Milford chronicle., 1931-09-04
RECESS MADE IN
BOUNDARY FUSS
UNTIL OCTOBER
rContinned from Frst Paqel

[COminHed from First Pagel
as the geographical center If Della
ware Bay, against the contention OF
New Jersey that the middle of the
ship channel is the proper line.
Oyster beds valued at $4,000, 900
are involved in the dispute and be-
come the property of the State
awarded the decision when the case
is reviewed by the United States
Supreme Court
Case TO BE Delayed
There will be considerable delay
in presenting the case to the Su-
preme Court as a result of New
Jersey questioning the authenticity
of the seals ON the historic land
grants. The documents were exam
ined by the attorneys in the State
House at Dover but Mr. Minard de-
clared that New Jersey is not salts
fed that the seal is the original.
At the hearings in Baltimore Del
aware will battle to establish the
authenticity of the Colonial docu-
ments, while Mr.. Minard and his as
sociates will attempt to prove the
papers illegal.
If the documents are proved gem
uine it will establish Delaware's
claim that the boundary line with-
in the 12-mile circle extends to the
low water mark on the Jersey
shore, instead of the middle of the
ship channel as upheld by New Jer-
sey.
BuckSOn First Witness
Captain John T. Buckson, of Do
yer, was the first witness called for
Delaware last Thursday. He testi-
fled that he had been engaged in
oyster fishing for more than so
years and that during that time he
had made frequent excursions to
Ship John Light for dredging of
oysters Ship John Light is the CEN
ter of the heated dispute over the
ownership of the oyster beds.
Captain Tarburton and Mr.. Min
ard, however, provided the high
point of interest as a result of per-
sonal clashes over testimony. Tar
burton testified that although he
had never been to Ship John Light
himself he had seen licensed Della
ware boats dredging i'll that terri
tory. Mr.. Minard questioned Captain
Tarburton's ability to distinguish
Delaware boats when he happened
to be on a boat three miles away.
Captain TarburtOn then turned
artist and drew for Mr.. Minard the !
peculiar masts and rigging which !
to the discerning eye distinguish |
one boat from another, even at a
distance of three miles.
Other witnesses for Delaware |
were Captain Thomas Muncy, and |
Captain George Fl. Walls, both of
Dover, and both veterans of oyster
fishing.
J. W.Wilcutts, oyster. revenue col
lectOr for Delaware, was an inter
esting spectator at the proceedings.
A number of New Jersey fisher
men also were present 10 give evil
dence
Scan Old Documents
The documents examined at Do
yer hy the master and the attorneys
include three papers which are eli
.ased il. steel frames with glass
over them. They are kept in a spe-
cially built steel safe in the ar
chives Of Delaware III the State
House.
The first paper is that of letters
patent rom Charles IL King of
England TO His Royal Highness,
James Duke of York, dated March
%, A. D. 1893, for New Castle and
the 12-mile circle and tract Gf land
south to. Cape Lopen.'
The second paper is a deed from
His Royal Highnass James Duke of
York, to William Penn, son and heir
of Sir William Penn Knight, dated
August "a A. D. 1852, for the town
of New Castle and the land within
the circle of - miles, and all is
lands in the Delaware River, and
the said sand and the soil thereof
lying north of the southernmost
part of the said circle of Il miles
about the said town.
The third paper is an indenture Of I
lease for 10000 years from His Roy
al Highness, James the Duke of '
York, to William Penn, son and {
ieir of William Penn Knight. dated I
August "a Il. j.. 1852, for tract of
and alOnS the Delaware River and Y
Bay, beginning Il miles south, from c
lew Castle and extending south to v
Cape Lopen." There is a seal on
he main document impressed with ]
wax that was closely scrutinized by f
he master and attorneys. It may be t
possible that a further examination
)y an expert will be necessary to 6
determine if the seal J imbedded in r
wax on the paper is an original one.
BOY CHARGED WITH b