Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1898-02-10

iOI ClC,OOO Damages.
Inc arguments before Judge Her.
yey yesterday in the case Of State VS..
r. NJ. Reynolds were Of a very inter-
estlng character. Reynolds is charged
by the Guarantee Loan and Trust
company with the theft of Sos and
books and papers belonging to the
company. Justice Fitzpatrick commit
ted defendant to Jail in default of
s2l,000 bond, and he waived prelimin-
airy examination. Tuesday Reynolds
sued out a writ of habeas corpus
through his attorney, ]. B. Handlan.
Yesterday morning Reynolds was
present with his counsel, and Prose
cutting Attorney W. P. Meyer and
Frank W. Nesbitt appeared on behalf
Of the State. Mr.. HandIan asked that
the prisoner be discharged from GUS
tody. The Court declined to do so,
because CT the fact that Reynolds
waived preliminary examination,
which examination would have deter
mined whether or not there was suffi-
Gent evidence TO justify holding him
for the grand jury. He could not
pass upon the merits of the case with
out any knowledge of the evidence.
Mr.. Handlan also made an argu-
ment on the subject Of the bond re-
CURED, taking the position that it was
excessive. He thought $1,000 would
be sufficient The Court also consid-
cred the bond excessive, and the
amount named by Mr. Handlan as too
low, as the bond required in embezzle-
ment cases is usually high. He fixed
it at $4,000. Defendant had not furn-
ished bond up to last night.
Yesterday in the Circuit Court, be-
fore Judge PAUL, in the case of Z. j.
Gallagher VS.. E. Schaffer, there was a
most important decision upon point
OF law which has not been passed upon
by the Supreme Court of the State. In
the fall of 1894 the Misses Schopper
entered into an oral agreement to hold
over or continue in possession of pre-
misses from the first of April, 1895, for
one year About the first of February
1896, the Shoppers vacated the pre-
misses and upon suit for rents for the
months of February and March 1896,
the Court holds that under our Statutes
of frauds and periuries the plaintiff
could not recover if the jury believed
such oral agreement was then entered
into between the parties. The motion
upon which the decision followed was
made by General Alfred Caldwell.
In the case on trial there was YER
dict for plaintiff for $171S.
Before Judge PAUL, the case of j.
w Kennon VS. David Armstrong, was
put on trial.
In the case of Williamson & Ball VS..
Stole Bros Co, the motion for new
trial was withdrawn and there was
judgment for plaintiff.
In the case Of the Bank of the Ohio
Valley VS.. Hannah Emsheimer, t. S.
Riley was made a party to the suit.
Yesterday in Justice Thompson's
Court, in the case Of the State VS.. H. e.
Bachman, charged with embezzlement,
the justice rendered his decision, dis
charging the defendant from custody.
Counsel for defense. M. f. Dryden, at
once filed the preliminary papers in a
suit for $4,000 damages against Will
bur f. Clark, the complainant in the
case against Mr.. Bachman and service
was had. The allegation against MIR.
Bachman was that in December, 1896,
he embezzled the proceeds of the sale
of certain shipments of apples owned
by Clark, who is a fruit grower, and
the criminal charge appears TO have
simple been an attempt to collect a
debt by criminal procedure.