The Bridgeport evening farmer., 1917-02-17
bARCEMASTER IS INDICATED
 IN CITY COURT
(Continued from Page One)

The first witness called this morn ing was Chris Olson, victim of Shepp's 1 righteous wrath. He testified that he helped to unfasten the lines. He be- came "excited" when the tug started to pull the barge and ran after Shepp when the latter started for the stern of the boat.
 Why \did you run after the cap- tain?'' asked Judge Wilder. 1 T don't know. I guess I got excit- | ed,'' responded Olson.
 Thomas Olson, of 12S Burroughs street, testified he was one of the party and that he heard someone hol- Ter. Let go the stern lines" He as- serted McNeil was handling the bow lines and that he helped McNeil to unfasten them.
 "Do you mean to say the moment you got aboard the boat you, McNeil and Ferret loosened the bow liner" demanded Greenstein. I've all unloosened them,'' replied Olson.
 The witness did not know why Shepp ran to the stern of the boat, and when asked if he was excited like his brother he replied. T wasn't ex- cited. I might have been excited to get the boat up quick and get home. I didn't want to work all night.'' Capt. Shepp on the witness stand said that after McNeil had boarded the barge he hollered, Were going to take this boat.'' .q q.5f; 1T told them they weren't stated the captain, mot by a dam sight"
 He was talking with McNeil, Fer rett and thol-s-the witness main tained there were at least 10 in Me- NeiPs gang of helpers---when he mo- ticed the boat was moving and the lines were loose. He started for the stern of the boat when, he says Mc- Neil shouted to his companions, ''Get him boys, get him. McNeil grabbed him by the arm, but he shook McNeil of.
 NShepp, who embles in build and square jawed cast of countenance, character in one of Jack London's sea stories, next walloped with his fist someone who attempted to inn pede his progress. When opposite the cabin and near the stern lines, he heard men running behind him---at least ''eight or nine,'' he said---and he picked up capstan bar, whack- ing his nearest pursuer, Olson, on the head.
 McNeil, he testified, said nothing of any arrangement between the for mer and the Conneeticut Co.,, by which the coal was to be taken over by McNeil. Shepp assisted Olson to his feet and he was later helped from the barge to the tug. McNeil had testified that such a deal had been made
 eff I hadn't got the bar, they would have got me-" testified Shepp.
 The captain said he hailed the tug boat and asked if they were going to shove him back into the stake boat.
 'McNeil hollered out, Mo- but the tugboat captain said 'yes,' Sheppi stated.
 Mrs Shepp testified that it seem aboard the craft and when she. saw them at the ropes she yelled to her husband, Jake, they are firing your lines off, Her husband during this period was in the cabin. She saw man whom she could not identify, and whom she says works for McNeil but was not in court, untieing the lines. She testified that when the men boarded the barge, instead of going into the cabin to see the captain for whom McNeil inquired, they went to the stern of the boat to unite the. lines.
 q saw fellow untying the lines and I'd know him if see him again. she stated. It appears that Mrs. Shepp when the trouble started, went into the cabin and obtained a flashlight which she pretended was gun, running onto the deck with it in her hand and asking her husband in order to scare McNeil and his fol- lowers, Will shoot?''
 Regarding this incident Mrs. Shepp testified McNeil cried, ''No, don't shoot" He fled back to the tug which was moored alongside the coal barge.
 Judge Wilder's decision, in full. fol- lows:
 "It seems to me, gentlemen, that this case is governed by the usual rules. There isn't anything extraor- dinary or peculiar about it. The ques- tion of maritime law only comes into it as it affects the authority or posi- ton or responsibilities of the parties.
 ''The whole question is whether or not this man was in such position where he had reason to believe he was being endangered or his property was being endangered, and whether or not the circumstances were such that he ought to use a weapon.
 "Now the masters reasons for re- fusing to go, it doesn't make any diff ference whether they are frivolous, or how wrong they may have been as matter of accommodation, were his own. He was in charge of the vessel; and, until he gave permission, it seems to the court that there was nobody justified in going on board that boat and laying hand on the man, or lay ing a hand upon anything that was on that boat. The so-called custom of towing lines here cannot govern. but the maritime law, the law of the water. What they might be justified in doing under other circumstances has nothing to do with this case.
 we have the case here of a boat in charge of man, who, for reasons of his own which were satisfactory to him (and he was in charge of the sit- uation) decided that he would not allow it to be moved. The fact that he found some of the lines were cast off, and that he ran down to the stern being cast off, seems to the court would justify him in believing, pur- sued as he was by two or three men, as stated, would justify him in at least believing that measures were go- ing to be taken to prevent him from fastening his boat against the stake