The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1903-05-28
ILLEGAL FISHING.
Oliver Bankus and Monroe
Gruver Plead Guilty.
Will Be Sentenced Tomorrow.

illegal hShlng must be stopped,
so says Game Warden Harry Esh-
leman, and the first move in this
direction was made on Monday
when Oliver Bankus, Monroe Cru
yer, Charles Sweppenheiser, Alex
ander Bitter and Charles John all of
Main township were arraigned be-
fore Justice of the Peace Guy |
Jacoby, in the Court House, for
hearing, on the charge Of having
used dynamite for the obstruction
of fish.
At the outset of the hearing,
John G.. Harman who with Fred
Ikeler represented the defendants,
entered plea of guilty for Gruver
and Bankus, and stated that they
would furnish the required bail
and appear later for sentence, which
was allowed.
The Commemorative attorney
Duy and Herring then endeavored
to connect the other three defend
ants with the crime, and to show
that eccording to an act relating to
an offense of this kind, they were
equally guilty.
Testimony was given by Frank
P. Betz, Wesley Crawford, Emanuel
Artman, Harry Fox, William Good
hart, Charles Hartzel, Mrs. Mar
garet Crawford and by the defend
ants.
The evidence showed that they
were all together when they left
home, Gruver had a nine inch stick
of dynamite in his pocket but
Barkus was the only one of the
party that knew it.
When they arrived at the stream,
they separated, Bankus and Gruver
remaining together. About eleven
O'Clock Gruver cut the stick of
dynamite in two, and exploded half
of it. The other halt was put off
at three o clock by Bankus. When
the first explosion took place Swep-
penheiser, Bitler and John were
about twenty five yards distance,
and 1t was upon this that the Com
monwealth sought to establish their
guilt. Mr. Herring in his argu-
ment stated that if they did not
know of the dynamite when they
left home, they certainly knew of it
after the first explosion, and that it
was their place to go and stop the
further use of it But instead they
remained away and by so doing
abetted the violation and made
themselves equally liable.
Both Ikeler and Harman argued
for the defendants, ard some very
fine points of law were brought out
The Justice stated that it would
be unjust for him to dispose of the
case without hearing the defendants,
and they were called to testify
While they admitted being in the
party, they took no part in the ex'
plosion of the dynamite, and they
did not receive any of the fish killed
by its use.
There were probably upwards o
hundred and fifty people in the
court house during the hearing, ant
easily four out Of every five were O
the opinion that the defendants were
guilty. But it was case in which
the Justice was vested with tremen
dous power, he was the Judge ant
Jury. and the evidence in case o1
this Kind must needs be convincing
in order to convict. There must bt
more than suspicion, mole ever
than a moral certainty, the absolute
facts must be shown. While th'
evidence was against them in some
respects it was not sufficiently strong
to convict and they were therefore
discharged.
The punishment which the Law
prescribes is fine of $Ioo and i'm
prisonment for six months. Swep
penheiser, Bitler and John can shak
hands with themselves. They go'
out of a mighty small hole, and thei
marrow escape has no doubt taugh
them a wholesome lesson.
should serve as warning to others