The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1890-06-26
SOME INTERESTING DECISIONS


Election lets, tho Liquor Inv, the i.ittl,
k"nnwhA ittidgc, rtc,--Thc Term Ends.
The presen. supreme bench Is com
posed OF four workers. The way they
push cases through Is a decided innoya.
ton. Yesterday tho docket was cleared
, and the court al journed to the frs. DAY
OF tho next term. Several very inter.
. esling matters were passed on.
Two cases Of bets on elections came
up from Gilmer county, those Of the
State Va. Snyder aui Wyant, and the
State vs. Griggs and Floyd. Judge Bran.
non rendered the decision in each, and
the judgment OF the circuit court was
affirmed In both. The four men were
tiaed In the lower court for betting Oh
an election alter 1t was over. Tho de.
Tense held that the law against betting
on elections was meant 10 preserve the
purity Of tho ballot, and rs n bet made
after The election could not aGec, q vote,
II was therefore not IN otlense. Both
courts held, however, that the law
against betting on elections rested on
the same ground as that against other
betting or gaming. The clause was orig.
inally in the statute against gaming, but
It was afterwards transferred and matte b
clause ofthe election law. Tho parties
were fined $50 each aud each forfeited
the amount wagerel by him, besides
paving the costs.
In the case Of tho State va. Farr, from
Cabsli county, Judge Snyder rendered |
tho opinion, and tho decision OF the cir. !
cult court was reversed and the cause
remauded for new trial. Fasr kept
saloon In Huntington. He sold liquor
to person In the habit OF becoming In.
toxicated, and on trial the defense was
hat he was a newcomer in the place
and did not know that tho man camt
within the prohibition Of the statute.
The circuit court refused to instruct the
jury that 1t made no difference under
the law whether licensed dealer knew
that man was in the habit OF becom'sp
Intoxicated; that he sold at bis own
risk. Farr was acquitted. This being a
case involving question OF revenue,
tho State had the right Of appeal under
the constitution, and Attorney General
Caldwell took the case up 10 secure a
ruling on the question. TIE decision
rendered yesterday is in effect that a
licensed dealer sells at his own risk. III
he sells or gives liquor to q minor, or to
person in the habit Of becoming intox.
icated, or other prohibited person, not
knowing him to be such, he Is neverthe.
less guilty. II. however, Il MINOR or
person in the habit Of becoming intoxi.l
Gated is allowed to drink on the prem.
ises, another person having bought the
liquor, it must be proven that the dealer
knew such person to be within the pro. {
bibition or he cannot be convicted.
In the case OF the State vs. Romine,
from Harrison county, n writ of error |
was refused. Romine is distiler and
has license to sell liquors in quantities
not less than five gallons. He WAS &C. q,
cused Of retailing, but in defense alleged
that the man had bought five gallons at
one time, but took It away in small
quantities. He admitted he paid for it
AS he received it, and was fined, and this {
action the Supreme Court sustains.
County Court OF Wood county vs.. A.
!. foreman, judge, and others; opinion
by Lucas; writ Of prohibition awarded, .
the circuit court to pro.
ceed no further in the matter Of the re- ,
location Of the Little kanawha bridge.
N. Reilly ct al. We. David Barr ct nl.,
from Wetzel county; opinion by Eng
lish; decision Of Circuit Court reversed
aud cause remanded.
Ward ys. Ohio River Railroad Com.
pany, from Wood county; appeal re.
fused.
Cresap and God, Commissioners, VS..
Boggess, FROM Randolph county; ap-
peal and snpersrdeas refused.
Butcher vs. Martin, from Richie
county; appeal and supcrsedeas re.
fused. g@
State for use OF Smith va. J. P. Rogers
from Ohio county; writ OF error and
supersedeas refused. L
Norman VS.. Norfolk & Western Rail
road Company, from Mercer county;
appeal and supersedeas refused. 49,.
Noe vs. Noe ct al, from Roane coun-
ty; appeal and supersedeas refused.
Taylor vs.. the town OF Philippi, from
Barbour county; appeal and super.
deas allowed; bond $3.50.