Just Plain John Wayne
02-28-2007, 05:38 AM
After I was sworn in I was asked to state my name and occupation.
Now because of the name my parents had given me I have been the brunt of many jokes and innuendoes, all my life.
The prosecuting attorney made one of these remarks, and I answered him in an arrogant way, “My name is John Wayne, if you ask me again, I will tell you the same…
Sir he said, where do you live?
I live at 102 86th street Ocean, Marathon Florida.
And how long have you lived there? He said.
I have lived there for about the last five years.
Are you a registered voter in the State of Florida?
Yes sir I am, Republican, as a matter of fact.
A Republican?, Can I ask you why a republican?
Cuz my Dad is a Democrat, and he and I often don’t agree on politics.
Hot shot said, Your Honor, this line of questioning is not revelant to this case….
Mr. Wayne what is your occupation.
I am an Open Ocean Commercial Fisherman.
And how long have you worked at this occupation Mr. Wayne?
Sir, part time all thru my school years and full time for the last 5 years.
Mr. Wayne did you finish High School?
No sir, I did not, but I did finish primary school.
Mr. Wayne, do you understand why you are in this courthouse today?
Of course I do, the Florida State Legislature passed a law that is ridiculous, just like you told my lawyer outside in the hall, and I am the guinea pig, in finding out if it will hold water, or not.
He coughed on that one, but went on.
So you can read and write?
Yes sir, and even on a fishing trip settlement sheet, nobody can screw me out of my money either.
Mr. Wayne, were those bags of Lobster tails and Stone Crab claws brought in here as evidence removed from your vessel, by the Florida Marine Patrol?
Yes sir, I know they are mine, by the way the bags were tied, and marked.
So you were engaged in fishing operations when the Florida Marine Patrol boarded you?
Yes sir I was.
And being a registered voting, citizen of the State of Florida, you were fully aware you were breaking Florida law at this time, isn’t that true?
Now I did not like this question, my Dad had told me this son of a bitch might try to put words in my mouth, or ask me questions in a manner I did not want to answer.
He told me that if I did not want to answer a question put to me in a certain manner, to play stupid and not understand the question till it was rephrased in the manner I could answer to.
Son, aint no law about being stupid and not understanding a question.
Sir, I told the prosecuting attorney, I don’t understand what you are trying to ask me.
Mr. Wayne, did you know you were breaking a Florida law, and still under Florida jurisdiction?
Sir, I broke no laws in pursuing my livelihood, I am a US citizen, and a RESIDENT, of the State of Florida, when I leave the state of Florida for Georgia, New York, or International Waters, Florida has no say at all in what I do there, and furthermore,
I am master of a federally documented Vessel, meaning in time of war the vessel is subject to military draft, and in international waters subject only to federal law, answering to the US Coast Guard and the United States Navy, period!
So you admit sir, that you are a resident of the state of Florida, and therefore under the jurisdiction of its laws?
Yes sir, I am a resident of Florida, and subject to its laws when I am within Florida’s jurisdiction.
So on this fishing trip, even though you were in International Waters you were still in fact under Florida’s jurisdiction?
No sir I was not, Florida’s new law plainly says, if a vessel disembarks a Florida port, no matter where in the world I might go, I am still under Florida’s jurisdiction, Now sir, I ask you, Sir, do you have any evidence proving this to be the case?
No further questions, your Honor.
Now comes “Hot Shot” in his questioning of me.
Mr. Wayne, handing me a receipt, what is this paper?
I looked at it and replied, This is a receipt from the GULF fuel dock in Pascagoula Mississippi for 6000 gallons of Diesel fuel for my boat the “Little Joe”.
Sir it bears your signature, when did you purchase this fuel?
About 8 days before the Florida Marine Patrol boarded my vessel.
It was passed around to the jury.
Mr. Wayne, I have another receipt here, dated the next day that bears your signature, sir what is it?
I replied, looking at it, this is the grocery receipt from the local “Red and White” store in Pascagoula Mississippi for my boat.
Sir how many men are on your boat for a trip?
Four of us sir.
Is the crew of your boat in this courthouse now?
Yes sir they are.
Why is the bill so high, I mean, $1,100 for four men, that, is a lot of food, is it not?
This is for a 30-day trip, and it includes our cigarettes and a few cases of beer, we do eat like Kings while at sea.
Mr. Wayne, why do you save these receipts?
Sir, we use these for Federal income tax proposes.
Mr. Wayne, these receipts would not be falsified would they?
