Saint Mary's beacon. [volume] (Leonard Town, Md.) 1867-1983, 1896-06-11

The Case In court-Hisssry Of the
Creek, DC.

The Case In court-Histsry Of the
Creek, DC.
His Honor, Judge Crane, has been en-
gagged several days sitting In Equity, In
hearing a petition OF William p. Powell
and others VS. William j. Wilson and 9TH.
ers. The petition prayed that the Court
pass On order vacating certain oyster land
which had been located by the defendants
in 81. Jerome's Creek. In this county. The
plaintiffs are owners Of land bordering on
said creek. St Jerome's Greek has lately
become less than 100 yards wide at is
mouth and the petitioners sllege that under
the Act Of 1885, $50 soon" rs this becomes
so the owners of land bordering thereon
shall have the exclusive use Of said creek
Tor bedding and depositiDg oysters TO the
middle Of the stream, or In other words, IL
becomes private property. Testimony was
taken In open ccurt, and his Homer, In de-
Gliding the case. found no difficulty IN de-
ter mining that the mouth Of the creek was
under 100 yards wide and that he had ju.
rIsdiction In equity 10 determine the case.
bat that the questions Of the rights Of he
parties who had located lands for bedding
oysters In said creek before the mouth be-
came less than 100 yards wide, had 10 be
considered. In his opinion the same law
that gave them the right 10 locate also gave
the landowners bordering on said creek
the right OF exclusive appropriation when
the mouth became less than 100 yards
wide and must be so construed as 10 crafty
both provisions Of the law. He further
stated that the owners of land on SAID
creek are. in the future. entitled TO the ex.
elusive use Of the creek for the purposes
prescribed In the law, except in cases
where the land has heretofore been appro-
priated by parties when the mouth Of the
creek was over 100 yards wide. His Honor
30 decided and said chat he would sign an
order to this effect
Under this decision the owners Of land
bordering on the creek will ultimately get
exclusive control as these locations by
other parties are no more than personal
ptiNleHtS anu Ule Win tneu.
II was contended on the part of the
plaintiffs that the law clearly gave the
owners of land on said creek the exclusive
right 10 said creek $50 son" as the mouth
Of said creek became less than 100 yards
wide, xnd that to vacste the location pray.
cd for in the petition, was no interference
with vested rights as the parties who 10.
Gated did 50 with q knowledge Of the law
and at their own risk that, In fact, the
right never vested in them, but was de.
feasible upon the happening of a contin-
gency, which did happen.
The defendants counsel contended that
the right was vested under the law and
that nothing occurring after the location
Of the land could effect the status of the
parties locating. IL was contended also by
them that the mouth Of the creek had been
made less than 100 yards wide OF It's mouth
by other than natural causes Robert c.
Combs and b. Harris Camalier appeared
for plaintiffs and Daniel G. Hammett and
Joseph ii. Ching for defendants. 1t Is said
that the case will be carried To the Court
Of Appeals.
THE CREEKS History.
st Jerome's Creek Is n historic spot It's
name was given II by the first settlers. II
enters the Chesapeake, some five or six
miles north Of the Potomac. The line Of
the bay beach is here and there relieved
by small elevations which in any other
region would scarce deserve the name, but
which are sufficiently prominent in this
locality TO attract remark. From the gen
eral level of the country they rise high
enough TO afford clear prospect over the
wide waters, and no less to distinguish the
landward perspective to the mariner whose
eyes eagerly seek the variety of landscape
as ne holds his course up the bay. At
few points these small hills terminate i'm.
mediately upon the tide In the abrupt form
OF a cliff, and at others, take the. shape Of
knoll sinking away by rapid grass-coy.
cred declivity 10 the strand. This latter
feature is observable in the vicinity Of 81.
Jesome's where the slope falls abruptly TO
the level Of the tide. Thus Kennedy de.
scribes IL in his novel "Rob of the Bowl"
At the mouth Of St Jerome's.in the olden
time stood the dwelling of Paul Kelpy, the
fisherman. and about quarter of mile
farther up the beach, sheltered under the
brow Of the slope, was the hut Of Trencher
Rob-Rob Of the Bowl-Robert Swale.
A horrible tragedy enacted in the Kelpy
house. gave IL an uncanny reputation and
aroused such a sentiment Of terror as 10
cause people TO shun the neighborhood. A
coat of black paint, applied none knew
when or BY whom, added TO the supersti-
tious horror Of the place and won for II the
name Of the Wizards or the sBlack Chap
ell The dread Of tho spot was heightened
by beiated wayfarefs seeing In the Chapel
strange lights CLEAN and hearing therein
unearthly sounds. AT this spot Richard
Cocklescrafs, the pirate master Of the Brig
Olive Branch, landed ms spoils aud stored
them in the Black Chapel under the care
OF Rob ofthe Bowl. In those days as now
with certain winds the surf ran high on
the bay shore at ST. Jerome's but the pirate
brig could land her goods there and, II
need be. run into the creek. The dash of
the waves for 260 years have however
wrought great changes there and no
record Is left that tells how wide was the
creeks mouth then. IL ~ less than 100