The new dominion. [volume] (Morgantown, W. Va.) 1876-1904, 1896-06-27

uated, and l.. n. John is hereby per-
petually enjoined, restrained and prohib-
tied from mining, excavating and dig
ging coal within five feet of the line sep
arating the land OF the plaintiff and de-
PENDANT Ordered that the plaintiff re-
cover his costs herein expended. OPP
Grafton of decree suspended for 40 days.
the defendant desiring to appeal here
from.
Melissa Fishers comm. VS. Melissa
Fisher Land owned by Melissa Fisher
ordered to be sold and proceeds devoted
TO her maintenance.
LAW.
Exchange Bsnk of Warrington s
Isaac Strosnider ct al. Isaac Strosnider
not having been served with process it
is ordered that this suit as TO him be
continued. Thereupon came the plain
/ tiff by his attorney and the defendants
| Milo Strosnider, Saul Thomas and Mich
olas Harker, and both parties waving
jury the evidence was heard by the
court and it is ordered that the plaintiff
take nothing oy its bill as against Milo
Strosnider, Saul Thomas and Nicholas
Harker and that the said defendants re-
cover their costs herein expended.
State VS. Walter Blosser. Contempt
The defendant on giving bond in the
sum OF S47 Is was released from custo-
dy.
Oscar A. Campbell was appointed
stenographer to take the evidence in the
case OF the State VS. G. l.. West in which
the motion to quash the indictment was
overruled and trial commenced Mon
day.
Ordered that BENJAMIN G. Dorsey,
James A. Clear, George Pool Caleb Bell
and Norman e. Boyd be and they are
hereby appointed trustees OF McClure's
Chapel, Methodist Protestant Church OF
Morgan district, Monongalia county, w.
Va.
State VS. G. L. West Felony. Mo-
ton to quash indictraent over,uled and
Jury selected and sworn Taking of
evidence was commenced Monday alter
noon. Some 20 or 80 witnesses were
heard for the State and about 80 for tho
defence. West was indicted for alleged
forgery of contracts for the Biological
and Portrait History Of Monongalia,
Marion and TAYLOR counties, w, Va,
of which he is one of the publishers and
for which he solicited orders.
Some of the witnesses claimeu hat
West after getting them to give :. his
tory OF their lives and writing IL w had
them sign the manuscript and a few
months afterward copy OF the history
was delivered to them, but that thev
did not want and had not ordered IT,
| Then the publishers produced printed
contract signed by them for the book at
SIS. They claimed that they had not
signed this contract.
Some Of the witnesses for the defence
testified that they signed the contract
and knew that they were so doing at
the time. The case has excited consid-
cradle interest.
Prosecuting Attorney Baker and AS
sistant Frank Cox, appeared for the
State and Hon. Geo. @. Sturgiss and J.
w Haggerty, Esq, for the defend
: ant The case was given TO the jury at
noon Thursday after fair and impartial
instructions from the court. The Jury
returned a verdict OF mot guilty as
charged in the indictment and Mr.. West
was discharged. There are other indict
ments against him and he was ready for
trial but the State not being ready the
cases were continued till next term. No
one who heard the evidence believed
that the jury could convict, The gentle
men who testified that they did not sign
the contract would not swear positively
that the signature was not theirs and
the bottom then dropped ont OF the
whole case.
Marion L. Everley having been adj
judged a lunatic by Justice Of the Peace
w. p. Barker, Sarah Il. EVERY was APP
pointed committee OF said Marion |, .Fv-
erley aud gave bond in the penalty of
5000 with M. 7. Eyerly and r. G. Everly
as her suretes.
Franklin Barrackman VS. Marion Oil
company. Continued till next tern, On
motion OF defendants.
Frank Miller VS.. Honsinger 4. Wheel
er, Assumpsist. Ordered that the plain
tiff recover against the defendants Jacob
Honsinger and Alonzot Wheeler 1926. 90
with interest from this date till pay
ment.
II. w. Dnsenberry, appellee VS. VIII
liam Hall, appellant. Upon an appeal
from a judgment rendered by Justice
VIM. Hagans on 18th of Nav, 1896, in
favor of plaintiff for s25 and costs Trial
by jury and verdict in favor of plaintiff
for $25 and costs in this court and in the
court below.
State VS. Benjamin Wilson Msde-
meanor. Fined $40 and costs.
S. w Mum VS. Carr Bros. assumpsit.
Dismissed from docket on motion OF
plaintiff.
| otOs w bOnilbOn Vs. JdinbS Il. cllI-
der. Certiorari. Application OF the
plaintiff for the setting aside OF the YER
dict in this case rendered by the Jury at
a former term is granted and new trial
is granted. The defendant stating he
desiled to apply to the Supreme Court
for writ of error in this case the judg-
ment herein rendered is suspended for
40 days from the rising OF this court,
State VS. Charles Gidley and others.
Misdemeanor. This day came Walter
Davis and plead guilty. Fined So and
costs.
State vs.. Leonard Pumphery Felony.
Motion to quaah indictment and plea Of
not guilty. Bail for appearance at next
term of court fixed at $500.
| George w. Johnson VS. James f. Sni- |
der. Certiorari. For reasons appear
ing to the court it is ordered that the or
der entered in this case on Friday, June |
49, 1896. setting aside the verdict OF the
jury In this case and granting the plain
! tiff new trial herein be and the same |
is hereby set aside.
George W. Debelt VS. John H. Hoff- |
mans admir-. VS. Town of Morgantown |
Dismissed by agreement.
! John Ii. Hoffman's admir- VS. Town of |
Morgantown. Motion for new trial |
overruled. Ordered that the verdict |
heretofore rendered be abated $3.50, and |
that the plaintiff recover from the de- |
PENDANT, the town OF Morgantown, $3.50, |
with interest from this date until paid |
| Jacob Miller's ex'ors VS. %. W. Miller |
ct al. Ordered that the balance OF 3d.
9S1a in the hands OF the said executors
may be paid into the hands of the gem
eral receiver OF this court.
|. n. Lucas and J. f. Weaver were
appointed trustees of the Methodist
Protestant Church at Morgantown.
Isaac Blaney's Admir- VS. Henry G. |
Blaney Dismissed satisfied on motion
of plaintiff.
George w. Poundstone ct ux's use,
vs. Richard s. Radcliff ct al Bill dis
missed.
Dorsey c. st. Clair vs. Maria c. st.
Clair, ct al. Report of sale confirmed.
Ida May Snider VS. Elijah W Snider
ct al. Remanded to rules for the spur-
pose Of making new parties.
Winfield S.Blaney VS. Isasc NJ. Blaney.
r. E. Fast appointed special commits
sioner to make sale OF the lands of Isaac
Blaney
John G.Myers, ct al vs. Minerva Hart,
ct al. Frank Cox appointed special
commissioner to make sale of all the
land Of which David Myers died seized.
Milton Warner ct al VS. Margaret Var
ner, ct al. Report of partition confirm
ed.
William N. Sine ct al, Trustees, &c.
vs. S. F. McCauley. Frank Cox APP
pointed special commissioner to make
sale of the oil underlying 1872 poles of
land in Clay district belonging to the st.
Luke Christian church.
Jarrett Linch's ex'ors against Jar