Evening star., 1933-12-20
IS IN OYSTER WAR
HELD IN $500 BAIL
Eastern Shore Defendants
May Ask Habeas Writs
After Hearing.
ny STAFF Correspondent Of The Star.

ny q STAFF Correspondent OF The Star.
LA PLATA, Md, December 20.-Six-
teen men arrested in Southern Mary
lands oyster "war" Monday were held
for the grand jury under $500 bond each
following a preliminary hearing before
Justice of the Peace William D. Hickey
this afternoon.
Declaring the bond excessive. Defense
Attorneys John F. Mudd and Philip H.
Dorsey, jr., announced Immediately that
they would attempt to have their clients
freed on vrits of habeas corpus.
Inasmuch as the bond was fixed on
Recommendation of States Attorney Ed
ward Edelen of Charles County the
defense attorneys said they would apply
fG the writs in some other jurisdiction,
possibly Baltimore city
All of Eastern Shore.
All Of the men held are residents of
the Eastern Shore and each is charged
with illegal dredging of oysters.
Two other men, arrested with the
Maryland group, claimed they reside in
the Virginia section Of the Eastern
Shore. They are to be given hearing
this afternoon to determine their exact
residence. The two, Ralph Williams
and John Lewis, are to be turned over
to Virginia authorities if they can
prove they are citizens of that State.
Only two witnesses were called by
the State at today's hearing. Deputy
Sheriff Bruce Wilmer, who directed the
exciting chase on the Potomac River,
of Popes Creek, which led to the ar
rests, told of seeing the men using hand
scrapes for several hours before he set
out to capture them.
Deputy Sheriff Leo Hayden corrobo-
rated Winners testimony. On cross
examination, both admitted they could
not identify the men in the dredge
boats before starting from shore, but
placed the charges because the pris-
oners we're the occupants Of the boats
dredges had been thrown overheard dur
ing the chase.
Dorsey Sponsor of Bill.
Defense Attorney Dorsey is a dele
gate from st. Marys County in the
State Legislature and sponsored bill
at the recent special session to permit
hand scraping. The measure was de-
feated after much debate.
Gordon of State police guarded the
prisoners during the hearing today, but
there was no disorder and the court
room weS barely half filled
Arrest of the alleged oyster pirates"
by the Charles County authorities and
State police was legal. Assistant At
torney General William L. Henderson
declared in an informal opinion yes
terday.
Other Developments in the war dur
ing the past "a hours included q per-
sonal investigation by Swepson Earle.
State conservation commissioner, and
a protest by Representative T. Alan
Goidsborough over the alleged prefer
entail treatment accorded some OF
those arrested.
Shake-up Indicated.
Commissioner Earle said his nVestlga-
ton might result in a shake-up in the
enforcement officers who are charged
with patrolling the Potomac. Charles
County residents have claimed the State
oyster inspectors have made no eHor'
to prevent illegal dredging. 80
AfteI friends of the prisoners mao
protested to the attorney generals
office on the ground that deputy sher11i
and State police have no authority to
make arrests for violation OF the con-
servation laws. Mr.. Henderson said:
II think there is concurrent Jurlsdlc'
zion. lust as in the enforcement OF tnt
motor vehicle laws. The county sherln'
and State police both can make arrests
for speeding and I see no reason why
the same authority should not be pos
sessed by the county sheriffs and Stat
Conservation Commission in regard u
illegal gathering of oysters.
Virginians Allowed to Go Free.
Before the State Conservation Com
mission was established the State flSh
cries enforcement officers and tn
county sheri1s had joint jurisdiction
and the law granting authority to tn
State Conservation Commission to en-
force game, fish and oyster laws doe
not take it away from the county ON
GERS. It might be implied, of course, bu
I think it would need more than an i'm
plication to take away such jurisdiction