Evening star., 1949-07-07
Shooting
Continued From First Page)

Mr.. Duer said he was turning
over to the Virginia investigators
copies of statements he took yes
terday from eight other Maryland
fishermen who were operating In
the area when Mr.. Nelsop was
shot. These statements. Mr.. Duer
said, establish that Mr.. Nelson
was shot while his boat was in
Maryland waters and that he did
not struggle with Acree before the
fatal shot was fired.
i Before Acree surrendered the
legal skirmish between law en-
forcement officers of the two
j States had evolved into scramble
up and down the lower bay area
with these high lights:
After giving up on an expected
cooperative visit by Virginia State
Police, States Attorney Duer
swore out warrants Of murder
for Mr.. Acree and accessory
after the fact for Mr.: Colonna.
First Sergt. Harold c. Serman,
heading the Maryland State Po-
lice investigators, was given the
responsibility of delivering the
warrants to Sheriff Hope Of Vir-
ginia's Accomack County for serv-
ice.
Refuses Acceptance.
But Sergt. Serman returned
with the warrants. explaining, ac-
cording to Mr.. Duer, that Sheriff
Hope reported acceptance of the
papers from State police was il
legal and insisted on delivery by
Sheriff Woodward Jackson Of
Somerset County.
Sheriff Hope explained:
I'VE want to keep Acree in Vir-
ginia because he can be let out on
bond in Virginia. but in Maryland
murder is not a bailable offense.' y
He said the Virginia warrant
would be regarded as the arrest
warrant, the Maryland papers as
mere detainerS.
Finds No Evidence of Struggle.
Mr.. Duer said:
II have not uncovered anything
that leads me to believe that there
was any struggle"
Earlier this week Charles M.
Lankford, jr., Virginia Com
missioner of Fisheries, told report
ers Acree shot Mr.. Nelson acci-
dentally when the latter at
tenspted to seize the inspector S
rife.
/ Mr.. Nelson died of a gunshot
wound in the rear right hip.
Mr.. Duer added that he based
his case largely on evidence of
Calvin Marsh, crabman who took
Mr.. Nelson ashore. Mr.. Marsh told
him the shot was fired from 10
feet away. Mr.. Duer said.
Crabmen Threaten Action.
The custodial wrangle was
spiced by threats of Maryland
crabmen entrenched on Smith
Island to arm against the en-
. croachment of Virginia crabmen
in Maryland waters.
Tuesdays tragedy was blamed
, on Virginian who "squealed" or
Marylanders grabbing in Virginia
. waters, in statements of Maryland
, men to Mr.. Duer and State police
Before the Virginian protested
crabmen had operated freely fol
years in the waters of both States
! without molestation. even though
: State laws forbid such intercourse
they said.
The question of which State
ultimately will try Acree ano
; Mr.. Colonna shaped up as fight
possibly destined for the Federal
Courts to decide whether Mr.. Mel
son died in Maryland or Virginia
waters.
Shooting Near Border.
That the shooting occurred
somewhere near the State border
in the lush fishing grounds of
Pocomoke Sound has been estab-
lished through statements pro-
duced thus far.
Virginia's Gov. Tuck. vacation
ing at his home at South Boston
Va, expressed full confidence in
the investigation by tate and
local authorities. When asked
about possible extradition pro-
ceedings, he replied:
Il will consider it when the re-
quest is made. So far as I know
now, none has been made as yet. .
j., Gov. Tuck indicated that if he
were convinced from the investiga.
ton by Virginia and Maryland
authorities tnat the shooting oc-
Cured in Maryland, Mr.. Acree
would be turned over to Maryland
authorities: but if the investigation
showed the shooting occurred in
; Virginia, then the proceeding.
: would be handled by authorities o1
Accomack County.
Tuck Voices Distress.
Gov. Tuck showed considerable
: interest and distress over the situa
). ton, and emphasized that The Law
would be enforced.
There is a tense rivalry between
= the Maryland and Virginia mel
p who make their living off the sea
:; food resources of the Bay and tn,
lower Potomac.
Maryland claims Virginia raw
: ages the Chesapeake by permit
+ ting extensive net systems that le
too few fish up the bay to spawn
t by too liberal grabbing regulations
}, and by permitting the dredging O.
! oysters.
!, The rivals used to carry gun!
J. Is or 80 years ago, but there
hasn't been any trouble in year.
on this side of the Bay.
= Over the Western Shore, in tn,