The morning call., 1894-12-10
NOT A TRESPASS.
The Arrested Sportsmen
Acquitted
Victory for the Oppressed in the
First Move of the Battle Over
the SuiSun Marshes.

The latest contest between the Cordelia
and the Mallard and Volunteer clubs has
resulted in victory for the free think ers.
The Cordelia Club authorities have not
been able To make their wholesale charges
OF tresp SIS stick-not yet, at any rate.
r. Lloyd Eaton of the Mallard, and A.
Smith. G. McCool and E. Roberts of the
Volunteer Club returned to San Francisco
last evening in a supreme state OF Julia
ton. 1t will be remembered that the Cor
della Club had peremptOrly ordered these
sp6rtsmen from shooting over the SuiSun
marshes. The Coidelia Club cl inns the
sole right to kill duck in that enchanting
spot, and Its members recognize MT such
meek aud lowly ins itutions as The Mallard
and Teal clubs. Consequently, when the
members of these latter societies set tire
authorility OF the Cordelia Club al def
ance and procee ded 10 bring down the
dainty bird wherever they pleased there
was much bitterness of soul among the
Cordeia sportsmen.
They started in 10 make matters lively
They seized all the boats belonging to the
Mallardites, held the rod over the Volun-
teers. and gave out that any one found
shooting over the Suisun marshes would
be arrested as a common poacher and
tried for trespass. But in spite of all this
the authority Of the Cordelia was once
more set aside and the shooting went on
as before. Local papers took up the fight
and Its developments were watched with
considerable interest.
o the 18Th of last month, as Lloyd
Eaton and a party of fellow-sportsmen
were enjoying the bracIng air of the
marshes and lying in wait for the ducks
that did not come, they were all formally
arrested and taken off to jail. where they
were charged with the threatened trespass.
The charge read. "willfully and knowingly
broke the law by killing duck on pre-
served territory" Roberts and some other
members of the Volunteer Club were
granted a preliminary hearing before
Judge Moore at Fairfield. but in The end
the cases went over until Saturday last
when they were all tried in Suisun before
Judge Moore and jury.
The accused engaged no counsel to de-
fend them, but prosecuted their own de-
tense with vigor. None of the members of
the prosecuting club took a hand in the
case, and the sole testimony against the
accused was given by some of the keepers.
The trial lasted some time, and in the end
the jury returned a unanimous verdict OF
acquttal.
SO far. so good; but the Cordelia Club
had anticipated the verdict. For, as Lloyd
Eaton and his friends retired from the
courtroom to celebrate their victory. they
were each and all served with res raining
order, which enjoinei them from shooting
over the marshes until it snail be deter
mined whether or not the preserves be-
longed to the Cordelia Club, in which case
the Injunction Will become perpetual. The
temporary restraining order was signed
by Judge Buckle af SuisoD. and the de-
PENDANTS have ten days to make answer to
the com plant.
They had no choice but to obey
the order of the court, and so yester-
day the marshes were left undisturbed by
the eDjolned members of the Mallard and
Volunteer clubs. But it will be a bitter
fight. as the Cordeia Club Will strain every
sinew TO hold its preserves, while on the
other hand the irate spOrtsmen thus
baked of their sport are going to engage
an array Of legal talent and fight for what
they hold to be their righ's. The trial of
the action will probably come off in a few
weeks in the courts at Suisun.
Mean while the welcome rain has been
descending upon the marshes. and with il
has come the festive bird. The shooting
is not yet all that it might be, but if the
present weather holds, the sport ought to
be great in week from now. The Cor
della clubmen were out all yesterday, and
one spOrtsman's bag held thirty-pight fair
sized birds. Other smaller bags were
made, and when the return train TO The
city was boarded there was very hand
some quantity of game stacked up in the
baggage-car and elsewhere.