Daily press. [volume] (Newport News, Va.) 1896-current, 1910-10-02
Grave Accusations Against Me-
gro 0ystermen Fall Through.
VIOLATED "CULL" LAW
Sam Booker and Robert Calls Are
Fined, But They Prove They Did
Not lncite Riot or Tong Without
License.

Commissioner W. Mcdonald Lee.
OF the State commission of fisheries,
was able to sustain but one of the
five charges which he brought against
Sam Booker and Robert Calls, negro
oystermen, when those men were
placed on trial before Justice John
Henry Jones in Bloodfeld yesterday.
After trial lasting nearly three
hours, Justice Jones found the men
guilty merely OF violating the "cull'
law and imposed a fine of $75 on
Booker and fine of S25 on Calls.
Both men Immediately appealed the
case TO the Circuit Court of Warwick
county and gave bond for their ap-
pearancc before Judge Tyler.
When the negroes were arrested
last Tuesday by Commissioner Lee on
board the flagship Commodore Marry
and taken before Justice Jones the
commissioner charged them with in
citing a riot, attempting to intimidato
an officer. running a boat without a
license. stealing oysters and violating
the "cull' law in that they had caught
oysters over the imaginary Gull
line in James river.
No Warrants Sworn Out.
Attorney r. NJ. Lett and Attorney
j. Thomas Newsome. colored. appear
ed yesterday morning to defend the
men and Attorney J. ID. G. Brown ap-
peared as the prosecuting officer.
When the case was called Attorney
Lett asked to see the warrants against
the men. The formality of swearing
out warrants against the men had
been overlooked by the commissioner
and he Immediately got busy with
Attorney Brown.
After some lengthy discussion il
was decided not to swear out a war
rant charging the attempt to intimi-
date an oincer but the other warrants
were gotten out and the trial pro
cceded
Wanted to Raise Prices.
Witnesses were placed on the stand
by the defense to prove that the
meeting of the negro tongers called
by Booker for last Monday night was
held solely for the purpose of agree
ing to raise the price of oysters from
twenty-five cents a bushel to thirty
five cents a bushel and to assign men
to assist the State authorities in re-
the rocks in the river
Among the witnesses were two dis
interested white men. one of whom
had attended the meeting and the
other of whom had stood on the out
side of the building and heard all
that passed. Commissioner Lee had
claimed that Booker called this meet
ng to incite the tongers TO riot and
TO raid the planters stake. This
charge fell fiat.
Had Secured Licenses.
As to the charge that Booker and
Calls were longing without a license.
his also could not be proven. II was
admitted by the prosecution that the
accused had secured their licenses be-
iore they started longing and that
State Inspector w. +. Lawson, of
Hampton. who took the mems monev
for their permit had been too busy
hat day to make out the license and
rad told the men to go on to work as
rverybody knew them and he would
give them the license later.
The charge of stealing oysters also
was not sustained. but ii was proven
hat the men had violated the Gull
aw. The usual fine for that offense.
The tongcrs say. is SO and that orr
iinarily is imposed by the inspectors
IN the police boats without making
he tongCrs lose two DAYS work by
irsgging them before a magistrate
or trial Z
Rsps Commissioner Lee.
Attorney Lett scored Commissioner
Lee rather hard throughout the trial
and asked him why he hsS not hNcd
he men the usual amount a. the
rocks instead of hauling them ten
niles away for trial. He also asked
why the commissioner had had the
men held in 81 500 bail for an offense
n highst penalty for which was a
hne of 500 Mr.. Lett also referred to
he fact that these two negroes were
he only men arrested on James river
by che oystc! police this season. in
spite Of the fact that the white tong
,rs across James river twice went on
he warpa;h and raidcd the planters ,