Peninsula Enterprise, November 29, 1883


reprinted from Tappahannock Index.Moral -- MurderLaborers -- Fisheries

Messrs. Charles P. Justice, Wm. J. Barnes, George T. Lewis, Julius Twyford and Lewis A. Barnes, of Accomac county, arrived here last Tuesday, having been summoned as witnesses for the Commonwealth in the prosecution of Frank Burkman. It was agreed by the counsel in the case that the case should not be tried at this term, but these witnesses were absent from home and did not learn of the postponement. They were all recognized to appear at the March term.


Infrastructure -- Public - Government : Maryland-Virginia boundary

A special to the Baltimore Sun, from Crisfield, Md., on the 26th inst., says: The Steamer Leila, Capt. C. J. B. Mitchell, is here, having placed the Maryland and Virginia boundary stones at Smith's Point, Va., Sassafras and Horse Hammocks, on the Chesapeake Bay, and Tangier Sound, and at Watkins' Point on the Pocomoke Sound. The Leila will return to Smith's Island for the commissioners and engineer, who are now running the line across the island.


Sea -- TerrapinSea -- Shellfish - Clamming : SeasideSea -- Shellfish - Clamming : LitigationSea -- Shellfish - Oystering : SeasideSea -- Shellfish - Oystering : Litigation

Our county court has been engaged since last Monday in the trial of indictments for violation of oyster and terrapin laws. Two of the terrapin cases have been tried, with the verdict of "not guilty" in one instance and "guilty" in the other. In the latter case a new trial was refused, and it will be carried by appeal to a higher court. One of the oyster cases is now being tried and a greater part of the male population of Greenbackville and Franklin City being present as witnesses, it looks as if it would engage the attention of the court the balance of the week.


Moral -- Other

Wm. Smith, held on bail to answer an indictment at this term of our court for unlawful trespass, did not put in an appearance, and the presumption is that he has taken "leg bail."


Tourists and sportsmen -- Other recreation - Horse racing

A running race between Buck owned by J. Ambler Jarvis and Doswell, Geo. E. Bull owner; mile heats, best two in three, comes of at Pungoteague on McConnell's track to-day.


Tourists and sportsmen -- Field sports - Hunting : Raccoon and opossum

Accomac C. H.

Messrs. John and Benjamin Phillips, living near our town, have caught, according to the last report 63 opossums this fall.


Moral -- VandalismInfrastructure -- Commercial - General Stores

Belle Haven.

The dwelling upon the premises of Mr. U. B. Quinby, near Belle Haven, occupied by Peter Savage, colored was burned to the ground last Thursday night. The tenant claims that the fire was the work of an incendiary, and says that the house was set fire to from the outside of the building at both of the doors, and that his escape was made through the window.

The store to be occupied by West & Willis is being repaired, and when ready for occupancy will be as neat, ornamental and roomy as any on the Eastern Shore.


Infrastructure -- Public : Schools


The new school building has been completed, and is ready for occupancy.


Infrastructure -- Public : TownsInfrastructure -- Commercial - Residential constructionInfrastructure -- Commercial - Commercial constructionSea -- Finfish - Catch : Other fishWeather -- Northeast stormsMoral -- Other

Marsh Market.

There are many evidences of improvement in this locality of late. The public schools are well filled, and the attendance at Sabbath-school is very large. In the last two years four storehouses and thirteen handsome dwellings have been built. We have now two Methodist churches, and two more churches will soon be built -- one for the Methodists and one for the Baptists. Two saw mills, blacksmith and shoemaker shops &c., are located in our midst, and are well patronized. Newspapers, periodicals and works of standard authors can be found in almost every house, visits of THE ENTERPRISE and Baltimore Sun being noticeable.

Fine black perch are being caught in Pocomoke Sound.

We had a severe gale in this section on the 12th inst. Fortunately our oystermen were all in harbor, and escaped the loss of life and property attending it among some of our neighbors on the other side of the river, in Maryland.

Severn Bundick eloped recently with Mrs. Ellen Taylor, wife of John Taylor, from this locality to parts unknown. Many think they went to Philadelphia. The gay Lothario leaves behind him a wife (who deserted him about two months ago) and three grown children. Mrs. Taylor took her four children with her.


Sea -- Shellfish - Oystering : BaysideSea -- Shellfish - Oystering : PoachingSea -- Shellfish - Oystering : LegislationInfrastructure -- Public : Schools

Saxe's Island.

Byrd's Rock in Pocomoke Sound is being daily dredged by citizens of Maryland, New Jersey and elsewhere.

The oyster beds in this section have been sadly depredated upon by the dredgers, and our tongers do not get as handsome returns for their labor as they did earlier in the season.

