Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1866-06-19

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This was an action of trespass to recover
from the defendant some $500 for the value
of furniture alleged to have been torcibly la
ken by him from plaintiff in October, 1861.
The testimony, on part of plaintiff, showed
that he abandoned his home in Bolivar and
fad Northward from. fear of the terrible
Johnnies; that he left an old negro woman to
defend his property in his absence that some
time in October, 1861, his furniture was
made to vamose the rancho.
Three witnesses were introduced to prove
that this furniture was taken by Capt. Bay.
4or, and squad Of his men, and carried off
in two wagons. These witnesses all swore
that they recognized Capt. Baylor, that he
Wore SLOUGH hat, and gum cloth overcoat;
that it was rainipgHery hard that they could
not tell what colored horse Baylor rode, nor
could they tell who were the men with him,
how they were dressed or what sort of horses
they rode, or anything about them except
that they were ''Baylor's men" One of
them swore he knew Capt Baylor, but he
was not near enough to him to hear what he
said, but that he could see that he was talk
ing to the men. Another saw the furniture
going in one wagon up lane; she heard that
there was another wagon, but did not see it
she heard that it was Capt. Baylor and ''his
men" who took the furniture, but she did
not see him do it. The third witness swore
that she lived within twenty-five yards of the
house that she saw "Capt Baylor and his
men" take the furniture off in two wagons;
that she knew Capt. Baylor 'mighty WE'LL"
and was positively certain that he was the
robber, and this she repeated so often and
with such emphasis, that Kellar's leading
counsel ventured to ask her to point ont the
Captain, whereupon she instantly pointed to
a gentleman of this town-one Of the dis
franchised lawyers, and said that was Capt
Baylor, to the amusement of her auditory and
the CONSERVATION of Kellar, and his counsel
She stuck to this-rePeating it several times;
and this while Baylor was sitting across a ia
bic from and Immediately opposite her.
This was the case of the plaintiff The de-
PENDANT proved that Gen. Ashby was in COM
mand at Bolivar at the time, and that he, Bay
Tor, was stationed at Charlestown; that he
never at any time during the war wore
slouched hat, but always glazed cap; that
at that time he had no gum cloth overcoat
and that the lawyer from Charlestown was
not him, and that he was not at Bolivar from
June, 1861, till September, 1862. The coun-
sci for the plaintiff, Andrews, Berry and Joe
Chapline, were proceeding to argue the case,
when Stanton, Faulkner and Kennedy, coun~
sci for Baylor, proposed to submit without
argument, to which the other side somewhat
reluctantly assented. The jury retired and
IN about an hour returned into court with
verdict against Baylor, for $3.50, with in>
terest since October, 1861
1t is apparent to us that politics was the
ruling point in the case that no ':rebel,' no
matter how strong his case, has any chance
OF succeeding against radical, no matter
how weak his case, before jury of radicals,
the only sort of men the laws of West Vir>
ginia seem to think fit to actas jurors, Pol
itics and Joe. Chapline rule the day, but even
Joe. may blow his horn and cannot win if the
political elephant stands against him but the
two together are invincible.
When the Elephant alks around,
And the h orns bCai IL to blow
The iScbs ne ar t hat Radical shop
mad better "glt and CO."