The times. [volume] (Richmond, Va.) 1890-1903, 1894-03-01

and State = Alloluty W eAlNAH, VI 7Vli~''-
countv. Delegates William 4. Tuil ana
others. of Somerset county. They brought
with them fourteen atiidavits Of Mary
landers and two OF Nirginians 10 prove
that the capture was made in Maryland
waters.
Mr.. Hodson's Statement.
Mr.. Hodson said: 1.-THE conflict betweea
the steamer and the dredge boats TOOK
place wholly in Maryland waters IN clear
sight of Crisheld. and there were al
least one hundred persons VINO witnessed
IL from the roofs Of houses and other
elevated positions. / have anidaWts from
fourteen citizens Of Crisheld who witness
ed the whole fight and heard the report
Of the guns, both Of the cannon on the
steamer and Of the rifles They testify
that the whole thing occurred in Mary
land waters L have two afiidavits TO the
same effect from citizens Of Acc0mac
county, Va. The whole Thing occurred
north Of the line as laid down by the
Black and jenkins award. The fight be-
gan one mile north Of this line, and con-
tinued for four miles north of the place
Of beginning The two boats were taken
possession of when ashore, one at Terra
pin Sands and the other at Drum Point
on the Somerset shore. Terrapin SANDS
and Drum Point are bars extending
out from Smiths Island into the sound
just below Hedges straits.
We an r-h.
"These boats are said 10 have been tres
passing on Womans Marsh, which as AN
oyster rock on the east side OF Smith
Island, where the Maryland people have
always been permitted to dredge until the
location Of the line, in 1874 under the
Black and Jenkins award. They did II
under a claim Of right. Now. however.
the line has been run across Smiths
Island by that award, throwing 1,5J acres
Of the island into Virginia The line
comes out on the eastward side at Marsh,
Evans q Co.'S store. called Horse Ham
mock. This store was formerly consid-
cred 10 be in Maryland. bat in running
the line it was asCertained 10 be in Nir-
ginia. and the owner at that time, john
son Evans. changed his State and ciu-
zenship without changing his residence.
I'm "a straight line due east the boun-
dairy then extends 10 the middle Of Tan
gier Sound; thence south until it strikes
the true line. as ascertained by Black
and jenkins, from Smiths Point TO Wat
kins' Point at Cedar straits
Mr.. HodsOn went into some further
boundary details. and then said "'rhe
'Woman's Marsh oyster rock and all the
land on Smiths Island by the finding
Of Black and jenkins. never did belong
to Virginia. Under the terms Of the com
pact we gave il to Virginia and it is now
recognized as in Virginia. They claim we
are stealing oysters from them. We claim
they stole the land from u.s.
Mar. v-al IN 80 ark.
Governor Brown: Let us get back TO
the narrative of the attack. ] do not wish
TO get mixed up with other questions.
You say the dredgers were on Womans
Marsh rock. What was the nature Of the
attack generally. 50 far as you know it?
Mr.. Hodson: The dredgers we're in Nir-
gina territory There were eight or ten
boats at work on the Virginia side. The
steamer Chesapeake sailed out among
them and commenced attacking them.
The dredgers ran over into Maryland.
They were pursued.
Governor Brown: Did the Chesapeake
demand a surrender before the attack?
Captain Lowe: No, sir; he fred cannon
first. The dredge boats then cut loose
TO get away, some Of the fleeing vessels
returning fire.
Governor Brown: At the time the Chesa-
peake reached them were they in Nir-
ginia waters?
Captains Lowe and Marsh replied that
they were not.
Governor Brown: When the steamer ap-
preached you were you in Maryland?
Answer Yes, sir we were in Maryland.
Mr.. % st, = ,h~
Attorney General Poe came into the
room at this time and, hearing the CON
versation, asked: Were the Maryland
boats dredging and were they armed with
rifles? If so, our Maryland vessels were
armed contrary 10 the law Of Maryland.
Mr. Poe then went on TO state the case as
follows:
1.-The Marylanders were taking oysters
beyond the line: they were assaulted, iied
and reached Maryland waters. when they
were arrested. IL they had been seized
while operating In Virginia waters II wou4a
have been very plain for Virginia. They
sought safety. however in Maryland by
fight and obtained safety. The Virginia
steamer crossed the line and arrested
Maryland vessels in Maryland waters.
Now that is the case, IS IL notY
Mr. Hodson: All the firing took place
IN Maryland, ana the captures were III
Maryland.
Mr.. Poe: Can Virginia lawfully seize
our vessels in our watersY The case r.
the same as that which arose between our
Government and Great Britain in the Ma
son and Sidell case
Mr. Poe said the Marsh case, involving
the right 20 fish IN Pocom0ke sound, will
be tried ne t Monday in the Supreme
Court OF the United States. The decision,
as il now stands In the circuit court, Is
against Maryland. There has been some
talk OF postponing the case in the SUI
preme Court, but he was in hope that II
would be promptly disposed OF next week.
Governor Brown asked Mr.. Hodson 70
4 "a
what the delegation wanted done.
WA ID Wa ted.
Mr.. Hodson. in reply said he wanted the
Governor to fully maintain the dignity
and honor Of the State. He went on 10
cite the case of the Hog Island grant by
Virginia to Mr. Lewis in 1870, and the
course Governor Jackson took. which he
seemed to consider a good example 10
follow now He said: Virginia was then
clearly wrong. She has since acknowl-
edged It. She ought TO have known II
then. Governor Jackson ordered the
MARYLAND oyster navy to protect these
waters and to give the people OF both
States the right 10 oyster there. But
Governor Jackson afterward said he was
premature and begged the pardon OF VIZ
giria, stating he was wrong
Mr.. Hodson further said: I'VE can no"
saw 10 Virginia, We have given you great
and valuable privileges In the Pocomoke.
We only ask in return mutual rights,
which we enjoyed for long time. and
which the Virginia Court OF Appeals and
the Virginia Legislature from 1918 TO 1860
said we were entitled TO. Yet now, when
the taking of oysters becomes profitable,
Won deny the privilege We should say to
II you want anything OF us,
rome and ask H., but we have something
TO ask in return. We ought TO enjoy