captain Moses
Veale and Shamgar Hand testified that
they saw no boats getting oysters from
Gandy's grounds. A number of other
captains gave similar evidence.
AL of them were 'in the soup" in
this case, excepting Captain Veale, for
they We're all captains of boats who
We're dredging together on May Sth
and 9th, and if any of them got any of
Gandy's oysters all got some of them.
Not Jolly tar among them would ad-
NIT that thev got one of those bivalves
however.
Captain George Croen said in his
testimony, that he had dredged on
those grounds for the last 20 years and |
that the beds were natural oyster beds
known as the Fishing Creek bedsn !
and Poplar beds.n
Capt. Eph. Dufield had dredged |
there in 1884, but Mr.. Gandy's grounds |
lie above where he dredged. 1t had |