The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1874-11-23

the morning session Of this Court, In sew.
eral cases heretofore submitted. The re.
suit was substantially as follows:
In the case Of y. W..Wharton u.s. The
Supervisors Of Ohio County, the court
held that disappointment Of a turnpike,
although member Of the Board and en-
trusted, by order, with funds 10 meet ex-
pendisures for authorized repairs, has no
authority as such TO submit to arbitration
claims against the county growing out Of
such repairs, The award sued upon was
set aside
In the appeal cases from the Municipal
Court, on tho police side, 1t was decided
that the act creating the Municipal Court
provides for appeals from its judgments,
when exercising police Jurisdiction, to the
Circuit Court. In the appellate court q
case appealed Is TO be tried as upon in.
dictment and presentment, and conse.
quenLly trial will be had before o Jury
Of twelve. This being the case, the con-
stitutional right 10 trial by jury in cases
oil crimes and misdemeanors Ia not vio-
lated or impaired. And even II no sp.
peal was provided for, such ordinances Of
the city as create offences not included in
the public criminal statutes, but which
are intended to promote the peace, health
and safety Of the city, under the police
authority Of the Council, might well be
enforced by summary proceedings before
the proper city official. Such ofEenses are
not within the meaning of the Bill OIL
Rights.
In the case Of s. W. Wharton Is. the
Board Of Education Of Richland township
the evidence for and against the award
which, on the law side, had been entered
up as the judgment ol'the court, was re-
viewed and the conclusion reached thai
the award should BIO set aside as invalid
and imperative.
In the matter OF the appointment OF @
committee for inc. Thornburg,upon appeal
from the County Court,it was held that the
County Court at the date Of It's order ap-
pointing the committee were clothed with
authority to make the order; that the fail
ure to issue q summons at the institution
Of the proceeding was waived by the ap.
pearance Of the party in person and BY
counsel, and that objections to the peti
ton came too late after o hearing upon the
merits in the court below. The evidence
not having been certified 1t ia impossible
to decide that the court erred upon the
merits. Judgment affirmed.
Mary Garrison rI. John G. Brinton
This case was tried at o former term, and
$4,000 awarded to the plaintiff by The
Jury. A motion for new trial was made
by the defendant, alleging several errors
in the ruling of the court, and that the
verdict was. excessive. In passing upon
the motion the court held that the dec
laration might properly be considered, in
form, q declaration for seduction, or lol
loss Of service; that the statute Of limita,
tons pleaded by defendant was bar to
any recovery for seduction, but otherwise
as to the loss Of service, and that il
clearly appeared that the jury in esti-
mating damages took into consideration
more than the mere loss Of service, being
misled, probably, by the claim Of counsel
that damages for seduction were recovera
BILE, or by the intimstion oil the court thai
exemplary damages could be given fol
loss Of service. The verdict, it was ruled
must be set aside as excessive, unless
the plaintiff released s. 600 OF the amount
Time was given TO decide as TO its re.
lease.
In. the case Of Samuel Hedges rs. ]. Z
Stallmsn & Co., the demurrer to the dc
claration was overruled and the causC
continued.
In the case Of Roll VS. Beuter Bros, TIT
verdict Of the jury was set aside and 6
new trial awarded, on motion oil plaintiff
and on payment OF costs.
Mary Ann Hargraves was appointed
Administrative Of the estate OF John L
Hargraves. Bond $1,000.
Adjourned 10 meet at 0 o'clock thi
morning, when the. liquor cases will b.
called; also the case Of Edward Reid us
Crozier & Co:
Municipal! Court-Judgo Cranmer. .Thi!
court met atl the usual hour Saturday
morning, but was only in session shor
time.
The case of the city ,of Wheeling rS
Shallcroas was continued until day, or
account Of the absence of witnesses.
The bond OF John o. Pendleton, as re.
ceiver IN the case 'of G. L. Zane o.
Theodore Fink, was increased to $1,000
Adjourned to meet this morning at II
o'clock.
Police C0ur.-Iudge Cranmer. At the
morning session Of the police court Thos.
Pyles appeared to answer o charge Of be
ing very disorderly and threatening to Dc
his wife personal injury. He was finet
SEQ and costs, and was sent up for thirty
days In default Of the ducats.
Jack Zimmerman and Mary WEIGH
drunken Migrants, were sent TO Jail fol
thirty days each.
In the afternoon there was trouble
among the Italians. The young person
who roasts peanuts at the corner OF It'll
and Market streets was fined IS and cost.
for assaultiDg Louis Britt. Then A. Cos
tello, Louis Logonorissimo and Charlie:
Logomorissimo, eminent peanut mer-
chants, were fined S. and costs each iol
selling their merchandise without frs,
having obtained tho necessary license.
PERsoNAI.-George F.Waite, oil Wash
ington, has been appointed postal agent
between Baltimore and Grafton.