No sir, they are genuine.
Mr. Wayne, when you disembarked Pascagoula, that is to say, left the port, did you, at any time enter the waters of the State of Florida?
No sir, I did not.
So you were on the high seas, in International Waters, doing what you had been trained to do by your father, when the Florida Marine Patrol, left their jurisdiction, and boarded you?
Yes that is true sir.
And they also took from you, armed, and under threat of force, this evidence placed before the court? (The bags of Lobsters and Stone Crab claws)
Yes sir that is correct.
Will your crew attest to this?
Sir, they were there, and a part of the whole thing.
No further questions your Honor.
Closing arguments to the jury……
The prosecuting attorney….
Ladies and gentlemen of the jury,
This man, the defendant in this case, did knowingly and willfully break the laws of this State.
He is hiding behind a technicality of touching bases of another state, to carry on an illegal operation in the State of Florida.
I have shown you the evidence, and in his own words, he admits to being a resident of the State of Florida, and subject to it’s jurisdiction.
Therefore, I ask you, after seeing and hearing the facts in this case, to find the defendant, guilty, as charged, on all five counts of Florida Fishing Violations.
The prosecution puts its case in your hands.
Now comes “Hot Shot” again
Ladies, and Gentlemen of the jury, this prosecuting attorney, would have you believe that this young man is a criminal and wantonly breaks the laws of this State.
This is not true, he has never been in trouble with the law in his life.
The State of Florida has not put forth in this case, one shred of evidence that this man has broken any laws of the state of Florida now or before.
Now let me say to you, being a fellow resident of the State of Florida, just how I see this case.
This young man was pursuing a legal, honorable, occupation, licensed and registered, in the State of Mississippi.
His presence in International Waters has been proved.
It is also clear from the testimony of Officer Long that Florida’s jurisdiction ends at 9 miles from land on the Gulf of Mexico side, and by his own admission boarded the defendant’s vessel in International Waters, outside of Florida’s jurisdiction, at 14 miles from land.
The Florida Marine Patrol acting on orders from a superior Officer, who is in this court room today, then, attempted to seize the vessel, by demanding of the defendant to take the boat to a dock in Florida.
When the defendant refused this demand, the Florida Marine Patrol, then committed an act of piracy in International waters, by looting legitimate seafood product’s from this US Citizen’s vessel and family business, abandoning them there, drifting on the Gulf of Mexico without an anchor.
Ladies and Gentlemen of the jury, perhaps my words sound a bit strong, but as you have seen and heard the arguments in this case, I think a Not Guilty verdict is the only justice in this case.
The defense rests your Honor.
The judge then gave the jury instructions and they went out to deliberate my case.
We all went out into the hall to await the jury, Hot Shot, told us the longer the jury was out deliberating our case, he thought it better for our side.
Some 45 minutes later, we were all called back into the courtroom.
The bailiff, called all rise, and all that stuff, like the Honorable Judge of the State of Florida, Bla, bla, bla….this court is now in session.
The Judge addressed the jury, Ladies and Gentlemen of the jury, have you reached a unanimous decision in this case of the State of Florida vs. Mr. John Wayne?
Yes Sir, we have, said the jury foreman!
May I have it please, replied the Judge.
The bailiff went and took a paper from the foreman, and gave it to the Judge.
The Judge then said, in my court, I am the Bad guy and the good guy, I ask of my juries a written note so that there are no hard feelings of putting any of them on the spot in their decisions.
Will the defendant rise and face this court.
Hot Shot prodded me to stand along with him before the Judge.
Sir, you have been found innocent of all charges that the State of Florida have brought against you, you are free to go now!
I did not know what to do at this point, so Hot Shot nudged me and said, go shake everyone’s hand on the Jury, which I did.
Now dear ‘ole Dad, spoke up with his hand in the air, Your Honor, and got the Judges attention, can I have my product back?
At this the Florida Marine Patrol supervisor raised his hand and said, Your Honor, these men have no permits for this product in the State of Florida, it is illegal.
All was quiet again, when the Judge replied, sir, these men did not bring this product into the State of Florida, YOU did.
Well, said the Florida Marine Patrol supervisor, obviously embarrassed, we will give them 24 hours to get this product out of the State of Florida.
The Judge then looked at me and said, Mr.Wayne, you have 72 hours to remove this product from the State of Florida….. and brought that Gavel down.
Court dismissed.
There is an epilog here and I will put it…..in the future, I will tell what we were really doing there….
