The new dominion. [volume] (Morgantown, W. Va.) 1876-1904, 1897-06-26
CIRCUIT COURT
Numerous Crhainal Cases Heard-GiIes
Goes to the Pen-Thc Smith Case
Disposed of-Much Chancery BHsi-

Numerous Crhainal Cases Heard-GiIes
Goes to the Pen-Thc Smith Case
Disposed of-Much Chanccry Basi-
ness.
John Pool rs R. L. Berkshire dis
missed.
Motion to quash in all the retailing
cases.
court; pleas entered, demurrer over
ruled
State VS. J. r. Miller, II to SO; nolle
pros No. 81; s25.
State vs. Jesse Turner; 81.
Granville Tenant VS. Nimrod Moore /;
demurrer to declaration; pleas with
drawn.
Town OF Morgantown VS. W. HI. John !;
judgment affirmed.
State VS. Owen Mcmillan mol pros.
Same order VS. Eliza UT.
Town Of Morgantown VS. H. l.. Pride I;
continued at cost OF defendant
State VS. John Hunt $40.
State VS. S A. Lewelien; plea not
guilty.
State VS. r. Smith verdict of unlawful
shooting (see note.
State VS. Jas. Giles; years in peni-
Tertiary; (see note.)
County County VS. w. G. Anderson I;
dismissed; (see note.)
State VS.. Ed Wilson; ON bail; $50.
Jasper Wilson, surety.
GILES GETS TWO YEARS.
James Giles confessed on Thursday to
felonious assault upon Mrs Dalton, his
daughter. She had married contrary to
H. l. T.
He called her outside the house and cru
ely beat her with dangerous weapon.
Particulars of the assault were given at
the date OF his arrest. He was sentenc-
ed to two years in the penitentiary. An
army of witnesses were present. If as
many witnesses are summoned in the
other counties as in Monongalia in state
cases and summoned in the same man
ner, j. e., for the first day and paid day
after day for as many days, instead OF
having a day fixed for trial prior to
court, it is no wonder that taxes are SO
high
W. C. ANDERSON.
County court VS. William G.. Anderson,
bastardy. He is accused Of being the
father of Ella May Sarver's Legitimate
child. He was arrested some months
ago. The justice wrote the warrant in
the name of the oyerseer OF the poor and
made it returnable to the county court !;
for this reason, the warrant was quash-
ed and the case dismissed.
THE RICHARD SMITH CASE.
Richard Smith while very drunk on
February 10, 1895, shot Allie Smith
twice. The offence was committed on
Walnut street They had always been
gooa friends. 1t was clear that there
was no malice. 1t was plain drunken
freak. There being no hatred, no
grudge, no malice, the jury could not
find him guilty OF malicious shooting,
punishable by confinement in the peni-
Tertiary from two to ten years, nor could
the jurors, in their opinion, find him
guilty Of unlawful shooting with intent
to kill, etc, punishable by, in the dis
erection of the court, one year in the PEN
itentiary or by not exceeding one year
in Jail and by a fine not exceeding 1900.
So the jury found him guilty OF unlawful
shooting without saying anything as to
intent which reduced the felony charged
in the indictment to misdemeanor,
punishable just as any case of assault
and battery. Allie Smith is an educa-
ted negro and peaceable citizen. Rich
ard Smith is industrious and when So
Der there is no more law abiding citizen.
He has for seven years been an employee
of the Union Improvement Company.
1t is to be hoped that the shooting ex-
perience may prove valued life lesson
to him.
State VS. s. A. Lewellen; verdict of
jury guilty OF tan assault upon Harry
Palmer Considerable sport was created
by witness Miss Myrtle Masters. She
threatened to scratch his eyes out, kill
him, called him a dirty dog, liar, etc.
She was ordered to jail, but Judge Ha-
gans changed his mind and directed the
sheriff to not iucarcerate her in jail, but
to merely see that she did not return,
and she remained in the corridor. 1t
was laughable affair. When she at
temp ed to do the scratch out eyes act
Mr. Palmer quickly stepped several
times to one side and his face was
wreathed in smiles. A verdict of gull
ty was rendered; S25 fine and costs.
State VS. James G. Wallace, unlawful
retailing, No. s. Verdict of guilty by
jury, Nearly every minister in the
city was present.
State VS. James c. Wallace, unlawful
retailing Nos. 10 and | | I; verdict of gull.
ty.
State VS. w. E. st. Clair, 20, sc. 81 and
30 unlawful retailing. The state had
no witness verdict Of not guilty.
State vs. L. ]. Peabody and George
Hoge. Defendants severed and Mrs.
Peabody put on trial. Jury found her
not guilty, but Hoge guilty. The latter
portion of verdict was struck from the
verdict as he was not on trial.
State VS. j. A. Clelland motion to
quash continued. Recognizance 5000.
NJ e. Fetty, surety.
State VS. Elmer Jacobs, felony. Geo.
Z. Baker appointed to prosecute Jacobs.
Case dismissed
State VS. Richard Smith, felony. Yer
diet OF mlsdemeanor, $75 and costs.