Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1897-08-05
PORGY FISHERMEN.
FOUND GUILTY OF TAKING FISH
ILLEGALLY.
SHERIFF HooPER's INTERESTING Ex-
PERIENCE IN THE FISHERMEN'S
CONTRIBUTORS TRIALS COMING.


and three porgy steamers, it is said, dis
regarding the law, have been netting
them well up in the bay. Deputy Sheriff
Osgood of Bluehill boarded the steamer
"Seaconnet", Capt. Philip II. Gray, and
charged the captain with violating the
law 1t is said that the captain admitted
he had been taking fish illegally, and
would pay the fine OF 300 il the deputy
sheriff would accompany him to Round
Pond, the haiing port OF the "Seacon
metz. The other two fishing steamers in
the bay were the George Church., Capt.
Dan Mason, and the Curtis, Capt. II. f.
Mason. Deputy Sheriff Osgood con-
sented, but when he arrived at Round
Pond, he says he found himself in the
land of the enemy, and the captain re-
fused to settle.
This was the sit uation when Sheriff
Hooper left here Friday, July %, going to
Bluehill, where he was joined by Judge
Il. +. Chase, and thence to BROOKLYN,
where they boarded the Brooklin Packing
Co.'S tug, "H. L. IIamlin,' and went to
Rockland. From Rockland they went by
Muscongus sound, Lincoln county.
They arrived at Round Pond Saturday
morning, accompanied by deputy sheriff
of Lincoln county. They found the three
| steamers and seized one OF them with the
fish on board. Sheriff Hooper's visit was
not unexpected, but he was not expected
to arrive so soon, and haste was being
fl, h., a
steam away to sea.
After Selling the steamer, Sheriff
Hooper tried to get an attachment served
| ON her. He says he was unable to get the
officers OF Lincoln county to help him, as
they, on some technical ground, refused
to act.
The captains Of the three steamers, who
had remained in hiding, sent word to
Sheriff Hooper at his hotel that if he
would give them his word he would not
arrest them, they would like to talk with
him. When they learned that he was
without authority to arrest them there,
i they came to him and offered 300 in set
j tlement, II he would give n written agree
meut not to seize the steamers for fish
/ illegally taken up to this time. This
Sheriff Hooper refused to do, but Of
| fered to settle on the steamers seized for
900 EACH and expenses. The fishermen
would not consent to this
In the meantime the man no had been
left in charge of the seized steamer had
gone ashore for his dinner, and the
steamer had unconcernedly cast off from
the wharf and steamed away to sea with
out ischarging her fish. To add to the
! interest Of the situation, Sheriff Hooper
was notified that he was to be arrested,
but this did not cause him much alarm.
| He promised the officers OF Lincoln couu-
ty some very interesting developments il
any attempt to arrest him was made.
Sheriff Hooper's next step was to go to
Portland to seek legal advice, as a result
OF which he came home to get warrants
for the arrest OF the captains Of the three
steamers. The warrants were sent on to
Round Pond.
ONE CAPTAIN FOUND GUILTY.
On Monday Capt Gray, OF the Sea
connect, WAS brought to Ellsworth, and
turned over to Sheriff Hooper. The trial
took place before Judge Peters in the
municipal court Tuesday. Judge E. E.
Chase, OF Bluehill, the principal com
plainant in the case, appeared for the
people, and William Ii. Hilton, Of Dam
ariscotta, for the defendant.
The case involved the law which has
been he subject OF considerable wrang-
ling in several legislatures, and has
been amended and revised from year to
year according to agreements between
the sardine packers of east of the Penob-
scot and the fish oil manufacturers west
OF the Penobscot 1t is claimed that by
some manipulation the porgy fishermen
succeeded in having substituted in the law
the word "mainland' for "land', SO that
as the law read it prohibited seine fishing
in any bay east OF the Penobscot, the
entrance OF which was less than three
miles wide 'from mainland to mainlund'
instead OF "from land to land'. BY this
change, many bays and waters along
the island dotted coast OF Hancock
county were thrown open to the porgy
fishermen, and the intent of the law
circumyented.
The case was, therefore, one of vital in
terest to the porgy fishermen on the one
hand and the sardine fishermen on The
other. The porgy fishermen evidently
combined to defend the case so that il
assumed more Importance than cast
simply against the captain OF the steamer
A number of men from Round Pond ac'
companied Capt. Gray, the defendant, tc
Ellsworth.
At the opening of the case, Lawyer
Hilton asked for dismissal on the grounc
that the section of the act under which
the action was brought stated that fine
should be collected by action for debt, moi
by criminal action. Counsel for State
submitted another section of the same ac