Evening star., 1949-07-08
Tuck and Lane
Asked 10 Act in
Bay Staying
Virginia Holds Acree,
Who Faces Charge Of
Murder in Each Stute
By Hermon F. Schoden
Stor Stoff Correspondent

py IICIu0U =. JSuOUSV
stor stoff Correspondent
CRISF1ELD. Md, July 8.-Th'
Governors of Virginia and Mary
land will be asked today to inter
vene in the plans of two States t.
try David Acree for the murder o
a Crisfield waterman.
Charged in both States will
the fatal shooting of Earl Nelson
50-year- old Chesapeake Bay crab
man. Acree was the pawn of ;
strange and complex legal game.
Less than four hours after h
made $4,000 bond on the Virgini;
charge, the 26-year-old part-tim'
Virginia Fisheries Department in
spector was jailed yesterday with
the Maryland charge of murdel
still over him.
Calls Shooting Accidental.
Acree has admitted through hi
attorney that he dropped into th'
bay in a Virginia Fisheries De-
partment airplane Tuesday
boarded Mr.. Nelson's 26-foot boat
and. accidentally shot him tt
death while he was resisting ar
rest"
B. Drummond Ayres of Accomac
attorney for Acree. said Acree wa:
in gail yesterday when it was
learned the Maryland warrant
eventually will be served. This
was done because murder In
Maryland is not a bailable crime
he said.
However. L. H. Mears, Com
monwealth's Attorney of North
ampton County said Virginia
statutes required any one charged
with murder to be jailed 80 days
before he becomes eligible for
bond.
So with Maryland authorities
hot on his trail Acree was lodged
in the Accomack County Jail.
Nelson Funeral Today.
Meanwhile, this fishing town
prepared to bury Mr.. Neslon to-
day. A native of Crisfield. he was
known as a fond father of his
six children. His wife died only
three months ago.
AS the legal battle wore on, two
vital points were in dispute-hov
and where was the crabman killed:
States Attorney E. McMastel
Duer of Marylands Somerset
County, says he has irrefutable
proof that the shooting was ir
Maryland waters. He further
points to affidavits that the fatal
bullet was fired from the rear and
at aSdistance from the victim.
Commonwealth's Attorney Il
Almer Ames of Virginia's Acco-
mack County is inclined to believe
Mr.. Nelson was shot in Virginia.
Laws of both States forbio
residents of one from grabbing ir
the waters of the others.
Two Decisions Made.
Yesterday Mr.. Ames visited Mr.
Duer in Crisfield. Two decision:
were announced:
/. Mr.. Duer will bring Mary
lands Gov. Lane up to date today
on all angles of the case and ask
him to confer with Virginia's Gov
Tuck looking to a possible solu'
ton.
Z. Virginia and Maryland joint
w will undertake survey OF the
State line through the bay ir
hope of establishing conclusivelJ
in which domain the offense oc-
Cured.
Mr.. Ames insisted he and Mr.
Duer are cooperating. Facts o1
the hide-and-seek play up to now
bespeak of little or no co-opera.
ton.
After two days OF intensive ef-
fort. Maryland has been unable
to serve warrants on Acree ano
George Colonna. 20. of Johnson
town, Va, pilot of the Fisheries
Department airplane and charged
in Maryland with being accessory
after the fact in the murder.
The question of jurisdiction will
be determined as the case un'
ravels, beginning with a prelim'
mary hearing July Is.
Police Chief Albert Rich of Girls
field revealed he was sending MIR
Nelson's clothing to the FBI lab
oratory in Washington for test
for powder burns. Preliminar,
examination failed to reveal burn!
m tho r1othes 0r hOdV