Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1895-05-29
Jensrson Circuit Court.

Aut ltuMlu cases were ocAOAC Juu5c
Faulkner 10 the circuit court last Wednes
day The trial Of John P. Myers, indicted
for making false affidavit in order to vote at
Kearneysyille precinct in the last general
election, occupied nearly the whole day, and
jury returned a verdict of guilty. A motion
for new trial was made.
The Aultman & Taylor Co. vs.. Joseph
Starry's administrator ct al; order referring
case to Commissions I. G. Green to settle
account of the administrator and to ascertain
what real estate belonged to Joseph Starry
at the time of his death.
Mr.. H. @. Getzendaner, ofShepherdstown,
was admitted to practice law in the court.
Messrs. Cleou Moore aud VIM H. Wilson
we're assigned by the court as counsel for
Annie Bowen, indicted for setting fire to the
house Of Mr.. Jesse A. Eugle.
John Green indicted for misdemeanor,
changed his plea of mot guilty" to guilty"
There were two indictments. and the judge
imposed FIVE days in Jail, and a fine of $50
in each case. Green has been in Jail about
fifty days.
On Saturday the case Of Moses Bennett VS..
B. & o. R. R.-suit for damages, the plain
tiff having been injured by falling or step
o'rg G., train at Dufields, occupied the
Jay. Counsel for plaintiff, Col. f. W.
Brown aud w. F. Alexander; for defense,
Capt. George Baylor aud Wm. II. Wilson.
Jury failed to agrees and was discharged.
On Monday, Thos. Ryan, indicted for fell
ony was tried aud convicted of petit larceny,
only. Col. F. w. Brown and w. F. Alex
ander for Commonwealth Cleon Moore, T.
@. Green and w. II. Wilson for prisoner.
On Tuesday the trial of Robert Nc
Dowell. accused Of setting fire to the dwell
ing of SheriT Eugene Baker, was begun
Col. Brown aud W. F. Alexander for the
State Col b. d. Gibson and J. F. Engle
for the prisoner.
The argument was made last night, be-
ginning at s o'clock. Col. Brown did not
begin the closing speech until 10 o'clock
The jury was comfortably quartered for the
night at the Watson House.
A motion for a new trial of the case Of
Juo. P. Myers, colored, convicted Of perjury
and illegal voting, having been made, on
Tuesday Judge Faulkner set aside the YER
dict His honor remarked that the law was
carefully drawn and an admirable one if
properly construed and administered. The
mere TACT that the law requires OF a man es-
saving to vote, if challenged, to make afida-
Wit of his citizenship, does not entitle him to
cast a ballot. The commissioners OF election
are the Judges of his qualification and can
refuse to receive his vote if they know he is
not 4 legal voter, his affidavit to the contrary
Notwithstanding. He also defined the duty
of the assessor and the application Of the law
to challengers. Il is Lot the duty OF the
voter to seek the assessor to be listed, but
the duty of the assessor to list voters-to
list all such As he knows to be entitled to
suHage. to see and swear and interrogate
others. The challenger is smenable 20 the
law for wilful infractions Of it whilst on duty
at the polls. The object of the law being to
secure the votes Of legally qualified suiira-
gans and none other.
As we 90 to press Annie Bowen, color
ed. charged with the burning OF Mr.. Jesse
A. Eagles dwelling, is on trial. Col. f. W.
Brown is for the State; Cleon Moore aud
VIM. H. Wilson for the defendant. Mr..
Hallam. a member of tho Reform School
Board Of Washington City, is present to
look after the interests of the girl, she hay-
ing been an inmate Of that institution.