At a meeting of the citizens of the island, at Glenn's store last Saturday, Capt. W. P. M. Kellam and Messrs. Geo. W. Glenn and John Riley Marshall were selected as a committee to be sent to Richmond during the meeting of the next legislature, to represent the oyster interest in that community, and to urge an amendment of the oyster law, so that protection may be furnished against those violating it.

A handsome church edifice is soon to be erected by the Methodists at the foot of the road leading to the island.


Sea -- Shellfish - Oystering : BaysideSea -- Shellfish - Oystering : Litigation

These cases which were argued before the Court of Appeals in Richmond on the sixth of the present month by the Attorney General for the Commonwealth and by Mr. NEELY for the defendants in error, were decided on Thursday last in favor of the latter.

We congratulate the owners of the vessels upon the restoration of their property, which has been withheld from them since March last by the proceeding hitherto unexampled in the judicial history of this State.

Our readers may remember that at the November term of the Court of Appeals, of last year, a decision was rendered by that court in favor of the same parties, who were then appellants, reversing the judgments of the County and Circuit Courts of Mathews. This decision adjudicated every principle involved in the proceedings, and the cases were sent back to the Circuit Court of Mathews for the sole purpose of enabling the owners of the vessels to make proof of their title, an opportunity to do which has been refused them by that court. At the hearing, the court was presided over by Judge JEFFRIES, greatly to the chagrin of the prosecuting attorneys, who were doubtless expecting Judge HENLEY to reverse the decision of the Supreme Court.

When the cases were called, a motion for continuance was submitted on behalf of the Commonwealth, which, being utterly without foundation was overruled. The owners of the vessels then made ample proof before the jury which was sworn to try the question of title. No proof to the contrary was offered by the Commonwealth. Instructions, however, plainly counter to the decision of the Court of Appeals, and in direct conflict with its mandate, were asked for by the representatives of the Commonwealth, and, of course, refused by Judge JEFFRIES who is [illegible] an upright judge [illegible] rendering a verdict in favor of the owners, and judgment was entered accordingly.

The matter should have ended here. The owners had been subjected to great delay, trouble and expense, and were entitled at once, to the benefit of a victory so fairly and so hardly won. It would have so ended but for the quasi political features which characterized the prosecution from first to last. The capture had been made by Cameron, the Readjuster commander-in-chief of the State army and navy. Great eclat was gained, and much fancied political capital stowed away for future use. So far the Readjuster judiciary had sustained the prosecution and guarded the plunder. It might well be hoped that the new Court of Appeals would be equally faithful.

A petition, therefore, for a supersedeas was prepared by Blair, who, grossly ignorant and incompetent as he is must have known that there was no error in the refusal of the Circuit Court of Mathews to reverse the decision of the Supreme Court of Appeals.

The offering of such a petition was an insult to the intelligence of the court, but still more to its sense of honor, for the implication was unmistakable. The simple meaning was a hope that the new judges would annul a decision of their predecessors, under which vested right had accrued, simply because it was rendered by men of different politics, in a case which, in some sense or aspect, might be treated as a political question.

The supersedeas was granted by Judge FAUNTLEROY, the only judge who ever, in Virginia, so far forgot what was due to his high station, as to go upon the hustings and make bitter partisan speeches in a heated political contest.

So far this design upon the honor of a tribunal, whose traditions are among the brightest of the glories which illumine the history of our State seemed successful.

But it was fated to come to naught. We are glad to congratulate the people of this Commonwealth, that some, at least of those traditions, have retained their vitality.

A decision different from that rendered on Thursday last would have been an infamy worthy of the most corrupt tribunal that ever existed. Any lawyer familiar with the record will endorse this language in all its strength. For the court which rose superior to this insult offered to its dignity, we have only words of commendation -- for the representative of the Commonwealth who offered it, we have only the measureless contempt to which he has indeed a thousand other titles.

Real Estate Transfers.

Infrastructure -- Commercial - Real estate

The following transfers of real estate were recorded in the Accomack County Court Clerk's office during the week ending Nov. 28th, 1883:

Josephine Whealton to Geo. K. Porter and Amy his wife, 3 acres on Chincoteague; $1000.

Margaret B. Finney to Francis M. Burch, Thos. W. Taylor, Oswald B. Finney and Edward R. Leatherbury, trustees, 1-2 acre in Onancock, for Protestant Episcopal Church; $1.00.

John W. Gillet, special commissioner, and James T. Hurst and Harriet A., his wife, to Thomas J. Fitzgerald, 6 acres near Hunting Creek; $380.

Wm. L. Evins and Sarah A., his wife, to Thos. Evins, 1-2 acre on Saxe's Island; $50.00.

John Booker to Leonard H. Ames and Samuel W. Ames, merchants and partners trading under the firm and style of L. H. Ames & Son; bill of sale of personal property.

John Crockett to Elliott Crockett, 1 acre on Tangier Island; $4.00.

Peninsula Enterprise
Accomac Court House
November 29, 1883