The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-03-23
my CLIENTS AN HONEST MAN"
AND THUS 1T HAPPENED THAT
THE JURY ACQUITTED HIM.
He's . Horny Handed Fisherman and .
Methodist Class Leader, and the Chief
witness, Who Said He Melted Ducks
on the Bay, Rides in q ParIor Car.

witness, Who Said He Melted Ducks
on the Bay. Rides In q ParIor Car.
EAST MoRIcHEs, L. l., March 22.-An all
day battle was fought in the truck house
(the public hall) of this village to-day, be-
tween the State Fish and Gamo Commits
sion and an old fisherman, and the fisher
man came out Of the conflict in good order,
thanks to the prejudice against the game
laws which counsel for the defence took
care to use effectively in his appeal to the
jury.
The case had been pending since Novem-
Der 10, when Special Game Protector II. G.
Smith, with a posse Of a dozen local guides,
took from the bay opposite this village
5000 yards of gill nets in which were en-
meshed twenty-seven redheads, fifteen
poul de eaus and one sheldrake. On some
Of the floats Of the nets was found the name
Of the supposed owner, j. G, Raynor. On
the preceding day, November IS, DIR.
Richardson, a Brooklyn sportsman, and
his guide, Ed Benjamin, went duck shooting
with very poor luck, too, according to
the testimony before the oourt to-day.
DR.. Richardson testified that the shooting
was poor and they had nothing better to
w lud4l WdJCJ ~ q tpyBldSS a hi1l
taking ducks with nets. Said the witness:
He was having suoh good luck that I
admit I felt a little sore. l saw the man
take duck after duck from the nets and
throw them into the boat No effort Of
counsel could induce an admittanoe that
the ducks we're thrown overheard. Ben
jamin, the guide, swore positively that the
man was Raynor, the defendant. DR..
Richardson would not swear positively as
to Identification further than that the
man taking the ducks resembled the de-
PENDANT, and he believed that 1t was the
defendant.
Robert 8. Pelletreau, for the defendant.
knew all about the brown duck law and
the local prejudice against the game laws
in general, and made the defence along
those lines. He knew where he was at
when he was after a juryman from Coram
or one from Setauket, and he knew how
to net a Suffolk county jury fully as well
as his opponent, Judge Joseph N. Belford,
his appeal made wholly In support Of good
citizenship and maintenance OF the laws.
There was too much March for the fisher
men to be on the bay, and the courtroom
was thronged with fishermen, gunners
and guides.
By the testimony the nets were a half
mile from Meadow Point, where Richard
son and his guide were. The spyglaes
with which they watched the alleged vto-
lation was in evidence. Counsel Pelle-
treau had lots OF fun over it.
The life savers, yacht shippers and ever
newspaper correspondents were placed
on the stand to testify as experts in the
use of ~spyglasses, and 1t was easy to prove
that you couldn't see a barn a half mile
away, let alone a duck, and just as easy for
the nfhar EiHa t0 nrOva TINT one could fall
whether a duck had pin feathers or not
from the mainland to the beach, a distance
of two miles. II nets from which the
ducks were taken were in evidence and
on a raised platform in full view Of the
crowd. Robert Lawrence, counsel for the
Fish and Game Commission, was busily
engaged for q while during the proceed
ings In picking feathers from the nets and
blowing them toward the lawyers and jurors,
but a little matter like that didn't count
one, two, three when Lawyer Pelletreau
got ready to speak.
"Dr. Richardson" said the lawyer, SIS
one of the fur coated city sportsmen who
ride in q parlor car and come down here to
shoot ducks. Benjamin ia employed by
him. My client is a horny-handed fisher
man, a leader in the Methodist class meeting
You know the two classes. John e. Over.
ton, who brings this suit, has the treasury
of the State of New York behind him. My
client is an honest man."
That line of argument was too much for
Judge Belford's oratory in favor of the
maintenance of the laws, and 1t took the
jury only four minutes to decide that there
was mo cause for action"
The amount sued for was $500 penalty for
taking eight ducks. A larger amount
would take the case out of the local court.
The Justice OF the Peace, R. p. Howell,
owing to a death In his family, had induced
Justice Griffing of Quogue to preside. There
were a few exceptions taken and it Is prob
able that the case will be appealed as the
Fish and Game Commission are determined
to prosecute to the bitter end violations Of
the game laws.