Salt Lake Times | 1890-07-08 | Page 7 | A Smelt Case in a Supreme Court

A Smelt C in Saprem Court. The Qnincy smelt cane, which has been before the superior criminal conrt in Ded ham, has now assumtsl a new asjiect. Tlie defendants are (Hrj;e II. Thnrter Charlea L. Prestutt and Sawnel Gregory, Greg-ory, who were complained of before the conrt at Quincy two yeara ago, chargra with takinjir l.fXH) nuelu by seine or net. The law provide that em-h person engaged en-gaged slmll forfeit $1 each for smelts so tiiken. The defemiauta were actini; together to-gether in taking the wnelts. and Judga Humphrey, of the district conrt at Qaiu-cy, Qaiu-cy, found them guilty and fined each fl3u. The defendants appealed, and at a jury j trial in Ded ham the difeudanta were found gnilty of taking 8o0 fsmelis. The defendante, through their counl, John L. Eldridge, have appeared before Judge Aldrich in the superior court at Dedham, and moved an an-est of judgment judg-ment upon the ground that thedefnl-ants thedefnl-ants were originally each found guilty of talcing by seine 830 smelts, and no more; that said judgment substantially acquitted them severally aud jointly of taking the remainder of the 1,000 smelts, aa alleged; that the verdict of the jury finding that the defendants took 850 smelts was, therefore, inconsistent; that the defendants had been put in jeopardy twice for the same act, and that there could be no judgment in the record, all of the facts relied npon appearing in record. Lawyer Eldridge's motion, which lawyers think a good one, has been overruled over-ruled by Judge Aldrich, and now the case will bo sent to the snpreie 9 court-Boston court-Boston burald.