And about Hot Shot... he made national noterity later in life
Now because of the name my parents had given me I have been the brunt of many jokes and innuendoes, all my life.
The prosecuting attorney made one of these remarks, and I answered him in an arrogant way, “My name is John Wayne, if you ask me again, I will tell you the same…
Sir he said, where do you live?
I live at 102 86th street Ocean, Marathon Florida.
And how long have you lived there? He said.
I have lived there for about the last five years.
Are you a registered voter in the State of Florida?
Yes sir I am, Republican, as a matter of fact.
A Republican?, Can I ask you why a republican?
Cuz my Dad is a Democrat, and he and I often don’t agree on politics.
Hot shot said, Your Honor, this line of questioning is not revelant to this case….
Mr. Wayne what is your occupation.
I am an Open Ocean Commercial Fisherman.
And how long have you worked at this occupation Mr. Wayne?
Sir, part time all thru my school years and full time for the last 5 years.
Mr. Wayne did you finish High School?
No sir, I did not, but I did finish primary school.
Mr. Wayne, do you understand why you are in this courthouse today?
Of course I do, the Florida State Legislature passed a law that is ridiculous, just like you told my lawyer outside in the hall, and I am the guinea pig, in finding out if it will hold water, or not.
He coughed on that one, but went on.
So you can read and write?
Yes sir, and even on a fishing trip settlement sheet, nobody can screw me out of my money either.
Mr. Wayne, were those bags of Lobster tails and Stone Crab claws brought in here as evidence removed from your vessel, by the Florida Marine Patrol?
Yes sir, I know they are mine, by the way the bags were tied, and marked.
So you were engaged in fishing operations when the Florida Marine Patrol boarded you?
Yes sir I was.
And being a registered voting, citizen of the State of Florida, you were fully aware you were breaking Florida law at this time, isn’t that true?
Now I did not like this question, my Dad had told me this son of a bitch might try to put words in my mouth, or ask me questions in a manner I did not want to answer.
He told me that if I did not want to answer a question put to me in a certain manner, to play stupid and not understand the question till it was rephrased in the manner I could answer to.
Son, aint no law about being stupid and not understanding a question.
Sir, I told the prosecuting attorney, I don’t understand what you are trying to ask me.
Mr. Wayne, did you know you were breaking a Florida law, and still under Florida jurisdiction?
Sir, I broke no laws in pursuing my livelihood, I am a US citizen, and a RESIDENT, of the State of Florida, when I leave the state of Florida for Georgia, New York, or International Waters, Florida has no say at all in what I do there, and furthermore,
I am master of a federally documented Vessel, meaning in time of war the vessel is subject to military draft, and in international waters subject only to federal law, answering to the US Coast Guard and the United States Navy, period!
So you admit sir, that you are a resident of the state of Florida, and therefore under the jurisdiction of its laws?
Yes sir, I am a resident of Florida, and subject to its laws when I am within Florida’s jurisdiction.
So on this fishing trip, even though you were in International Waters you were still in fact under Florida’s jurisdiction?
No sir I was not, Florida’s new law plainly says, if a vessel disembarks a Florida port, no matter where in the world I might go, I am still under Florida’s jurisdiction, Now sir, I ask you, Sir, do you have any evidence proving this to be the case?
No further questions, your Honor.
Now comes “Hot Shot” in his questioning of me.
Mr. Wayne, handing me a receipt, what is this paper?
I looked at it and replied, This is a receipt from the GULF fuel dock in Pascagoula Mississippi for 6000 gallons of Diesel fuel for my boat the “Little Joe”.
Sir it bears your signature, when did you purchase this fuel?
About 8 days before the Florida Marine Patrol boarded my vessel.
It was passed around to the jury.
Mr. Wayne, I have another receipt here, dated the next day that bears your signature, sir what is it?
I replied, looking at it, this is the grocery receipt from the local “Red and White” store in Pascagoula Mississippi for my boat.
Sir how many men are on your boat for a trip?
Four of us sir.
Is the crew of your boat in this courthouse now?
Yes sir they are.
Why is the bill so high, I mean, $1,100 for four men, that, is a lot of food, is it not?
This is for a 30-day trip, and it includes our cigarettes and a few cases of beer, we do eat like Kings while at sea.
Mr. Wayne, why do you save these receipts?
Sir, we use these for Federal income tax proposes.
Mr. Wayne, these receipts would not be falsified would they?
No sir, they are genuine.
