Bridgeton pioneer. (Bridgeton, N.J.) 1884-1919, 1902-02-06

EX-Judge Westcott, OF Camden, coun-
sci for the defense, is in court with
his stenographer and the case will get
under way this afternoon in all proba-
bility.
[From Daily Pioneer, Friday JAN 3O.l
A little turtle, nothing more nor
less. A diamond back, salt water
terrapin, whose habitation hereabouts
is in the creeks and inlets along the
shores of Delaware Bay. Doubtless
you have seen them; perhaps you have
tasted them, for they do say they are
real good when properly served
Only one of these little hard back
creatures, but see what commotion he
has stirred up. A few years ago the
Legislature threw the protecting cloak
of the law over them and forbid by
statute the taking or having in pos
session any terrapin for a period of
three years. After this came the open
and closed season, and now comes a
| trial in the Criminal Courts for the
alleged violation of that law with the
| indications of still bigger suit in
the Courts, that of damages to the
amount of $4,000; and all over a ter
rapin, or at least number of them
Perhaps the terrapin case which
was commenced in the Criminal
Courts of this county yesterday, in
which Mr.. Carl Newcomb appears as
the defendant, is the most important
of all the long list of cases tried this
term. Sure it is, it has created the
most interest as the crowded condi-
tion of the Court room would indicate.
1t was 10 30 o'clock yesterday when
Prosecutor Fithian moved the case.
He was assisted in the prosecution by
VIM. A. Logue, who is counsel for
the Fish and Game Commission, of
he State. Ex-Judge Westcott, of
Camden, was counsel for the defen-
dant.
In selecting the jury both sides
after nearly exhausting the challenges
finally announced that they were con-
tent, and the Court took recess until
Las.
Immediately after the recess Prose
cutor Fithian opened the case to the
jury. He said that the indictment il
the case charged the defendant will
having in his possession between
April 1st and November 1st, 1901,
namely, on September 10Th, five hun.
dred turtles, commonly called terra
pins. He said that the Indictment
/ was brought under the act of Marcel
25th, 1898, for the preservation of ter
rapin, the terms of which eorbid any
person from taking or having in pos
session any terrapin taken from the
waters of this State between April Isl
and November 1st, the closed season.
He further stated that Game Warder
| Conner visited terrapin pen kept
and maintained by the defendant, or
June 10th, 1901, and found three dozer
terrapins in his possession. On July
18th he made a second visit and found
between three and four hundred ter.
rapins. On September lth he made
another visit to Newcomb's place and
found the turtles still there. Mr.. We t
colt, counsel for defence at once
moved to overrule the offer of ths
State, claiming that the act was fol
taking terrapins and that the offer to
prove nothing but possession and that
no laws of the State forbid simple
possession. The Court denied the mo.
tion and the case proceeded.
| Frederick Conner was the first wit.
ness for the State. Is game warden
of this county. In pursuance of duties
as such warden he visited the farm of
Carl W. Newcomb, below CeCaryilIe.
on June 10th, 1901, and found a terra
1 pin pen there about 25x35 feet in di-
mensions. Witness described the pen
as being filled with reeds and elders.
among which he saw about two or
three dozen terrapins. They were
diamond backs. Witness next visited
the pen on July 18th in company with
Sheriff Hendee and found that the
terrapins had increased in numbers to
between three and four hundred. He
again visited the pen ON September
10th and on the 18th, there going with
on him the latter date Sheriff Hendee.
Game Warden Pfeiffer, Nathaniel At
kinson, Charles Borden and Winslov
Wahl. They found $50 terrapins on
this visit. Witness had conversation
with defendant on this visit when he
admitted that the terrapins belonged
to him
On cross-examination witness said
that he had not brought the complaint
against defendant but that it was
Robert McGuigan who had. He had
merely looked up the evidence in the
case. He also stated in answer to a