Evening star., 1899-02-08
Case of Johni1 2. Luckest Heard in
Police Court.
ALLEGED VIOLATION OP Fish LAWS
Defendant CiaimsHis U. S. License
Protects Him.
WIDEN ICE SUBMITTED

or Columbia, was call ed for trial in the
Police Court today.
Inc deputy game warden who figured in
the case made an effort to include in the
prosecution the reporter of The Star who,
while making an investigation, was present
when the arrest was made, but in this he
failed. Prosecuting Attorney Mullowny ad-
mitting that the reporters presence was
due to his discharge of duty in making an
investigation
Mr. Mullowny made a brief opening of the
case, stating that he expected to show that
the defendant violated the law
Mr. Campbell Carrington, in his opening
for the defendant, said that the uuesfion al
issue was one oil considerable Importance.
He expected to show that the defendant
operating under United States license
had authority to fish upon the high seas
and navigable rivers Under this license he
said, his client did not claim the right to
fish from the land, and this he did moi do
Mr.. Darlington spoke of the number of
people in the fish industry, and said he con-
sdered 1t more important for a man to
fish and support his family and add TO the
ealth of the country than for a few gem
tlemen of leisure TO fish with rod and line
The attorney said he had nothing to con-
ceai in the case His client had courted the
fullest investigation he continued, by in
vitlng a Star reporter to accompany him
on his trip.
He wanted the facts printed in The
paper and has the widest circulation
The Reporters Story.
DR.. J. E. Jones, a Star reporter. was the
first witness examined. He testified that
about three weeks ago he noticed some live
bass on the benches in the market, and be-
ing menoer of the Fish and Gam9 Pro-
tective Association. he started out to make
an investigation. When he met the de-
fendant in the market one morning the lat
ter told him he was catching the bass
down the river and in the Eastern branch
or Anacosua river. Witness asked him If
he did not know he was violating the law
by hshlng IN the District. Defendant told
MIN ne thought he had a right to catch the
hsh in the District Witness accepted his
invitation to go with him. He explained
now the net was put in the water from the
pcat and haulett in with one man in the
party going on the Shore. He said an ordi-
nary seine with leai line and cork was
used.
There was pocket in the net which
Iacliltated the iworkEof landing the fish.
witness said one large carp, some big
mouthed bass, a quantity of sunfsh and a
few catfish were. caught.
witness sad lon cross-eXaminatioD that
When he saw the live bass in market he
reported the facts to the city editor of The
star, and was then assigned to make an
mNeStgatlon ana write the story. Capt
Etn Eucket1; Ia, ne sald, ted him. Of United
thorlty to fish, should he not go on the
shore Witness was questioned concern
ing ing the name Of the stream in which the
hshlhg was done He said he had known
II TO be designated ON some maps as the
Anacos1ia riuerfand others as the Eastern
branch. The small bass caught were thrown
hack in the river. None less than eight
inches in length Were kept.
Warden's Testimony.
William p. Morgan, deputy game warden,
testified that the night in question he went
to Poplar Point. He saw two men in the
water pulling at lines Witness remarked,
THE auling seems little heavy tonight"
and the white man who had hold of one
end Of the rope dropped his end and ran
The defendant came over to him, he said.
told him his name, and said he had a
license TO fish. Defendant admitted thai
ne owned the boat and net. Witness saw
the Ish taken from the net The men
We're in water about waist deep when the
hsh were taken from the net.
Other Testimony.
Policeman Russell Dean, pilot of the
police boat, testified that the. place where
the fishing was done ne had known as the
Eastern branch and also as the Anacostia
river. On the charts used by pilots, he
said, it is designated as the Anacostia
river
Charles Ware, colored, testified that he
worked for the defendant. The net used
he said, was rugged for in landing fish
in the water instead of on the shore. Wit
ness said he had worked for Captain Luck
EFT for about three months He had fshed
in the daytime at Four Mile Run. Defend
ant told him, said witness, that he had a
license to fish. Captain Luckett, he said,
Hshed at night because he could catch twice
as many as he could in the daytime Last
month. he said. he fished at Four Mile Run
in the night time
Harbormaster Sutton and Sergt. Schnei-
der were examined as to the name of the
sIream IN which the fishing was done.
Ihey said that on some maps it is desig
mated as the Anacostia river, while others
nave 1t as the Eastern branch. Harbor-
master Sutton said that Capt Luckett is
man of family and his reputation is good
rms closed the testimony for the prose-
cutlon and the defendant related his side
of the case.
Fisherman for Forty Years.
He said he had been fisherman for forty
years and had been employed by the fish
commission in the work of stocking the
river. He said he assisted in the survey of
the river and he knew its original name
was the Anacostia river. This name he
said has not been changed by an act of
congress. Defendant said he had license
to hsh in any navigable river from high
water mark to high water mark. The net
ne USED Is what is known as deep net
me socalled license was produced and
Mr.. Mullowny objected to its admission as
testimony. This paper the prosecutor said,
Is merely a license allowing him to coast
as the master of tho sloop Bass. Even if
the paper We're a license to fish, Mr.. Null
lowny said, it would not affect this case
Congress, he said, has passed law to pro-
tect the fish in the waters of the District
and nobody will, dispute the right of Con-
gress to enact such a law.
Mr.. Darlington argued his side of the
case and then questioned his client. The
latter said he is United States officer and
MS boat Is properly registered.
Mr.. Mullowny. called attention to the law
under which the license was issued The
law, he said, prdyidesi for coasting and fish
ing trade. and the license says only coasting
trade. n -
Capt. Luckettr n toldf the court and jury
that coasting trade gives him the fishing
privilege within the aYe-mile limit at or
on navigable rivers.
License Not Admitted.
The court. after: hearing argument. sus-
tanned the objection to the license, and it
not admitted
Counsel noted an exception to the courts
ruling.
The bass caught, the defendant said, are
known as the wide-mouthed bass here. In