Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1880-06-05
A NOVEL SWINDLE.

BALTIMORE, May Zl.-ln Coinneut
occasioued IN legal and judicial circles
in this State by the operations OF DIR,
Holison Wagner, in the Circuit Court
of Frederick county, broughtthous-
ands of suits against strangers without
cause, and who was afterward indicted
and acquitted of barratry on technical
grounds, has revived by the operations
of the lawyer in question assuming anew
aud decidedly novel aspect. Several
years ago Dr. Wagner brought between
one and two thousand suits against
different parties, in amounts ranging
from 900 to 9S, when in fact he had no
bona fde case of action; just keeping
within the jurisdiction of Justice OF
the Peace. These persons, supposlng
Wagner 10 be iaboring under some de-
lusion, paid no attention to the sum-
mones, and judgment went against
them by default. The time in which an
appeal could be taken being exhausted,
DR.. Wagner declared his intention of
having leyies made under his judgments.
This aroused the defendants, and they
had him indicted for barraty, upon which
charge he was tried and acquitted.
With the dismissal of the charge, up
on what was accepted by all as purely
technical grounds it was supposed that
Wagner would quietly drop out OF sight
aud that nothing further would be heard
from him and his suits. Yesterday how
ever, to the great astonishment of the
entire legal fraternity ofFrederick coun-
ty, DR.. Wagner went into the Orphans $
Court, Judges Lowe, Castle aud Nico-
demus, and asked to have passed l2S
judgments of sos each, with costs, against
the estate of the late VIM. Shank. 1t
seems that Mr.. Shank was one OF the
first against whom Wagner instituted
suits. He never had any cause VI
action against Mr.. Shank, and Mr. Shank
never took the trouble to contest the
proceedings, supposing Wagner to be
demented. AS aconsequence judgment
for S9S was obtained in each OF the l2S
suits. Wagner waited until the time
allowed for an appeal had expired, and
then began to press for the money. AT
this iuncture the defendants in all the
suits instituted the barratry proceed
ings against him, resulting in Wagner
pausing III his work of extortion until
his dismissal last Saturday. Meanwhile
Mr. Shank had died, and as the case
now stands The Judgments are items on
his estate, with all the attendant costs,
aggregating over $4,000.
Wagner yesterday, on filing hisjudg
ments, presented the necessary ailida-
Wits from the court clerk that said judg-
ments were on the court dockets, and
had never been satisfied. He also, in
the most formal and matter of fact man
ner: rendered his own affidavit that he
had never been paid the amounts OF the
judgments After long consultation
between the Judges, the result of which
was waited for with some excitement by
the spectators, the court decided that,
in spite OF the well known fact that
Wagner had no shadow of claim upon
Mr.. Shank, the failure of the latter TO
contest the suits or take appeals render
ed the judgments valid on their face,
and they must therefore stand. Under
the law they could not therefore do any
thing except order the judgments 10 be
filed among the claims against the es-
tate. Immediately after hearing the
decision Wagner presented the volumi-
nous records and lett the court with an
air of conscious satisfaction.
The affair has caused widespread in
diguation throughout Frederick county
and the peculiar features of the case
have attracted the interest OF the entire
legal fraternity of this city. Several
leading lawyers have volunteered to con
test the validity Of the judgments on be-
half OF the family of Mr.. Shank, who will
be left penniess if Wagner obtains his
claims; but the general impression is
that the astu;e plaintiff has placed him
self beyond the reach Of the law, and
that the judgments cannot be over
thrown.