Bridgeton pioneer., 1896-05-14

OF oysters and shells were planted.
time as many as twenty-one boats being
there. Before this raid oysters were
plentiful and good.
when was the first time in your life
you ever caught oysters on this grounds"
asked Judge Pancoast.
L object" rang out the Colonel
"Overuled," said the Court.
IAN exception" concluded Pancoast.
orange Moore from a distance saw
Polhamus dredging upon the Bateman
grounds. The grounds were properly
staked up in the spring of 1894.
when was the first time you knew
these grounds to be staked up?" asked
Judge Pancoast.
The question was overruled after OBJ
lection had been made by Col Potter.
While watching the Bateman's grounds
in 1884, Richard Cosier saw Polhamus
dredging and carry away from the
grounds three deck loads of oysters.
Capt. John L. Shaw gave the opinion
that deck load of oysters from the
natural beds was worth $l00.
Thursday Afternoon.
Itwas tremendous legal pressure from
both sides, and for while the average
layman was over his head. Legal points
and knotty questions of law were thicker
than bees in tar barrel, and how the
Court and lawyers ever got through with
it all, was something of a mystery.
Testimony for Plaintiff.
Expert testimony was introduced at
this time by the plaintiffs calling Capt.
Ephraim milford, of this city to the
stand. Thirty years experience made
him qualified to give such testimony.
He said that young oysters matured upon
good beds in about three years, while
spawn upon old shells would be market
able in four years. Bay oysters before
planting were in his opinion worth about
30 cents per bushel. Upon the beds at
maturity they were worth about fifty
cents per bushel. Capt. milford said
that deck load upon Polhamus' boat
would be about five hundred bushels of
oysters.
most similar to Capt. Milford.
Richard D. Sheppard and Harry Candy
gave expert testimony similar to that OF
the preceding witnesses, and Col. Potter
said 1--WE rest"
Mr. Bacon and Judge Pancoast i'm
and before the defense could say any
thing. the Colonel said ''We will not resi-
just yss..
The Colonel continued his case by the
expert testimony of Lewis Dunham
Lucius Bradford told of an attempt thai
was made to capture Polhamus while
working upon the Bateman grounds. but
Polhamus set sail and escaped.
Luther Bateman was called again to the
stand and said that the map produced by
Mr.. Acton, was made just after the spring
of 1894.
Peter G. Cosier testified to being present
with Mr.. Acton when the map was made
He had the State deed with him wher
Mr.. Acton was running out the lines.
The plaintiffs then finally rested the
case.
Before he began addressing the Court
Lawyer Bacon put in conspicuous places
three handsome maps of the shore from
along Fortescue. They were elaborate
drawings, and attracted considerable at
tention.
Then addressing the Jury, Mr.. Bacor
said that there were two defenses in this
action. The first he explained under two
heads. First, that the Riparian grant was
in-operative from the fact that the State
had no power to make grant to the ex
tent it did and for the purposes it did.
Secondly, the grantee had no right tt
take grant under the law or the Com
missioners to make it. Because, he eX
planned, that under the provisions of the
deed the grant was void. The deed pro
vides that the property granted
by the Riparian deed must adjoir
property owned by the applicant. The
defense proposed to show that Luther
Bateman did not own property adjoining
the lands granted, but that the shore
property was owned by Luther Bate.
man Jr.
The second point of defense was thai
the grant included natural oyster beds
Mr.. Bacon then, with much elaboration
presented the maps of the property il
question. He rehearsed the Riparian
grants made by the State for this locality
The first grant was made to Benz. F. Lee
Clerk of the Supreme Court, in October
4, 1879. There were no other grants made
then Tor seven years. In May, 1888
Luther Bateman made application for the
grant, and the grant was not made until
January, 1856, three years later.
Mr.. Bacon then reviewed the law re.
garding the oyster industry. The one
that seemed most convincing was the ac
passed March II, 1882, which provided
should any person plant oysters upor
any natural oyster beds in the Maurice
River Cove, the Delaware Bay or the
arms running thereto, were trespassers
and said planted oysters became the