The morning news. [volume] (Savannah, Ga.) 1887-1900, 1893-01-29
MARKED BY TIE LETTER c.
Judge Macdonald Decides That Is the
Only Letter TO Marx Oyster Beds

Only Letter TO Marx oyster BedS-
The second prosecu lion for oyster poach-
ing in violation of the Ryals law took place
in the city court yesterday, and like the
first, which occurred several weeks ago, re-
suited in an acquittal
Toby Stevens and Charles Bradley we're
prosecuted BY Marshal Leuz OF White
1 Bluff. who is also Waterman Of
the Vernon Oyster Company's lands.
Tor longing oysters from Mr.. r +.
! BurdelFs grounds near Beaulieu last week.
Marshal, Leuz testified that his attention
was attracted early in the morning 20 an
| oysterman's boat alongside Mr.. Burdelrs
| leased property, and be got his glasses and
ne sa" 9wo negroes gathering oysters there.
| ne waited until they came over 10 White
| bluh and saw that they had about six
bushels OF oysters in their boat. He asked
their names and was given fictitious onesS
de made inquiries until he secured their
| right names and then went before Magis-
trate blois, swore out warrants and ar
rested them.
J. K. Saussy, Jr., Esq, who defended the
| prisoners. subjected Marshal Leuz to a
| severe cross-examination under which he
admitted he was taking a strong per-
sonal interest in the prosecution because
It. was TO his interest to do SO, as he is ennS-
| ployed as Waterman by the Vernon COM
pany.
THE VERNON CoMPANY's INTEREST.
DR.. J. g. Bulloch, secretary of the Yer
/ non company, was put up by the state to
prove that Mr.. Burdel's land had been
properly staked of and marked. Under
| AR. Saussy's cross-examinauion Dr. Bulloch
admitted that Mr.. Burdell had acquired the
lease OF the land, but intended TO turn it
over to the Vernon company later; that the
company had planted the oysters ON the
ground, and had put up the stakes, but be-
sides painting the large letter o on the
posts, as required by law, the letters V. &.
were added on each side, to designate Yer
non Oyster Company.
When pressed closely by Mr.. Saussy for
the reason why the extra letters should have
! been put on the posts erected on the private
lands Of an individual, DIR. Bulloch said it
was the idea of one of the members of the
company, but not by any particular right.
In view Of the fact that the Vernon COM
pany had planted the oysters Mr.. Saussy
desired DIR. Bulloch's opinion as to the claim
| in the indictment that the bivalves were the
property Of Mr.. Burdell. The doctor re-
Piled that legally the oysters belonged to
| MIR Burdell, but he did not care to express
any opinion about moral rights.
DENIED THEY WERE PoACH1NG.
The prisoners denied emphatically that
they had taken any oysters from Mr.. Bur
dells land. They said the oysters were
I
river, and that the time Marshal Leuz saw
| their boat alongside Mr. Burdelrs place
they were drifting waiting for the change
Of tide to help them home. Stevens said
the marshal pulled pistol on them and de-
| manded that they throw the oysters over
board under penalty of being shot, but he
told Leuz be dare not shoot as the oysters
were not stolen property.
Mr.. Saussy made short opening argu-
ment, in which he denied Mr. Burdell's
rightful ownership to the land and de-
nounced his lease as a subterfuge in behalf
of a corporation. Mr.. Saussy said the
members OF the Vernon company had taken
out private leases and after five years
would turn the property over to the COM
pany.
John Sullivan Schley, Esq., who assisted
Solicitor General Fraser in the prosecution,
made only brief argument for the state.
be produced Mr.. Burdell's lease to prove
title TO the land and said the state had
made out its case by Marshal Leuz Mr.
Schley said the protection Of the culture of
oysters is a necessity, which will be shown
by the future, and he asked for convtc-
tion OF the accused as a warning to others
that respect Of the law would be enforced.
DENOUNCED TIE LEGISLATURE.
Mr.. Saussy closed by denouncing monop-
| olies and the legislature which passed the
oyster law, on the ground that the survey
| it took for a guide was inaccurate.
Judge MscDonell, in deciding the case.
said there is a difference Of opinion as to the
oyster law, some claiming it TO be a good
measure and others alleging that it is
wrong, but as far as the
court is concerned its duty
| is to see that laws are respected. He agreed
| with MIR. Saussy that the action of the leg
| islature in bastng the law on an inaccura GO
survey was q peculiar hardship on the PEG
| nile who mad bean making a LIVING nv oatb
ering oysters, but nevertheless il must be
obeyed.
Judge MacDonell said his intention is to
| strictly enforce the law and severely punish
oyster poachers whenever their guilt is
| clearly proven, but the guilt must be abso-
lutely and unequivocally proven, and at
the same time the proLrietors of leased
lands must show they have strictly COM
piled with the law themselves in securing
oyster lands.
ONLY THE LETTER "o.n
THE law said Judge MacDonell, "re-
quires that upon the stakes there must be
the single letter 20, eight inches high on a
| white ground, and when anything else is
added the sign is not legal one. In this
case it Is admitted that the letters 'V" and
&c" were also on the stakes, and one might
just as well take it for patent medicine
| sign as a mark to leased oyster lands. The
lessee has not complied with the law, and
| TO my mind the state has not proved its case
and discharge the defendants, but at the
same time warn everybody that when am
satisfied the law has been violated severe
| punishment will be melted out"
The case attracted a large gathering of
| negro oyster men and oyster women to the
| court, who seemed disposed to give vent to
their satisfaction at the acquittal OF the
prisoners, but were kept in check by the
| officers Of the court