The morning news. [volume] (Savannah, Ga.) 1887-1900, 1893-02-12
DAVIS FOUND GUILTY.
TIE FIRST CONVICTION UNDER
TEE RIVALS OYSTER LAW.


It-A New trial to Be ASKED for and
the Supreme Court to Be Appealed
to in the Event of a Refussl--If the
Case Goes to the Higher Tribunal the
Laws Constitutionality viii Be
Passed Upon.
The frat conviction for oyster poaching
under the Ryals law occurred in the city
court last night. Tom Davis, the oolored
man whose trial for longing oysters on Ran
dOph Paff's leased ground in Willismson's
creek, began Friday morning, was found
guilty by the jury after two hours delibera-
ton.
The verdict was a surprise TO nearly every
body who had heard the case. When an
agreement Of the jury was announced So
licitor General Fraser, who prosecuted
Davis with John Sullivan Schley, Esq. was
so sure that it meant the acquittal Of the
accused that he remarked well, here goes
another oystermAn-free," following it with
the statement that although he believed
Davis guilty nevertheless, there was 80 much
law in the oyster measure that Philadelphia
lawyer would be required to explain its
features in order TO secure the conviction Of
| It's violators.
AMAz RMENT AT THE VERDICT.
Clerk Bailey's announcement that the
verdict was guilty was greeted with a
| look Of amaZement from the court to the
balitfs. Solicitor General Fraser was the
most happily surprised man IN the court
/ room. All the other cases Of similar char
acter had gone against him, and he did not
think there was any reason to expect diff
4 ferent result in the Davis case
r.
at once gave notice that he would move for
a new trial, and Judge MacDonell sus-
pended sentence.
Davis did not deny that he took the
| oysters from WilliamsOn's creek but claimed
that be tonged only from a natural bed, and
| Messrs. Glgnilliat q Stubs insisted in their
arguments that the property claimed under
lease by Paf was rerlly natural bed,
besides which his lease was void as the land
had been proven to be the property OF NJ q.
D. Desvergers by title extending back to
the '6Us.
THE LAW ATTACKED ALL AROUND.
The attorneys also argued that admitting
even Pairs right to secure lease to the
land, such lease had never been re-
corded and therefore was worth
less. Mr.. Gignilliat attacked bulletin
No. 10, on which the Ryals law is based
claiming it was flagrantly unjust and ille-
the Drake survey, which be charged with
| being incorrect on account of including nat
ural beds, which TO his mind makes the en-
tire law unconstitutional.
MIR. Schley argued that the recording Of
the deed to the oyster land was not mauda-
tory, and PaR had not surrendered any Of
his rights as long as he had pr lperly staked
the land. He defended the law as a just
measure TO protect an industry worth much
TO this section, and which would die from
exhaustion OF product unless legal safe
guards for the proper cultivation of the
oyster we're thrown around IL.
Solicitor General Fraser argued entirely
on the facts and told the jury that If it be,
lieved Davis had taken oysters of sta ed
land he should be convicted. His speech
was short, and evidently impressed the jury.
| The twelve men made up their verdict on
fact entirely. leaving the legal network to
another source for unravelinga
THE SUPREME COURT WILL PASS UPON IT.
The conviction of Davis will undoubtedly
bring the entire oyster law into the supreme
court for test as to its constitutionality.
Ii was with this end in view in case of a
! conviction of their client that Messrs. Gig
nillia5 & Stubs heightened the trial by
attacking the law at every available point.
| They do not believe it will stand a test, and
if Judge MacDonell refuses new trial
| the case will be carried up to the supreme
court Oh bill of exceptions.
This feature Of the issue made the convic-
| ton Of Davis quite agreeable to both Solic-
itor General Fraser and Mr.. Schley They
want the validity of the law established or
| repudiated before the docket of the court
piles up with prosecutions for its violation.
| Mr.. Desvergers is aiding in the defense of
Davis, and he will see that the oyster law
will pass under the Judgment of Georgia's
highest tribunal, first because he is opposed
| IN ba rla al
land alleged to have been poaohed upon is
his property and not Paff's.
DIFFERS WITH JUDGE MAC DONELI.
The New York Journal of Commerce
rather takes issue with Judge MacDonelI
on his declon in the previous oyster case in
which he threw it out Of court on the ground
that the Vernon company itself had not
complied with the law in adding other let
ters to the stake besides the big o. The
papers opinion was brought out by the fol-
lowing communication:
SAVANNAH, GA, Feb. Q 1893.
Editor of the Journal Of Commerce:
In the state Of Georgia we have a law which
was passed with the view Of protecting parties
taking up land and planting oysters n re-
quires among other things that the grounds
planted shall be marked by large letter 0 on
! white ground, not less than eight inches large
upon the stakes. As there are numerous lot own
er5 it is difficult TO tell who owns the lots without
some marks to designate their owners. The
question is, would the initial letters Of the
owner, say two inches stenciled on the inside Of
the make the sign Illegal and would the Judge
be justified, If the proof was positive, in dis
charging a poacher In consequence OF these
small letters being in OF near the o?
VOC.
THE EDITORS LEGAL OPINION.
Here is the reply Of the editor:
ut is provided in Georgia by the act of
Sept. 10, 1889, as amended by the act Of
Sept. %, 1891. that any person who wishes
to stake off oyster beds and have thdm pro-
tected by the state must indicate their posi-
ton by erecting "a post not less than six
feet above the ground, with a board at
tached, the latter not less than one foot
square, upon which black letter o, not
less than eight inches long, has been plainly
painted on white ground" The Law does
not forbid the placing Of other letters or
rnarks upon the same board, and we know
of no rule Of construction under which it
could fairly be held that the sign was in
validated by placing smaller letters on
another part OF the board, or even within
the o. II there were other letters upon the
board as large, or nearly as large as
the o, aud so placed that taken together
with it they would form a word or sylla-
BILE, the sign would not give fair notice un-
der the law that IL was intended to mark off
an oyster bed. But if the letter o stands
out prominently, Of the size and description