The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1874-11-30

Auh NOuhEs,-UtTCuW GVuV-JuuRe
Melvin, Court met at the usual hour,
when opinions were delivered as follows :
John Reid uJ. Crozier s. Co. Crozler
& Co. sued Reid In Ohio, having OBJ
tanned personal service. Reid filed cross
answer, alleging payments on plaintiffs
account Of goods sold. At tho hearing
Reid was permitted, as appears from the
record, TO withdraw the cross petition and
claims Of defense without prejudice 10 q
new action, and judgment was awarded
Crozler s. Co. for the full amount sued
upon. This suit being brought TO recover
the amount oil such payment, It was held
that the Ohio judgment Is no bar.
Alfred L, smith o. Joseph Fleming.
The evidence In the cause was held not
TO warrant the Court in deciding that the
deed Of conveyance, absolute on lis face,
OF George W. Smith and vile 10 Fleming,
Of April, 1860, for Wheeling Brewery, Is
In fact a mortgage and not what II pur-
ports 10 be. The bill was dismissed.
State pS. Daub. Indictment for selling
intoxicating drinks behind screens and
frosted windows. Held that there Is no
conflict between the act Of 1872 8, making
1t an offence TO sell liquor behind screens
and frosted windows, and section 80, Of
the Charter Of Wheeling, providing that
the city shall have the authority TO regu-
late the manner which coffee houses shall
be kept. The authority 80 vested in the
Council Is not exclusive. They may make
oil rules and regulations deemed necessa-
ry or advisable, In view Of the peace,
good order and welfare Of the citizens,
and this, whether the general law con-
tains provisions Of similar character
on the. came subject, or Is silent 10 re.
gard thereto; but the State In con.
ferring this power did not intend to
divest itself o! all authority over the
same subject matter. Both laws may
stand together. There is, however, q
technical objection TO the frame Of the
indictment. The first three counts ore
for selling behind screens, etc, and are
good. The fourth Is under another sec.
ton, which provides, substantially, that
all places where liquor Is sold in viola
ton Of law, shall b. deemed public nuts.
ances and may be abated as such. The
evidence and the punishment differ wide.
ly in these offences, and both should not
DO prosecuted together. The attorney
for the State was directed TO elect as 10
which Of the counts no would proceed
upon, and thereupon he entered o nolle
pros as 10 the fourth, electing to proceed
under section three for selling behind
screens and frosted winGO~e.
In the case Of the State Is. Carmsn, for
unlawiully taking child from the Gus
tody Of her parents, in which trial and
disagreement Of the jury took place on a
former day oil the term, tho attorney for
the State, with leave oil the Court, entered
noIh pros, and the prisoner was dis
charged.
Adjourned until this morning at 0
o'clock.
Xunicipa! COurt-Judge Cranmer.
Saturdays session Of the Municipal Court
was entirely taken up with the argument
in the case of A. g. Smith 6 Co. pS. E. II.
Barnes, which was submitted and taken
under Amusement
Adjourned until 10 o'clock this morn
ing.
Poles Court Judge Cranmer. There
were four cases before the police court on
Saturday morning, viz:
VIM. K. Rogers, drunkenness, S. and
costs.
George Francis, disorderly conduct,
discharged upon payment Of the costs.
Charles Stein and Charles Rust Were
charged with fighting in Centre Wheeling
on Thanksgiving Day. Rust was fined $40
and costs, and Stein was dismissed upon
paying the expenses OIL his arrest.
In the afternoon only one case was ex.
amined. Charles Sellers was fined $40
and costs for selling peanuts without
license.