Evening star. [volume] (Washington, D.C.) 1854-1972, 1900-01-16
VIOLATION OF FISH LAW
Capt Luckett Tried on the Charge in
Police Court Today.
Claims He Has Right to Seine and
Produces CoastinE License,
Which Is Ruled Out.

Capt. John Luckett of the sloop Bass
was placed on trial in the Police Court this
afternoon charged with an alleged violation
of the fish law John Crawford and Chas
Chapman, the latter colored, who were with
him at the time of the arrest, We're also
placed on trial. The defendants were repre-
scented by Attorney Campbell Darlington,
and Prosecuting Attorney Mullowny repre-
scented the governments interests.
The charge upon which the defendants
were arraigned was operating a seine in
the waters of the Eastern branch Deem
Der II of last year Policeman Branson
described the proceedings on the river the
night charged. He said that he walked out
in the water and when he notified the men
that they Were under arrest they dropped
the seine. Witness told them they might
as well keep on and about three barrels
of fish were taken from the water. The
fish were turned over to the inmates of
st. Elizabeth's.
DO understand that the fish were taken
from the river and turned over to St. E!iz-
abeth's by direction of the superintendent
of police?" Mr. Darlington inquired
The question of catching fish does not
enter e into this case remarked Judge kim
ball. 1.-The law says fishing I've been
fish,
You didn't have the right kind of bait, -
remarked Mr.. Darlington.
Witness said the stream in which the de-
PENDANTS were fishing is known as the
Eastern branch or Anacostia river The
defendant Luckett is said to have re-
marked, I've got to make a living"
Policemen Mccormick and Reagan gave
similar testimony.
Defendants Testimony.
Defendant Luckett testified that he had
been engaged in fishing ever since he was
old enough to follow the water. For many
years he was employed by the fish COM
mission. Witness said he had been pilot
on the river, and knew every inch of the
channel On the night charged, he said,
his seine was in the navigable waters of
the Anacostia river.
Defendant produced a coasting license
and claimed he was entitled to the privi-
'lege of fishing under it.
Judge Kimball overruled the motion of
counsel to admit the license. The law
under which the prosecution was brought
the court said is absolute in its prohibit
lions. Whatever the license may say, the
judge told counsel. it could not, under any
terms, repeal the act of Congress.
The defendant said he honestly believed
he had a right to fish under the terms of
his license. He said he supports his fam
lily by fishing.
Verdict of Guilty.
The case was submitted without argu-
ment and the jury returned verdict of
guilty
Capt. Luckett, in pleading for mercy, said
he was driven to catch fish on account of
the condition of his family. The last hod
of coal had been put on the fire and the
last loaf of bread had been eaten, he said
and he could do nothing else but go fishing
At this time, he said. he has nothing to do
Judge kimball commented on the law
and the necessity for its enactment. The
law. the judge said. is for the protection of
the fish. The court referred to the previous
CHI
a fine of 800 or four months in jail. The
other defendants were fined $40 each