Bridgeton pioneer., 1890-05-08


the defense would probably rely.
Capt. Newcomb took the stand and
testified that he first staked up his
grounds in question, eight years ago;
he planted and worked it two years,
and then let it rest two years; in 1886
he planted load of Chesapeakes and
worked it again; in 1887 he did the
same; in 1888 he left the ground idle.
In the fall of 1888 he tried the ground,
and found few old Chesapeake oys-
ters upon it, but did not work it.
In 1889, last Spring, he went down
and staked up the ground again pre-
paratory to planting with Chesapeakes
he then went over in Maryland and
Virginia, and up to Little Choptank
river, purchased between 2,1O0 and g.
200 tubs of Chesapeake oysters, char
tering q vessel at Chrisfeld, Md, with
which to convey the cargo to his
grounds in question, where they were
planted on April 22nd, 1899. Went
down and eXamined the bed in Juue.
and found the oysters doing well.
In September they had made fine
growth and in October were firm.
On Oct. 17,1Ss9, he saw Captain Dan
iels, with his schooner maggie Dan
iels," catching his oysters. Clement
Lore and Ed. Shaw, were with Captain
Daniels. He told Daniels he was catch
ing his oysters; but Daniels claimed
that the oysters were his own. He
ordered Daniels off the grounds, but
Daniels refused to go, and remained
until he had caught nearly all the oys-
ters in the bed; as he had seen him
there oystering also on the 18th, 21st
and 22nd of Oct.
Captain Newcomb claimed that the
oysters he mad planted. should have
yielded him AU least $1,000, instead of
which he had only realized little over
$500 off it.
The examination direct was con-
Quoted by Col. Potter. J. L. Van
Syckel gave Captain Newcomb Sc
we're cross-examination, but the New
port Skipper, was a match for the
tute lawyer and didn't come off second
best. The testimony in this case was
similar to that so often detailed in
these columns in connection with oys-
ter cases.
In the list of Grand Jurors the name
of John Tyler, Jr., shonld have ap-
peared instead of that of Jonathan
Lore.
WEDNESDAY MORNING.
When Court opened this morning
the oyster case of Newcomb against
Daniels was resumed.
Judge Reed was alone upon the
bench, the other Judges being en-
gagged in other business in the room
below, came in shortly after Court
opened. Judge Reeds appearance in
dicated that he had not recovered his
health completely, but he seemed to
be better than during the Winter
term.
The case was resumed by calling Ed
ward Shaw to the stand.
He testified that he was employed on
the oyster schooner Hannah and Ida''
Captain Newcomb's boat, and had
helped Captain Newcomb stake up
the grounds in question; he had helped
stake them up four springs previous to
the spring of 1889. He helped plant
oysters there in April 1889; he also went
down with Captain Newcomb to the
grounds in June following; the oysters
were then in fine condition. In Oct,
he had seen Captain Daniels with his
schooner Maggie Daniels" getting
oysters from the grounds-the same
oysters which he, the witness, had
helped to.plant in the preceding April
he had seen this on four different days.
Captain Jas. Boyle, of Millville, was
called and testified that he had seen
Captain Newcomb unloading oyster
plants off a Chesapeake vessel upon
the grounds in dispute in the spring OF
1889. He also described the bearings
of the grounds from Pierce's Point.
Edward Bowker was one of the crew
of the Hannah and Ida" and saw
Daniels Dire iging oysters on Newcomb's
grounds in question.
Leban Corbin, Dock street, Phila-
delphia, oyster commission merchant,
was called and testified that he had
scld vessel load of oysters for Cap.
tain Daniels last October; it was his
schooner, the Maggie Daniels" The
oysters were principally Chesapeake
oysters, there not being over 1000 bay
oysters in the load. The load con
tanned 40 800 culls and 22,65O primes,
and netted for Captain Daniels the
sum of $142 15
Charles Ewing, Port Norris oyster
dealer. had bought last Oct. Sd and 4th
$4,000 prime and 24,000 cullen oysters