The Newtown bee., 1891-04-10
NEWToWN, APRIL 10, 1891.
STRATFORD.
JAMES pEET FINED.

was brought up in the Town house, Mon
day, in the trial of James Peet, arrested
by Deputy Fish Warden Samuel Wake
lee, last week, for violating the law in
setting Il fyke net. The trial came off
before Justice 4. o. Hull of Stepney,
Representative Stiles Judson, Jr, appear
ing for the prisoner and Lawyer j. A.
Wilson of Bridgeport for the State. Dep
uty Wakclee, the first witness, had seen
the net set in the Housatonic river, the
meshes of the net, which contained fish,
being about one and three-quarters inch
es square. The net, he claimed, came
within the province Of the law. Attor-
ney Judson cross-eXamined Mr. Wakelee
as to his familiarity with fyke nets and
asked if his father had not been in the
habit of fishing with fyke nets, but was
told that he was not, so far as the wit
ness knew. He had known of shad and
other fish being caught in these nets.
He had seen Peet's net there before and
had spoken to him about the violation of
the law, but, because Peet was not GER
tain about the law, Mr. Wakelee allowed
it to remain. Wakelee did not tell Feet
that he could leave the net there, II he
was agreeable. He could not swear that
the trap in the net was open or shut. MIR
Judson asked il the witness knew that
fyke nets were used almost solely Tor
cells, perch, pickerel, ETC.; not commonly
for shad. Such use of nets was permit
ted by the statutes. Mr. Judsop explain
ed the difference between pound or
weir net and fyke net, saying that the
weir nets were principally for catching
the larger fish of outside waters, while
the fyke nets were much like an eel pot.
Mr. Wakelee drew a diagram to illustrate
his idea of the difference. Though he
had not taken the trap or bowl out OF the
water to see il it was set, he was perfect
ly satisfied that the gate was shut and
therefore made the arrest. AT the con-
clusion of the crOSs-examination, Attor-
ney Judson asked Justice Hull to find
the prisoner not guilty upon the evidence
thus far submitted. He claimed that the
statute quoted did not apply to the case
in hand but the strongest point was one
which he was fully prepared to prove,
that the net was not set at all, therefore
there could be no violation of the law.
LAWYER Wilson said that grain OF COM
mon sense should be used in conjunction
with the law and asked that he be allow
ed to continue the case. The point was
discussed at some length, but Justice
Hull refused to grant the motion and the
trial went on. Mr. Wilson asked if the
fish he had seen in this bowl were at rest
and was told that they were swimming
rapidly about; no opening by which they
might escape was visible. Mr. Judson,
however, showed that fish in the net
could pass through the open gate with
greatest ease. Mr. Judson cited Peet as
writing to the fish commissioners and fish
warden to ascertain his rights and await
ing their reply before closing the trap.
Mr. Wilson opposed the renewed motion
of Mr. Judson to dismiss the case, but
Mr. Judson claimed that the whole ques-
tlou rested upon the one point, "Was the
gate of the trap closed?" The fish war
den having said that he did not know,
the whole question ought to be dropped.
Justice Hull, however, did not allow this
motion and the examination went on.
James Peet, the prisoner, said that his
fyke net was put into the river March Ia.
The trap had never been closed. He had
not set it, because he was waiting for in
formation from the fish commissioners.
The net had been left in such manner
that it was impossible to catch any fish.
On cross-examination, he said that he
had been selling fish every day; fish he
had caught by hand, hook or scoop net.
Had never taken fish with scoop net in
front of the fyke net, which was used
principally for cells. Walter Cooper, the
next witness for the defence, said that
he had seen the net just before Warden
Wakelee visited it and that the trap was
open; the door was wired back. MIR
Wakeley was recalled and asked if he
could give further information about the
trap; this was objected to, sustained and
answered, "There was no netting of the
door visible on the top of the net" Mr.
Wilson opened the arguments by saying
that he was not there to aid in the con-
viction of an innocent man. He briefly
reviewed the testimony, saying that
there was sufficient proof to warrant the
presumption of guilt. Mr. Judson, in re-
ply, said that If finding of guilty were
rendered here, he should entirely lose
faith in Justice trials. He claimed that
the State had prepared no case. The
statute under which the prosecution was
brought did not apply, for it expressly
excepted fyke fishing. In closing for the
State, Mr. Wilson claimed that the stat
ute did bear upon the case and rendered
such fishing Illegal. Justice Hull decd
ed that the evidence was sufficient to
warrant judgment of guilty and fined
Peet S. and costs, the latter being 81 70.
An appeal was Immediately taken, bonds
of $50 being furnished by Frederick Will
coxson. The case will be brought up in
the present term of the criminal court of
common pleas.
The book issued in commemoration of
the celebration of StratfOrd's quarto-mil-
lennial is ready for delivery, this week.
All wishing a copy, If they have not al
ready subscribed, should notify Miss Nc
Even at once, as the edition is limited.
Perry Beardsley lost valuable horse,
Sunday night.
w. III. Smith has decided to offer for
sale his elegant residence on Main street
and will probably buy smaller home.
Miss May Smith, who was expected
home this Spring, has decided to remain
in Texas, where she spent the Winter
nd y.,In hos hna xxhn hn
left Stratford, has been restored.
Miss Lizzie, daughter of the late c. III.
Warner, is sick with grip. There are
other cases of grip in town and numer-
Gus cases of laryngitis or tonsilitis.
Mrs S. j. Hudson is at her Stratford
home for the Summer.
After years of suffering with Bright's
disease, Mrs Abram G. Lewis died, Sat
urday night, at the age of 81. She had
for several months been with her son-in-
law, DR. Bronson of Bridgeport, in the
hope that constant medical care and at
tendance might produce a change for the
better; but the disease had secured so
firm a hold upon her system that all eff
forts to relieve her were of but Temporal
nv service. Formerly Miss Maria Curtis,
she was life long resident of Stratford.
A consistent member Of the Congregation
al church, she was constant and faith
full attendant at the services of the
church, until i'll health prevented. She
was woman of lovable qualities and
though not prominent in church affairs,
will be greatly missed. She leaves a
husband, Abram G. Lewis; one son, Sc
lectman Samuel C. Lewis and a daugh-
ter, Mrs DIR Bronson of Bridgeport. Fu-
neral, Wednesday afternoon.
LONG HILL.
William III. Sherwood has bought the
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