Waterbury evening Democrat., 1906-05-26
COLE AND COLBY DISCHARGED.
Attorneys Were Before Court for Hay.
 ing Small Fish in Their Baskets.

Attorney Charles 4. Colley and
 Edward F. Cole were before Judge burpee in the city court today charg-
 ed with having In their possession and
 contrary to law fin such case made and
 provided" twenty-four trout under
 six inches long. The law provides
 that trout under that measurement shall not be taken from pond or ! stream in the state and for every case where the prosecution is Successful | the game warden shall be paid fee
 of x20 and the accused shall be fined | not less than $50 with costs.
 Thursday Mir Colley and Mir Cole went to Falls Village fishing, and put up at the hotel conducted by David I Casey. opposite the depot, MT Casey is well known in Waterbury. having
 lived here a great many years. and
 conducted q saloon on Bank street
 and later on West Main street. He
 has reputation for practical joking
 and it Is supposed that he was at the
 bottom of this case.
 The fishermen fished all day. hut had poor luck. The fish were biting all right. but they were all too small to be worth keeping. Friday morning they got up at f o'clock. tramped ten
 miles over the hill and dale and then
 threw in their lines. Luck was better to them than the day before. They
 were kept busy keeping bait on their hooks. But most of the fish were small and the fishermen threw them back into the water. However. Mir Cole caught nine good oies which he said was nine times larger than he ever caught before. Mir Colley caught sev- on worth keeping. With this catch they returned to the hotel, asked the they changed their clothes, washed up and had lunch. After lunch they had a snooze while waiting for the train. When it came time for them to go they paid their bills and took up their fish baskets which meanwhile had been put near the clerks desk. They did not look in the baskets un- til they were accosted by Game War den David R. Walker and accused of having trout under the statutory measurement in their baskets.
 "Then" said Mr Cole on the stand ."I discovered that my nine little ones had grown to thirty. don't know how my friend Colley made out hut guess he was as deep in the poor luck as I was"
 Mir ColIey stated that he Is as much interested fin preserving game of all kinds as anyone else is. because" he said. "If I don't get them this year why I'll get them next year. When We got back to the hotel. we put down our baskets and boy took them away. We did not see them again un- til we were leaving for the train l know I did not catch all the fish that were in my basket when 1 opened 1t at the police station. I'm the most unlucky fisherman that ever was l don't think I could catch all the fsh that were in my basket fin a whole year."
 Game Warden Walker sated that he met tho fishermen at Highland depot and told them he had reason to sus- pecf them of having trout under meas urement in their basket and upon ex- animation he found this to be SO. He took twelve trout from each of the baskets. Both accused were found not guilty. Attorney l. J. o'Neill prose cuted and the accused defended 
 If is said that Mr Casey. proprie- for of the hotel put up the joke and then telephoned the state game war den who in turn informed Warden Walker. That some one put NIT walker aufse- Is certainty. else how could be have caught the unfort- unate sshermenf