Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1893-04-20
THE Legal RHASE
OF TIE LITTLE PLEASANFRIES At ELM
GROVE LAST WEEK.
The Ssrenads and the Sersnaders Ar the Vass
in Squire Ankles Coart--A Costly NICK.
Other Criminal Matters

The legal phase Of the Elm Grove
serenade last week, which was exelu-
sively reported IN the REGISTER was
brought out last night in hearing
before Justice Ankle, in which M
Henderson was made the defendant In
a case OF assault and battery. The
warrant uDon which the arrest was
made was sworE out By Scout Linton.
Col. w. w. Arnett conductor Tue
prosecution and b. b. Dovener the ue-
tense. The Elm Grove road was
literally patronized, as most OF the
merry serepaders came in to witness the
combination Of the fun. A great num-
her ~ witnesses we're examined on both
sides. and some very amusing testimony
was given. 49,,
IL is asserted by Linton that defend
Ant left the imprint Of the leather COW
erlng OF his pedal extremities upon
divers portions Of his (LintOn'S) anato-
nv. against the peace and dignity OF
the State"-presumably the state or
Unions feelings. This fact was sub
stantiated by several witnesses, and was
admitted by the defendant himself. The
defense attempted 70 justify the assault
on account Of the aggravating circum-
stancef and the fact that Linton was
lying on his stomach In henderson 5
back yard when the assault took place
Incidentally the whole story OF the
serenade was recOunted. Mayor smith
OF Elm Grove, lives three quarters OF a
mile from HenderSOn's summer board
ing house. lie was awakened ABOUT
eleven o'clock By the explosion OF giant
crackers and the footing Of horns ana
other noise producing instruments, with
which the Elm Grove young men were
making merry over Cupid's triumph IN
their midst This little jOllihcation oc-
Cured on Wednesday night.
The defendant told the story OF the
three nights carnival. They were red
l0tter days az the Elm Grove summer
hotel. Upon the return Of Henderson
iuDiOr and his bluShing bride, the wora
was quietly passed around, aud crowd
marched TO the residence on Tuesday
evening. Beer" was the cry OF the
BOYS. but the amber fluid was not forth
coming, nor was the wherewithal 10
purchase the beverage. Mr.. Henderson
looked out upon the thirsty multitude,
but ttheir clamorings moved him not.
"Avaunt," he said, or words TO that
effect. but the boys declined 70 avaunt.
Instead, they proceeded 70 macadamize
the interior of the hotel. Mr.. Hender-
son stood upon the broad piazza. A
feather-edged dOrnick gave him close
] shave, and shattered the glass In the
transom. Then Mr.. Henderson waXed
Z "angrew." The hour when graves
yawn and give up their dead had passed
before the visitors bid their host re-
luctant adieu. Next night they were
reinforced in numbers. Also In musical
instruments and Jackson crackers. A
pyrotechnic display was given In the
back yard, with brick aud limestone
effects In the front. When most Of the
guests had departed, Mr.. Henderson
ventured TO cross the lawn. Under
clump OF trees Scott Linton
was lying PROSTATE on the ground
searching for his watch key"
~The appearance OF victim
had q reiuvenating effect upon Mr..
Henderson, Linton started TO sprint
toward the road. His pursuer placed
his right foot with telling effect upon
the most assailable portion Of his anat-
omy. Before be reached the road, the
shoe was there again, and again.
Luther KimmOns lives near Hender-
son. He heard the noise and saw the
crackers explode.
Prof. A. ). Bell is one OF the board
ess. He heard the Serenade from the
third story on Tuesday and wednesday
evenings, but on Thursday decided that
cit might night DO a good place to re-
main" Miss Sheppard, who is employ
ed in the Henderson family, found Two
giant crackers whore Mr.. Hen
derson found Linton, with a nun
Der of others which had ex-
ploded. She testified to marks Of
contact between the exterior Of the
boarding house, and sundry specimens
OF hen fruit. Linton testified that he
had nothing 70 do with the fireworks,
and knew nothing about them.
The Justice, after hearing all the ev-
idence, fined Henderson S. and costs,
and upon Capt. DOvener's request, In
,creased 70 70 $40 and costs, and an APP
Awas taken. On Monday evening
Smith, OF Elm Grove, fined
aud Geo. RinkusS5 and costs each
Ing in the yard; DR.. Cracraits
oniessed aud paid 81 and costs