Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1897-10-02
CIRCUIT coIIpT.

the Circuit Court since our last issue:
1 State vs. A. II. Pitznogle, an indict-
ment for felonious assault. Owing 70
the absence OF witnesses for the State
the case was continued until next
term, the defendant giving his recog-
uizance with surety to appear for trial
on the third day Of the January term,
1893.
State VS., Fieldon Page, plea Of
I guilty entered tor grand larceny, and
it being proven that the accused was
under 10 years of age the court Inn
posed a sentence of confinement in the
Reform school until he arrives at the
age OF FL. Page is now ) years old.
Harry Woithington, who was in
dicted for felony pleaded guilty of
petit larceny which plea was accepted
by the court and the prisoner was
given four months in jail
State VS.. Joseph May, indicted for
felonious assault, and found guilty of
unlawful assault with intent to main.
disfgure, disable and kill, the court
imposed sentence OF eighteen
months in the penitentiary.
@. w, Buxton VS.. d. w. Shaffer,
compromised by the parties in inter
est, judgment for sara being entered
IN favor of the plaintiff aud each party
to pay his own costs.
G. G. Tabler VS.. Board of Education
of Hedgesville District. continued nm
til the first Saturday of the next term
of court owing TO the failure of wit
nesses to attend. In this case, as
we'll as in several others the court
brought in two witnesses on forth
with summons and fined and severely
re primanded them 1t has seldom
occurred that so many cases have been
continued on these grounds and the
court intends to stop such actions, in
dicating that repetition next term
would find some parties in Jail.
The usual allowances for the pay OF
jurors and witnesses out of the State
funds and county treasury were made
by the court.
| On Tuesday of this week, in the alb
sence of Judge Faulkner. Forrest w
Brown, Esq. was elected special
judge, and entered DEGREES in chancery
causes as follows.
Philip Pendleton VS.. A. r. Pendle-
ton ct al, decree directing special re-
ceiver to pay cost Of suit.
A. S. Chambers VS.. Chambers ct al.
decree establishing liens against real
estate, and appointing special commls-
sioners to make sale of the real estate
of the late A. S. Chambers on North
Queen street.
The Improvement, Loan and Build
ing Association VS.. Auburn Wagon
Co., orders were entered filing nu-
nerous answers and on Tuesday the
whole time of the court was occupied
in hearing arguments of counsel on
the points contested by the respective
j parties.
Faulkner, ETC., administrators VS..
Grantham ct AL, decree confirming
4 receipt by speaial commissioner of all
purchase money due by ID. M. Pitzer
and directing special commissioners to
make said purchaser deed for the farm
bought BY him.
Trussell. ETC.. VS.. Trussell ct al
decree referring cause to commissioner
in chancery to report at once the dis
tribution of the purchase money by
the special commissioners in the case.
Lamon, etc, VS.. Frances McCubbin
ct al, decree directing bonded special
commissioner to distribute the pro-
ceeds arising from the sale of a por-
ton Of the real estate on said cause.
Washington county National Bank
VS.. Tice ct al, decree authorizing de-
\ PENDANT Nicodemus to be made plain
tiff in the suit, and the cause to re-
main on chancery docket as Nicode.
mus VS.. Tice ct al.
In the two cases of Beaver Creek
Lumber Company VS.. Potomac Pulp
Company and Susan c. Magran
against same, DEGREES were entered
establishing liens of the plaintiffs and
after consolidating the two causes,
directing a sale Of the property.
In case of National Bank Of Mar.
tinsburg VS.. NJ L. Payne, ETC., the
sale of real estate by special commits
sioners was confirmed by decree and
fund ordered to be distributed.
The following DEGREES have been en-.
tered by Judge Faulkner since our last
issue:
Eversole VS.. Mccarthy ct al, decree
confirming report made by commits
sioners of partition and directing sale
of the real estate and partition of the
funds.
For the distribution Of funds In the
hands of bonded commissioners in the
cases Of Eigenbrot Brewing Company
VS.. +. {. Kimmerling, and Nationa,
Bank of Martinsburg against John
Fitz ct al
Back From the Grave
We cannot come, but we can Otter