Evening star. [volume] (Washington, D.C.) 1854-1972, 1959-05-01
CaseDismissed
In0ysferD Death
By MAGISTRATE
Stute's Attorney
To Present Cases
To Grand Jury
BY JAMES b. ROWLAND
star star Writer

LA PLATA, Nd, May L.
Manslaughter charges against
three Maryland Tidewater Fish
cries Commission inspectors &C.
cused in the fatal shooting Of
q Virginia FISHERMAN April s.
of Colonial Beach were dis
missed by a magistrate today.
Charles County States At
torney George w. Bowling said
after the preliminary hearing
that the manslaughter cases
nevertheless will be presented
to the county grand jury con-
vening here Monday.
Charged after the shooting
were Capt. Roger Bussler. 90, of
Leonardtown; Harvey C. Cock,
%. Of Cambridge, and Barnes
l.. Brann, 81, of Annapolis.
The three made up the crew
of the Maryland Tidewater
Fisheries Commission boat
Honga River that had been dis
patched to intercept a Virginia
boat for alleged illegal oyster
dredging.
Muse Is Killed
Killed by one of q shots
fired by the inspectors was
Berkeley B. Muse, 81, Of Oak
Grove, Va. Another crewman
on the boat, Harvey King, 80,
of Colonial Beach, was wound
ed in the right thigh.
The charges were dismissed
by Magistrate LeMerton E.
Crist at the end of a two-hour
hearing.
Immunity from arrest was
granted Mr.. King and another
passenger on the Virginia boat,
John F. Griffith, 80, of Colonial
Beach, so they could testify for
the State. Both Mr.. King and
Mr.. Griffith have been charged
with illegal oyster dredging, |
but have refused to waive ex.
tradition from Virginia.
ExtraditiOn Hearing
An extradition hearing has
been scheduled for May 10 at |
Montross, Va.
Mr.. King testified he did not |
know it was the police who
were trying to stop his boat
about 200 yards of Colonial
Beach. He said he saw no
markings on the Maryland
craft and heard no shots.
He said he realized shots had |
been fired when he discovered |
his own wound and then heard |
Mr.. Muse say he had been shot. |
Howard C. Shenton, commits
sion supervisor fc- the Western
Shore area of Maryland, said
the three inspectors had been
ordered to intercept the Vir-
GINA boat and bring the men
back to Maryland. He said the
Maryland boat was plainly
marked with a shield, the COM
missions name, and the word
police" on its side.
He testified three series of
shots we're fired-Warning shots
across the bow, shots at the
hull when inspectors feared
they were being rammed, and
shots at the two cupboard mo-
tors as the Virginia boat fed
into Monroe Bay.
Following Orders
Judge Crist said the inspec-
tors apparently were following
orders, and constituted a mill
tary force in the State, such as
the National Guard. There
fore, he said, there were no
grounds on which the men
could be held on the man
slaughter charge.
Mr.. Griffith, who said he
went clustering for the first |
time, testified he heard plenty |
of shots" when the Maryland |
patrol boat crossed their bow. |
He said the inspectors came
within 20 to 80 feet of the
Virginia boat.
} Mr.. Griffith said they had
been clustering 80 to 40 minutes
at Swan Point when they
started back to Cononial Beach.
Defense Attorney Robert T.
Barbour asked Mr.. King if the
boat carried oyster tongs or
other similar equipment. Mr..
KinO deolipad IN apSIuaY. On