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

Frank J. Lore was the next witness
called by the State. He testified to
going with Mr.. Conner on September
18th and to seeing 500 or more terra
pins in the pen of the defendant at
that time.
On cross examination he said that
he had been sued by Mr. Newcomb.
That he had been employ ed by the
Fish and Game Commission to secure
evidence in this case.
The State here rested it's case and
Mr.. Westcott moved for binding in
struct1ons to the jury to acquit The
defendant, on the ground that the
State had not brought out proof to
bring the indictment under the
statute. That the State had proven no
catching ror even unlawful possession
of terrapins by the defendant. "There
has been an invasion and unlawful
trespass Of this defendants property
and these parties shall be punished
for this invasion. -
Both Prosecutor Fithian and Mr.
Logue replied to the motion Terra
pins are not domestic animals" said
Mr.. Logue; "the law looks upon
them as wild game and therefore pre-
sumes they must be caught to be in
possession. - The Court denied the
motion
Dnring the discussion on this mo-
tion there was some pretty sharp spar
ring by counsel on both sides, which
, caused quite lot of merriment in the
court room. After this had happened
two or three times, Judge Trenchard
/ brought his gavel down and an
nounced that here must be no demon
: stration of approval or disapproval and
r if the spectators could not refrain the
{ Court would order the room cleared.
f There was good order the rest of the
afternoon
Mr.. Westcott arose for information
5 from the Court as to what crime he
S was expected to prove.
: "Refer to the indictment, an
l swered the Judge, and the defence
proceeded without any opening re-
: marks from counsel.
Q Carl W. Newcomb, the defendant,
a was put upon the stand. He testified
4 that he lived at Cedarville and worked
q on the farm of his father. That his
father had been engaged in the terra.
: pin business in connection with farm
: ing for many years prior to about
t three years ago when he himself took
4 entire control of it. Has been en-
: gagged in the terrapin business for Is
' years. Witness said that he had two
: terrapin pens in which were contained
Q $50 marketable and about 1000 not
t marketable terrapins. He said the
big terrapins had been taken from the
4 pen by Game Warden Conner and
t Others on September 18th; that the
4 pens had been destroyed and many
4 small terrapin killed. There were nc
= Jersey terrapin in the pen. They
i were bought in Delaware.
: On cross examination witness said
3 that he had paid these Delaware par.
/ ties at the rate of SIS per pozen fol-
counts" and proportionate prices
? for smaller sizes. That on June 10th,
: when Game Warden made his first visit
+ to the pen he had 450 terrapin in ii
j instead of two or three dozens as
| Il al
2 bought 105 head from Alfred Bradford
: and John Bass at Jones Greek, in
Delaware. Witness said he caught nc
terrapin himself, he propagated them.
/ Witness described the propagating
5 pen as being as large as the court
{ ROOM slab sides, hedge and salt grass
in meadow and sand soil. The ter
rapin lays its eggs in sand some time
in June. Takes seven or eight years
growth before ready for the market.
During the last three or four years
r witness bought over 1000 terrapins.
} All bought in Delaware waters. Wit
| ness did not know the names of the
parties he bought the turtles of.
, DR., Sites was called as witness
, for the defendant to prove that he re-
ceived terrapin from Dover, Del.
shipped by defendant, but the testi-
mony was so remote to the issue that
it was notNallowed to stand
Lewis Newcomb, brother of defend
ant, testified to selling terrapin to his
brother last summer.
On cross-ex-amination witness said
the terrapin he sold his brother were
caught at Barker's landing in Della
ware.
William S. Moore, witness for the
State, was put ON the stand by the de-
fence. He said he had sold Newcomb
"a head of terrapin last summer.
Had caught them in Delaware Cross
examined witness said he didn't know