The Weston Democrat. [volume] (Weston, W. Va.) 1875-current, 1878-03-16
The Nicholas County Prosecution.

in the triumphant acquittal Of tho ac-
cuscd. An important case 10 drovers.
On or about the 10th day Of July
1877, our townsman, DR.. Sommervillo,
who was on bis regular tour in Nicko'
las county as a drummer for William
G Bansumcr, & Co.'S wholesale grocery
in Baltimore, and Mr.. Bartlett, Of
Barbour county, who was then at the
same locality as sheep drover, made
an arrangement to drive some stock
together from that section Of the couu.
t7y to the vincinity Of the Baltimore 4
Ohio railroad in Barbour and Harrison
county. The stock consisted Of 257
sheep. 5 head Of horses and number
Of cattle. The sheep werc put in
charge Of Eve as trusty young men as
could be found 10 Nicholas County.
The cattle we're taken charge Of by Mr..
Bartlett, and tho horses by Dr.. Som
merville, who started considerable
time after the drivers moved the sheep,
aud did not oyertake them for several
miles drive. The sheep were divided
into three sections. after tho drivers re-
ceiyed charges Of the stIictest charac-
ter, TO keep cut all stray sheep run
ming in the commons or elsewhere.
They were moved in the advance. Mr..
Bartlett then followed with the cattle,
some time after which DR.. Sommcryille
started with the horses as before stated
Another circumstance connected with
this case seems 10 be, at Mr.. McQucen's,
at the foot Of Powelrs Mountain,
whence tho stock were gathered,
Ill sold Dr.. Sommeryille by said
Mcqueen had just been marked OF
stained. and werc ordered to be driven
into the baru.lot by Dr.. .SOmmervillc,
and the others driven into pen and
marked. This me. with warm op.
position from Mr.. Bartlett, as, he said,
the sheep could be driven over to
Birch and marked there; that it was
getting too late to finish marking; and
that he was not going to remaiu on.
other night on expense; could as we'll
drive to Birch and stain there. and
save the expense and be one day further
on the road home, which was finally
accorded to by Dr.. Sommsrville. and
everything moved as before stated.
On the top Of POwc!l's Mountain the
sheep came III contact with flock Of
stray sheep on the common and
mixed up with them bu. the hands
separated them to tho best Of their
Judgment. and went on to Birch where
they were counted in. few missing.
The paint was procured and the resi-
due Of the sheep marked, the next day
they were driven to j. Skidmores iu
BraxtOu county, when Mr.. Atwood
appearing claimed q Of tho sheep.
The prOprielors' ordered a pen built,
the sheep driven in, and said Atwood
was requested to poia. out his sheep,
which be did to the number Of 81, iu
doing so he pointed out number Of
sheep Of different marks. not less than
Eve sold to DR.. s., BY Mcqueen and
three bought Of one Austin Williams
and one other, claimed number mere
by their countonances. features and
voices, as he expressed himself. but
which when closely examined could
not be sustained BY the marks. A
warm contention arose about the rights
Of property in the sheep, Atwood
threatening to bring suit, which was
finally settled by Atwood agreeing to
receive tue sheep, in the capacity Of
trustee for himself and Dr.. s., and
Mr.. b., and tuke them back home and
take care of them till Mr.. Bartlett and
Somcrvillo returned to Nicholas county,
whsn the rights Of property would be
settled between the parties without liti-
CATION; said Atwood tried to 6rst
scare then offered 10 sell and compro-
misc the matter first at 5000 then
$3.50 then $1oo and lastly down to
$50, but to no purpose, other than the
one before stated. The sheep now be.
ing ordered to move arc counted, and
missing II head, they are then driven
to Craven Berrys then to G. Williams
in Bsuxton County, thence to Isaac
ROhrbough'u in Lewis cOunty,' and
each counting subsequent thereto, the
last Of which was made by Mr.. N. G.
RohrbOugh. they are found to bc short
tho II head showing that if my one
elsc's sheep got into the drove theirs