The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1898-01-07
DEMURRER TO INDICTMENT.

led BY OTHER EMINENT COUS-
set AND ALL AGREE THAT
THERE Is NOTHING WHAT.
EVER IN THE cAsE-THE WRIT
1Nds ARE ONLY WHAT THEY
PuRPoRT TO BE.
--
When the grand Jury OF Glimer coun-
ty found an Indictment against Mrs.
g. w. Atkinson, a demurrer was filed
bB Judge Brannon, the defendant's
counsel. 1t was thought that the de-
murrer would be sustained on the
grounds that no forgery was commit.
ted but Judge Blizzard overruled 1t,
much to the surprise of the bar. The
wing brief prepared by Judge
mon. has been STUDIED by eminent
.ksrsel over the state and without a
slngletexception. OH agree that there is
nothing tase case. Judge Brannon
writes:
Hon. g. W. Atkinson, Governor OF the
State OF West Virginia.
DEAR SIR:-I now, by this paper,
redeem my promise to you to discuss
the points involved by a demurrer 10
the Indictment in the prosecution in
Gllmer circuit court of the state VS..
Joshua p. Owens and Mrs. Myra II.
Camden.
To do this more understandlngly, I
first give a copy of the Indictment. 1t is
as follows: Z
West Virginia, to-wit:
In the Circuit Court Of Gllmer coun.
ty, June term. 1897.
nTte jurors OF the state OF West vir-
glnla, III and for the body OF the county
OF Gilmer, now attending the circuit
court of said county, DO on their oath
present that Joshua P. Owens, in the
said county of Gilmer, felonious!y did
utter and attempt 10 employ as true
certain forged writings and receipts
for the payment of money. watch said
writings and receipts are OF the follow
Ing purport and effect. to-wit:
"CLARKsBURG. w. Vas
Oct. 30. 1883.
Received of j. P. Owen. two hun
dred and ninety dollars, which is the
second payment on his land purchased
from me. G. D. CAMDEN, s
per Mrs. G. D. Camden.
Received OF ]. P. Owen, at Weston,
in November. 1884. three hundred and
fifty dollars. to be as credit on the land
I sold him in 1850.
&c. D. CAMDEN,
per Mrs. G.. D.. Camden.
S:Dec. s. 1884"
"cLARKsBuRG, W. VA,
July. 1885.
Received Of ]. P. Owen, four hun
dred dollars, which is the last pay
ment on his first tract OF land I sold 10
him. AS soon as I am well will trF
to have deeds made.
&C. D. CAMDEN,
per Mrs. G. D. Camden.
JOHANNESBURG. ". VA.
"June {, 1889"
II have this day sold to ]. p. Owen.
s%!xty-nine acres OF land and he has
paid me three hundred dollars In cash
on the land. He Is to give S. an acre
and is 10 pay the rest of the money In
one and two years, or sooner. II he
he wishes. AS soon as I am well
enough I will have notices written and
deeds made to the land. l wish sou
would sell all the land that Is Joining
to. you for me over and above what
you want to buy.
&c. D. CAMDEN,
per Mrs. G. D. Camden.
With intent to defraua, and he. the
said Joshua P. Owens, at the time he
so uttered and attempted to employ as
true the said last mentioned forged
writings and receipts, to-wlt: On the
day and year last aforesaid at the
county aforesaid, well knowing the
same to be forged.
And the Jurors aforesaid upon their
oaths aforesaid do farthc. present that
Myra II. Camden. before the said fell
ony and felonious uttering was COM
mitted in form aforesaid to-wit: On
the - day Of e.. IS, In the
county aforesaid, did fclonlously coun-
Bel, hire, procure, aid and abet the said
Joshua p. Owens 10 do and commit the
said felony and felonious utlerlng IN
manner and form aforesaid, against
the peace and dignity OF the state O.
West Virginia.
Found upon the evidence OF Camden
Sommers and Asa y. Harris. witnesses
sworn in open court and sent to the
grand jury to give evidence Mt the In
stance OF the state of West Virginia.
&c. VI. BENNETT,
Prosecuting Attorney"
It is to be remarked here that Mrs.
Camden, through The statements of the
Htss. Is regarded as having been, by
said indictments. indicted for forgery.
This Is not true. No one. thereby. &c In
dicted for forgery. Owens, In the game
Indictment. is charged with uttering
ane attempting to employ as true the
alleged forged receipts set out in said
indictment and that. Mrs. Camden did
counsel, hire. procure, aid and abet the
said Owens 10 do and commit the said
felony and felonious ulter!ng. in 4
manner and form aforesaid"
The first question as TO the sunclency
The Enemy Is Ours!
The grippe usually leaves the SUI