The Bridgeport evening farmer., 1917-02-17

That in their actions aboard the barge R. c. Gardner, on the night of Dec. 28, Roderick c. McNeil and a party who came aboard at his command to take charge of the barge load of coal, the invaders had left themselves open to a charge of piracy under the maritime law, was the sensational declaration in the summing up of Attorney Henry Greenstein, counsel for the bargemaster, in his trial in the city court today.
 Judge Wilder found that the barge master, Jacob Shepp, was justified in his defense of the property, and found the accused not guilty of the charge of assault under which, on complaint of McNeil, he had been ar- rested the day following the board ing of the barge by McNeips party. .'It does not seem to me, under the 
 jury in the world would convict this man of assault, believing, as the cir cunistances seemed to him, that his orders or his instructions were being violated" said Judge Wilder, who de- cided the case from the bench, i'm mediately at the conclusion of argu- ments by Prosecutor Delaney and Att tOrney Greenstein. for the defense.
 When he made his sensational statement, Greenstein was summing up the evidence of the witnesses who testified to events which led to the row aboard the boat in the course of which Capt. Shepp, routed the noc- turnal invaders of his craft. The lawyer was quoting from a book on maritime law showing the rights of a captain in dealing with a crew. The master of the ship the law. stated, could resort to deadly weapons if the occasionA warranted.
 eff he could do that to member of his crew, I ask your Honor, what could he have done to McNeil and his crew, who I say went there to steal that boat I say he (McNeiD is guilty of piracy and if an action were brought against him in the Federal courts I believe he could be convict ed.'
 When McNei1 and his crew came aboard that boat" continued the at torney, "they did so in violation of maritime laws. If Shepp had pitch ed them all into the water they wouldn't have got their just desserts D
 The alleged assault occurred the night of Jan. 28. McNeil, of the firm of Archibald McNeil & Sons. coal company, accompanied by Chris Olson, the latter's brother, Thomas, Robert, Ferret, of a local transportation com pany, boarded the barge which lay in the harbor moored to tugboat.
 Earlier tugboat captain had tried to get Schepp to allow his boat to be lowed to McNeil's coal docks and Shepp had refused. According to testimony McNeil asked Elizabeth Shepp,, wife of the captain, after he had boarded the barge without per- mission from a tug, which tied up at the barge's bow, where Shepp was. I Mrs. Shepp replied, 'He is in the cabin. Come in.'' Instead of going in to see the captain, Mrs. Shepp testi- fled, the men who accompanied him started to cast the lines of the barge loose. The coal was consigned to the Connecticut Go. Of Hartford, fact proved by the captains papers.
 Shepp refused to allow McNeils tug to tow him to the docks of the latter. McNeil offered Shepp money which the captain spurned. Finding the lines at the barge's stern had been united Shepp ran to refasten them, when Olson and McNeil ran after the cap- tair- Ferret bringing up the rear.
 Believing they were going to assault him and take his boat, Shepp reached for the captsan bar and laid Olson fiat on the deck with a blow over the head McNeil and his followers fled from the barge, leaving the prostrate
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