Bridgeton pioneer. (Bridgeton, N.J.) 1884-1919, 1899-10-19

part of Captain Lakes testimony. where
he said the maria and Francis, motor
indicated dredging for oysters.
There was bit of minor testimony
produced by the State, and then came the
introduction of the star witness. He was
Edward Clark, who had been indicted
with the other three, and who had
pleaded guilty.
Clark gave the story in detail. He
said that he, with the defendants. were
IN the upper part of the cove on the night
OF the 18th of July, and all four were
engaged in dredging for oysters, catching
some Is or 20 baskets of culls and 6
baskets of primes. He admitted that the
guard boat came upon the "Maria and
Francis" and the boat ran away, going
up in Oronoken Creek. A day or two
after, Heverin said he was going over to
Delaware, and wanted Clark to let him
know if there were any warrants issued
| for his arrest.
| There was genuine surprise resulting
! from the cross-examination of Clark by
Ju 1ge Westcott, which was very
thorough and earnest. The learned
lawyer assumed that Clark was a self
confessed criminal, having pleaded guilty
to the indictment before the court. Be-
fore the cross examination was conluded,
Judge Westcott was amazed to have the
witness testify that he had pleaded guilty
to the charge of dredging. but. had dis
tinctly stated to the Prosecutor thai he
did not know where he was dredging,
and does not know yet whether or not he
was guilty of an illegal act.
"And the Prosecutor accepted that plea
as one of guilty ?" inquired Judge West
colt.
Eyes, SIR"
"And nobody warned you what your
rights were ?" continued Judge Westcott.
mo, sir" replied the witness.
Thereupon Judge Westcott made
public apology to Clark for having char
acterized him as self confessed criminal.
being continued, the witness stated that
the night of the 18th of July was not
clear one, owing to a heavy gust coming
up. excluding the moon.
Judge Westcott made strong appeal
for instructions to the jury to acquit be-
fore defense was offered, because there
was absolutely nothing in the States case
but inference, but Judge Trenchard said
he thought the case should go to the jury.
No opening was made, and the de-
PENDANTS followed each other upon the
stand. They all told the same story. 1t
was this: The defendants started out on
the 18th of July, to go over to Delaware
shore to buy oysters from Delaware
tongers, AS the "Maria and Francis''
was working its way to Delaware, the
defendants noticed a squall coming up,
and as they could not make Delaware in
the face of the wind, they made few
hauls with their dredges along the
channel far North of the Southwest, line.
and where it was entirely legal to dredge.
The squall coming on, the boys turned
toward Oronoken creek for shelter, and
laid there all night.
When Smell went on the stand, he added
to the testimony of the others by saying
that yesterday morning Col. Thos. F.
Austin. State Oyster Superintendent,
visited him in Jail and told him that the
three defendants were sure to be con-
victed and he advised Smell to make a
clean breast of it. The Colonel further
told Smell that he had influence, and if he
would confess the story, he would try
and have suspension of sentence upon
him.
The defense rested its case and court
adjourned for the night.
Thursday Morning.
Before the State produced testimony in
rebuttal, in the illegal oyster dredging
case, Augustus J4evorone, of Vineland,
appeared, and pleaded not guilty to an
indictment against him, for the illegal
sale of liquor.
The oyster case was resumed, with Jail
Warden Watkins upon the stand. He
said that Smell asked him to have ''Col."
Austin visit the Jail, to see the defendant.
Austin visited the Jail, and Smell told him
that he would tell the truth. Austin told
Smell that he hated to see Smell punished,
as there was sympathy for him, and if
Smell wanted to make full statement he
would use his influence to have him
lightly punished.
Austin went upon the stand, and said
he went to the Jail in response to re-
quest of Smell, and expressed to the
prisoner his sympathy, and advised him
to tell the truth, and promised him if he
did so the Oyster Commission and he, as
Superintendent, would urge liency upon
the part of the court.
Samuel Stiles was called to testify that
Benson Heverin threw a dredge over
board in the cove, on the 23d of July.
Heverin had testified that he did not do
so. Upon cross-examination Stiles ad-
mitted, after much persuasion, that he
had been convicted of stealing watch
in the Cumberland Courts.
Captain Lake was recalled to say that
he took up dredge from the point
where stiles said one was thrown over.
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