Evening star. [volume] (Washington, D.C.) 1854-1972, 1959-04-09
Action in Oyster War Killing
Awaits BoIIistics Tests by FBI

The question Of whether
charges viii be filed In the Po-
tomac River oyster war killing
of Virginian Berkeley Muse
rested today in the hands Of a
Maryland States attorney.
Mr.. Muse died Just after
dawn yesterday In the latest
flareup in the long Maryland
Virginia feud over oyster dredg-
ing in the river. The shots
were fired by inspectors Of the
Maryland Tidewater Fisheries
Commission.
The agents claimed Mr.. Muse
and two others were illegally
dredging short distance from
Colonial Beach, Va, and said
they merely were trying to dis
able their boat.
Two Others on Trip
With Mr.. Muse. popular 81
lyear-old Oak Grove (Va) BUSH
Inessman and beach developer,
were Harvey L. King, 30-year-
old Colonial Beach FISHERMAN,
arrested before for dredging.
and John F. Grifith, 80. a
Colonial Beach man who went
along for the ride" Mr.. King
was shot through the thigh.
Both Mr.. King and Mr.. Grit
nth denied there had been any
illegal dredging. Mr.. Griffith
said the men had tonged UP
a few oysters, a legal practice.
He insisted the fishing boat was
never given proper warning by
the commission agents before
the barrage of 81 shots was
fired.
Tawes Informs Almond
Gov. Almond of Virginia said
in a statement today he had
been assured by Gov. Tawes Of
Maryland that Maryland's At
torney General and other au.
liberties were conducting "a
thorough and intensive inveSti-
Igation" into the shooting.
Gov. Tawes expressed his
sincere regrets on what has
taken place and assured me he
would furnish me with a full
report when the investigation
has been completed" Gov. Al
mond added.
Whether Maryland charges
will be filed against the Mary
land commission inspectors de-
ponds on the outcome of con-
ferences and ballistics tests,
George w. Bowling, States at
torney for Charles County, said.
He planned a meeting in Vir-
ginia today with a Virginia |
State trooper, who has been
instructed to make a report |
to Gov. Almond.
The .38-caliber pistols used |
by the inspectors, Capt. Roger
Bussler of Leonardtown, Har-
vey Cook of Cambridge and
Barnes L. Braun of Annapolis, |
have been turned over by Mary
land State police to the FBI !
for ballistics tests. Only one
slug was found in the fishing
boat.
This slug, in the opinion of |
one Virginian, is the one that
killed Mr.. Muse. Sheriff Charles
B. English of Mr.. Muses. home
county, Westmoreland. said the
slug was lightly smashed, in
dicating it might have struck
a bone.
Caused Flesh Wound
The slug that went through
Mr.. Kings thigh caused only
a flesh wound, he said. State
Trooper Russell j. Jewell took
the slug to Richmond for the
State Medical Examiner to try
to determine If it killed Mr..
Muse.
If tests indicate it is the
bullet, it then will be sent to
the FBI in Washington in hope
Of learning from which pistol
it was fired. Then it would be
lup to Maryland authorities to
decide whether to file charges
against one of the fisheries
commission inspectors.
Virginia authorities admitted
Maryland had full jurisdiction |
in the case, because it occurred |
on Charles County waters. but |
were vehement in their protests. |
II think it was murder" said
Commonwealth Attorney F. F.
Chandler of WeStmoreland
County. "You have no right |
to kill a man for a INSIDE
meanor. Under Maryland law.
dredging is a misdemeanor;;
under Virginia law, felony
Il don't think that even
under Virginia law it is right
to kill a man for dredging |
oysters. There is a pig diff
ference between robbing a bank