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SEAN KILPATRICK
Rappahannock N'eaj ( ontnbutmg Writer
Last December a rabbit hunt near Masste's Corner turned ugly. When the shouting stopped an agrieved landowner had charged two hunters with trespass and the hunters had counter-charged the landowner with brandishing a trearm.
On Tuesday J. J. Dwyer, the landowner, and Walter R. Sims. Senior and Junior of Mechanicsville, the hunters, appeared before Judge Charles Holes. The judge agreed to hear the testimony one time and apply it to both sets of warrants.
As a result. Peter I uke. the Commonwealth's Attorney, was caught m the middle, hav ing to consider Mr. Dwyer a witness for the prosecution and simultaneously a defendent in a criminal case.
After listening to Mr. Dwyer, his neighbors Wayne Blosser and Bryant I ee. and. Deputy Connie Compton, Judge Foley heard from the attorneys on the hidden meanings of the Virginia statute regarding trespass and the proper method of posting property.
Ruling that Mr. Dwyer had failed to properly post his land. Judge Foley dismissed the trespassing charges against Mr. Sims Sr. and Mr. Sims Jr. Then he immediately dismissed the counter charge of brandishing a firearm levied against Mr. Dwyer without hearing arguments from the attorneys
As best as can be determined from the testimony, this is what happened on Saturday. Dec. I7. 1994:
Mr. Sims and his son, Walter Sims Jr., came up to Mr. I ee's property with some dogs to go rabbit hunting. They were trying out some new dogs, including one they were considering buy ing for S700.
The two men had hunted on Mr. Lee's land in years past. Mr. Lee was asked if he had pointed out to these hunters his boundary lines and where Mr. Dwyer's property was. "I normally tell everybody (who hunts on my property) about Mr. Dwyer . . . to stay
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