The Mount Holly news. [volume] (Mount Holly, Burlington Co., N.J.) 1891-1942, 1897-06-15

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| Court.
Harry Mathis, of New Gretna, was
placed on trial yesterday, on complaint of
Commissioner Marshal A. Loveland, for
having unlawfully taken oysters out of
Long Ditch, near Mullica River, about
March Goth. The Indictment was novel
one, and was presented in six different
forms, any one of which the prosecutor
relied upon for conviction.
| Marshal Loveland, of New Gretna,
Oyster Commissioner of the state, who
was appointed in 1898, testified that on
June of last year John Cavileer and the
witness planted 10000 bushels of oyster
shells which were scattered over natural
oyster seed ground. In October, this year,
the oysters would be in shape to be turned
out to the public. After the oyster shells
had been planted, the ground was staked
out. During the latter part of March,
Henry Gale, who was employed as a
Waterman, reported to Loveland that
Mathis had been caught dragging in the
beds. The commissioner then had war
rant issued and Mathis was arrested some
days later.
Henry Gale, of New Gretna, was en-
ployed in March by the commissioner to
watch the oyster beds, and while SO en-
gagged saw Harry Mathis there on Friday,
the 26th, working his tongs several times.
L
They were going up and down just as oys-
ters are gathered. Mathis, the witness
continued, saw that he had been detected
in his unlawful work, and said, "Well,
suppose some one will get 1t in the neck,
but you would't put it on to fellow like
me- would your" Il have no friend in
this matter" the witness replied. He
then reported the matter to Mr.. Loveland
The defendant had about three bushels OF
oysters in his boat
Lemue CraDmer, of New Gretna, was
coming up the river on the day in ques-
! ton and saw the defendant standing in
his garvey, but did not see him longing.
Jacob Q. Hendrickson opened for the
defence. He stated that the prosecution
was mistaken in its case Mathis, counsel
said, went out to purchase oysters and
that he did buy eleven bushels.
Oscar Hickman, of New Gretna, a bay
man, sold Mathis six bushels Of oysters
on March 26. A brother of witness also
sold defendent five bushels at the same
time. Witness said the character of the
defendant for truth and honesty in the
community where be lived was good.
Calvin Hickman, of New Gretna, bay
man, said he sold defendant five bushels
of oysters, and that he was present when
his brother sold him six bushels Wit
ness has known defendant for sixteen
years, and his general character is good.
Howard Allen has lived at New Gretna
for six years. He went home with de-
fendant on the day in question, having
met him on Long Ditch. Assisted in re-
moving Mathis oysters. Measured them
and there were eleven bushels. Defen-
dants reputation for honesty was good.
Harvey Allen has lived at New Gretna
for the past % years. Saw Mathis on
Long Ditch few minutes He was grab
bling few times as though he had lost
something and was trying to get it. Wit
ness was cunning on the meadows. The
character of defendant was good.
| Harvard Mathis said the defendants rep.
utation for truth and veracity was good.
Similar testimony was given by num-
Der of witnesses.
Harry Mathis, the defendant, then took
the stand. He denied being engaged in
gathering oysters from state grounds on
March 20. Had eleven bush els on board,
which he had purchased While trying
to fasten his boat on Long Ditch, his row
lock came off. He took his tongs, threw
them out on the water, and caught tn e
floating oar lock. Witness described how
his oysters came to be measured 1t was
owing to dispute as to the size of two
baskets. Witness also denied the alleged
conversation with Harry Gale. He also
said hat the commissioner had a feeling
against him and that his interest in the
suit was tempered with malice.
Marshal Loveland was called in rebuff
tai and gave measurement of the depth OF
the water when defendant was seen with
his grippers in operation. Never M ade
any threats against defendant and held no
malice against him.
The jury rendered verdict of not gull
ty.
In the afternoon William Dew orth
and Daniel Simpkins, of Bordentown,
were placed on trial for stealing eighteen
chickens from George B. Slim, who is
agent for St. Vincent Seminary at Bona
parte Park, on the night of February ID.
Peter JOY, the first witness, testified to
seeing the prisoners with the stolen prop
erty in their possession, which he recov-
cred, and took to Kane's saloon, where
most all the chickens were found to have
been smothered. This witness was cor
roborated by William Emley, Samuel
Bunting and John Allen.
The defence was a general denial of
the charge, claiming that the states wit
nesses we're mistaken in their identifi-
cation of the defendant, whose wife, when
called to the stand, testified that her hus-
band was home all that night. The case
will be concluded tom orrow
Gard of Thanks.