Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1869-12-14
Jefferson Circuit Court.

After session protracted through near five
weeks, the Circuit Court of Jefferson county
adjourned on friday last. The Martinsburg
Star makes the following reference to crse
that Immediately concerns our people =
Among the causes of most interest disposed
of during the last week was the injunction in
chanccry sued out by Crew and Howell, two
citizens of Charestown, against the Board
of Supervisors of Jefferson county, restrain>
ing that body from proceeding to make sale
of the old Jail lot and other county property
in that town, upon the ground that it was a
violation of the trust upon which that prop
erty had been originally conveyed by Gen.
Washington. The case was deliberately ar
gued by Judge Kennedy for the plaintiffs,
and by Mr.. Faulkner for the Board of Super
viSors. The court dissolved the injunction
and permits the sale to proceed.
We observe from the Register, that the
case of Wm. Engle vs.. Isaac Kidwilcr, occu-
pied nearly the whole of last weeks session.
This was n case that excited extraordinary
interest aud attracted large crowds to the
court house. The plaintiff charged the de-
PENDANT with having, through the instrument
tality of three negroes, fred and consumed
his crop of wheat, then standing in stacks, in
April, 1868. The defendant denied the
charge, and alleged that the plaintiff was
rebel sympathizer, and that his crop had been
burnt by detachment of federal cavalry,
scut from Harper's Ferry for that express
purpose. The testimony was conflicting, prob
ably beyond anything in Judicial precedent
The three negroes proved that they had burned
the wheat at the insligation Of the defendant
Other witnesses testified that the defendant
had admitted to them that he had caused Tie
wheat TO be burnt through the negroes. The
defendant introduced two federal soldiers who
proved that they constituted a portion of
detachment of twenty soldiers who were sent
from Harper's Ferry to burn the wheat, and
that they had burnt it according to the orders
given. Four other witnesses testified 1t was
burnt by federal soldiers. Hero the case
brauchcd out Indefinitely into attacks upon
the witnesses, who had testified as to the main
facts, presenting a mass Of impeaching and
conflicting evidence without precedent in
our courts The case was conducted on behalf
of the plaintiff by Van Swcarengen, Biack>
burn aud Faulkner on behalf of the de-
PENDANT by Ingles, Beltzhoovcr aud Stanton.
The jury found it impossible to reconcile such
a mass OF discordant testimony and reported
their inability to agree, and were discharged.
p. S. The Rcyisfc" of Saturday furnishes
the conclusion Of the above case, in manner
somewhat novel, We are sure, in this section
at least
The case of Engle VS.. Kidwler, on charge
Of burning stacks of wheat, reported last week
as pending, was terminated 10y consent Of par
ties, by Il maj 'ri;y verdict which was in favor
of the defendant, the jury standing, after
hanging for couple days, seven for dcfen-
Llut and i've for rlainttE. The verdict was
entered by Court as for defendant Motion
was made 10y plaintiff TO set aside verdict
which was over~ru!ed by Court, to which ex
coption vas taken. Van Swcaringen, Black
burn and Fauk for plaintiff; lnglcs, Bel'z
hoover and Staatnn for defendant.