Evening journal., 1905-07-28
MAGISTRATE
CUMMINS OF
SMYRNA ACCUSED.
Warrant for His Arrest
Issued on Allegation of
Overcharges
WOODLAND BEACH AFFAIR OUTCOME
speelal 10 The Evenlng Iournal.

Special to The Evening Journal.
Dover, July 2s.-Upon the return to
Smyrna Of Magistrate Robert L. cummins
who is in Wilmington today on business.
he will find the sheriff Of Kent county
waiting for him with a warrant for his
arrest in connection with the warfare be-
ing waged. between Captain William A..
stotesbury commander OF the Bombay
HOOK fishing feet and President James r.
Mott Of the woodland Beach Conn
pany
The warrant charges him with ex-l
tortion and he finds himself confront
ed by charges which. II established
against him, would mean fines aggre-
eating $3.50, together with liability for
double damages.
The Woodland Beach concessionar-
les, or four OF the principal ones who
were fined last week and again this
week by the magistrate and who were
committed to jail upon their protest.
ing the fines and costs. worked all
night on this retaliatory step. and
bright and early this morning while the
State Capital town stin slept. they had
Magistrate Edwin r.. Wood at work
in his Office making out warrants
and docketing cases against the WE'LL
known Smyrna magistrate, the war
rants being so prepared that he cannot
lrefuse to accompany the sheriff to
Dover This development, by far the
most serious yet IN the catch-as- catch
can wrestle I'm the courts between Cap-
tain William A. Stotesbury, OF Smyr-
ma, and President James r. Mott. Of the
j Woodland Beach Company, growing
: out Of violation of the Sunday laws.
; created excitement both In Smyrna and
Dover and at Woodland Beach and
crowds gathered at the magistrates'
: offices. Lawyer Eastburn labored with
; the magistrates In the preparation OF
the papers and apparently had given
himself little time to sleep. President
e Mott and the other complainants. each
, OF whom swore out a separate warrant
, against the justice. appeared also to
e be worn out by the merry dance which
C Captain Stotesbury is leading them,
/; but the master OF the fishing fleet look
led as fresh as a new pin and brown as
a berry
THE ACCUSATION.
The warrants. which arc issued sew
erally by James r. Mott. Robert T.
h, Boyd, Samuel Mood and John H. Will
n ley, aver in a long citation in writing
| that the defendant. Rob6rt L. Cum
minis. being then and there exercising
the powers OF a justice Of the peace
r and a committing magistrate in and
d for Kent county:
n Did then and there receive greater
e and more fees in a case then and there
O pending, wherein the State Of Delaware
" was plaintiff and the said Robert l..
d Boyd Cor the other complainants) was
IS the defendant than allowed by the
8 laws of Delaware" and then, further
e down on the writ:
d Having received from the said
y Samuel Mood fees for six subpoenas
when but one subpoena was served
y or brought into service"
Lawyer Eastburn, in his citation of
= the case TO the magistrate issuing the
warrants. declared that in the first
case. wherein his six clients then ar
raigned for Sabbath breaking were
fined 81 each. the costs were made to
A reach $500 each, while in the subse-
III quent cases. last Tuesday. which fines
u and costs they refused to pay, the mag
istrate overcharges twelve afiidavits
j. and thirty-six subpoenas, thus:
"a ALLEGED OvERCHAkGEs.
al First case, Tuesday July Is:
M Costs charged upon six defend
II ants, over fine OF s16.......... 1890
Alleged lawful charge, including
ie subpoenas ....... $40
y, Alleged opercharge by magis-
= trate for his own use. .,...$ sol
= Second case, Tuesday, July 25:
a Costs charged upon twelve de-
N PENDANTS, $5.4s each .......... ss5.1i
,e Alleged lawful costs. affidavit,
n 10 subpoenas 49,. -. -. &c.. 1853