The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1899-10-26
MONROE COUNTY
TROUT CASE
TRIAL BEFORE BIG AUDIENCE
OF SPORTING MEN.
Judge Willard, S. B. Stillwell and
Others Testify as to the Manner in
Which Fish May Be Legally Taken.
Imposing Array of Counsel.

Special to the scranton Tribune.
Stroudsburg, oct. 25.-There was an
attentive audience of well-known and
wealthy sporting men from Eastern
Pennsylvania and Philadelphia to hear
the famous fish cases. on a little word
of five letters-catCh-hinge the result
of one of the most interesting fish
cases ever brought in a Pennsylvania
court, and on Judge Allen Craig's in
depreciation of the word rests the
future catching of trout in this state
and in a number of other states in the
Union where the fish laws are prac-
tically the same. The attorneys for the
defendants, J. Price Wetherell, the mill
lionaire paint manufacturer of Phila-
delphia, and W. Il. Elliott, a prominent
member of the Quaker City legal fra
ternity, are ex-Congressman John r.
Storm and A. Mitchell Palmer, esq.
Messrs. Charles b. Staples, esq, and
w. A. Erdman, esq, are attorneys for
the prosecution.
The BRIEF facts of the case are as
follows: Constable John NJ. Decker, of
this town, arrested Mr.. Wetherell and
Mr.. Elliott on warrants sworn out be-
fore Justice Robert German by Silas
Young fish and game warden of Wind
Gap, Northampton county. Young
charges the defendants with the use OF
a net, IAN appliance other than rod
hook and line" in catching trout in
McMichaePs creek on May IL and May
10 last.
At the hearing before Justice Gruver
these facts were brought OUT Messrs.
Wetherell and Elliott, who had been
fishing on their preserve near Nc
Michaels, caught a trout and landed
the same with a landing net. The at
torneys for the prosecution claimed at
the hearing that this was a violation
of the law. Justice Gruver, after hear
ing all the evidence, fined the two fish
ermen 500 each. The case was then
appealed to the higher court.
Among the interested spectators in
the court house today were Judge viii
lard, Of Scranton, and Hon. S. B. Still
well. of the same city. Others present
were Mr.. w. f. Meehan. of the state
fish commission: James w. Correll, of
Easton; Joseph b. Townsend, jr., Of
Philadelphia; Charles Wetherell, ESQ.,
| of Philadelphia. Ex-Collector c. B
Staples opened the case for the prose-
| cution, stating that as evidence in
| both cases was practically the same,
the suits should be tried together. This
was agreed to by the court. Mr..
| Staples then stated the cases, which
We're brought by the Act of Assembly
| of May %, 1899. Court Stenographer
| Norman b. Decker was the first wit
ness called. He testified that he had
taker the evidence of Mr.. Wetherell
who swore "he used a net, but only in
| getting the trout into my basket" The
! prosecution established the fact with
| out much difficulty that the defend
! ants used a net in landing a trout
| This fact was not disputed by the de-
| PENDANTS. EX-State Senator Joseph II
Shull was called. He said that he had
been trout fisherman for thirty years
He used a fly principally and always
used a landing net. On cross examina'
ton by Judge Storm. the witness said
that a trout was not caught until ir
| possession of the angler, either in his
hands or in creel. The witness gave
| his own definition of a landing net
saying the purpose of the same be be
| lieved to be to get the fish into the
| anglers possession. Van c. Peters ties
titled that he used a fly principally ant
a net for landing trout. Asked wher
a trout was caught, the witness said
when it was in creel." w. V. kaut2
John S. Schoonover and William Var
| Gorden gave evidence in simila
strain. Van GOrden testified that HI
never used a landing net but once IL
his life. Judge f. N. Willard was called
as first witness for the defense. Th'
judge said that landing net was nee
essary, that he did not think that tn,
act prohibited it's use. S. b. Stillwell
president of the state board of com
mission, said that in fishing with rod
hook and line the landing net was useC
by fishermen.
Others who testified in a simila
strain We're Lawyer Joseph b. Towns
end, eX-Presdent James Correll, o
Easton; Mr.. w. f. Meehan. w. d
Price Charles Wetherell, esq, j. Pric
Wetherel and A. T. Elliott, esq.
After all the evidence was in, Judg,
Craig decided to hear argument OF
Nov. ., when he will likely give his de
ciSion i'm the case.