Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1895-07-25
Circuit Court Proceedings.

A special term of the circuit count
of Jefferson county began at Charles
town last Monday, with Judge E. Boyd
Faulkner on the bench. H. B. Daven-
port was made foreman of the grand
jury. Judge Faulkner, in his charge
to the jury, called attention to the
law prohibiting the sale of cigarettes
without license, instructing the grand
jury to indict any parties brought be-
fore them. He also called attention
to the decision of Judge Golf, of the
United States Circuit Court, declaring
said law to be unconstitutional under
the interstate commerce law, and said
this decision had been misunderstood 4,
as it did not, as many believed, au-
thorize dealers in this State to sell
cigarettes.
The grand jury returned an indict-
ment against DR.. VIM. Z. Perry for
criminal assault upon Miss Rosa John
son, of Halltown, on June 18th, last
DR.. Perry was brought into court and
his counsel, Judge Daniel B. Lucas
and Capt. George Baylor, appeared
for him. The doctor was arraigned
and pleaded not guilty. His trial was
set to begin Tuesday morning.
a Joint indictment was found against
Joseph Smith and David White for
breaking into tool house Of the Balti
more and Ohio Railroad Company at
Shenandoah Junction. The court as
signed J. F. Engle and w. F. Alex
ander as counsel to defend them. a
demurrer was entered to the indict-
ment. Another Indictment was found
against the same parties for breaking
into the Norfolk and Western ware
house at Shenandoah Junction on the
same night. The court assigned Col.
B. D. Gibson and Jas. NJ. Mason, Jr.,
to defend them. The prisoners pleaded
not guilty.
Prosecuting Attorney Forrest W.
Brown, who is assisted by w R. Alex
ander, of Winchester opened the case
for the State. Judge Lucas made the
opening statement for the prisoner and
stated that, according to their view Of
the case, the crime had not been COM
mitted and the young lady was labor
ing under an hallucination produced
by the effects of chloroform.
Miss Johnson was the first witness
for the State, and on her testimony
the whole case hangs. She testified
substantially as when before the ex-
aiming magistrate. She stated that
she went to DR.. Perry office for treat
ment and he forced chIoroform to her
nose and she became unconscious;
that in short time she recovered, and
she made no cutlery because Of exhaus-
ton. DR.. Perry wife, she testified
came to his office a moment after the
witness recovered consciousness and
he desisted. She did not tell her Of
the ofense, but conyersed while and
departed. On her way home she
stopped at dressmaker's place in the
village and got a dress. Then she
went home and complained to her
mother and the arrest followed.
The defense opened with testimony
as to location of Office its publicity and
the position of Miss Johnson while in
the Office, sitting in front of the win
dow, and her conduct after leaving.
Yesterday the defense occupied
most of the day with expert testimony
as to the effect Of chIoroform in pro-
ducing halIucination when admins
tered to nervous female. DR.. Perry
was put on the stand and denied all
the material parts of Miss Johnson's
story. He admitted that he had given
her chloroform, but had done so on
account Of the pain in her head and
I'D