Mr. Wayne, when you disembarked Pascagoula, that is to say, left the port, did you, at any time enter the waters of the State of Florida?
No sir, I did not.
So you were on the high seas, in International Waters, doing what you had been trained to do by your father, when the Florida Marine Patrol, left their jurisdiction, and boarded you?
Yes that is true sir.
And they also took from you, armed, and under threat of force, this evidence placed before the court? (The bags of Lobsters and Stone Crab claws)
Yes sir that is correct.
Will your crew attest to this?
Sir, they were there, and a part of the whole thing.
No further questions your Honor.
Closing arguments to the jury……
The prosecuting attorney….
Ladies and gentlemen of the jury,
This man, the defendant in this case, did knowingly and willfully break the laws of this State.
He is hiding behind a technicality of touching bases of another state, to carry on an illegal operation in the State of Florida.
I have shown you the evidence, and in his own words, he admits to being a resident of the State of Florida, and subject to it’s jurisdiction.
Therefore, I ask you, after seeing and hearing the facts in this case, to find the defendant, guilty, as charged, on all five counts of Florida Fishing Violations.
The prosecution puts its case in your hands.
Now comes “Hot Shot” again
Ladies, and Gentlemen of the jury, this prosecuting attorney, would have you believe that this young man is a criminal and wantonly breaks the laws of this State.
This is not true, he has never been in trouble with the law in his life.
The State of Florida has not put forth in this case, one shred of evidence that this man has broken any laws of the state of Florida now or before.
Now let me say to you, being a fellow resident of the State of Florida, just how I see this case.
This young man was pursuing a legal, honorable, occupation, licensed and registered, in the State of Mississippi.
His presence in International Waters has been proved.
It is also clear from the testimony of Officer Long that Florida’s jurisdiction ends at 9 miles from land on the Gulf of Mexico side, and by his own admission boarded the defendant’s vessel in International Waters, outside of Florida’s jurisdiction, at 14 miles from land.
The Florida Marine Patrol acting on orders from a superior Officer, who is in this court room today, then, attempted to seize the vessel, by demanding of the defendant to take the boat to a dock in Florida.
When the defendant refused this demand, the Florida Marine Patrol, then committed an act of piracy in International waters, by looting legitimate seafood product’s from this US Citizen’s vessel and family business, abandoning them there, drifting on the Gulf of Mexico without an anchor.
Ladies and Gentlemen of the jury, perhaps my words sound a bit strong, but as you have seen and heard the arguments in this case, I think a Not Guilty verdict is the only justice in this case.
The defense rests your Honor.
The judge then gave the jury instructions and they went out to deliberate my case.
We all went out into the hall to await the jury, Hot Shot, told us the longer the jury was out deliberating our case, he thought it better for our side.
Some 45 minutes later, we were all called back into the courtroom.
The bailiff, called all rise, and all that stuff, like the Honorable Judge of the State of Florida, Bla, bla, bla….this court is now in session.
The Judge addressed the jury, Ladies and Gentlemen of the jury, have you reached a unanimous decision in this case of the State of Florida vs. Mr. John Wayne?
Yes Sir, we have, said the jury foreman!
May I have it please, replied the Judge.
The bailiff went and took a paper from the foreman, and gave it to the Judge.
The Judge then said, in my court, I am the Bad guy and the good guy, I ask of my juries a written note so that there are no hard feelings of putting any of them on the spot in their decisions.
Will the defendant rise and face this court.
Hot Shot prodded me to stand along with him before the Judge.
Sir, you have been found innocent of all charges that the State of Florida have brought against you, you are free to go now!
I did not know what to do at this point, so Hot Shot nudged me and said, go shake everyone’s hand on the Jury, which I did.
Now dear ‘ole Dad, spoke up with his hand in the air, Your Honor, and got the Judges attention, can I have my product back?
At this the Florida Marine Patrol supervisor raised his hand and said, Your Honor, these men have no permits for this product in the State of Florida, it is illegal.
All was quiet again, when the Judge replied, sir, these men did not bring this product into the State of Florida, YOU did.
Well, said the Florida Marine Patrol supervisor, obviously embarrassed, we will give them 24 hours to get this product out of the State of Florida.
The Judge then looked at me and said, Mr.Wayne, you have 72 hours to remove this product from the State of Florida….. and brought that Gavel down.
Court dismissed.
There is an epilog here and I will put it…..in the future, I will tell what we were really doing there….
And about Hot Shot... he made national noterity later in life