The new dominion. [volume] (Morgantown, W. Va.) 1876-1904, 1898-02-16
The COURT.
Some of the Things Which Have
Been Done.

HGHS JHFt --Etttt stTf DtsHfHstu
until To-day he proceedings OF Tie
Term.
The order OF sale iu the Josie Kia-
kaiG heirs dicker with the govern
ment for the dam site was made. The
papers have been forwarded to Wash
ington and that matter will soon be
settled
To the great qualification of the
populace Judge Hs.sans is presiding.
He appears to be able to perform
the duties of his office with his old
time accustomed alertness
The court passed on the papers in
the Seneca case. They were submit
ted by Lazzelle & Stewart, the coun-
sci for the petitioners in the new
town movement. The court exam
ined them and ordered certificate Of
incorporation to be issued establish
ing a new town according to the
metes and bounds as set forth in the
original petition. An election for
town officers must be held within
sixty days of the date OF the certifi-
cate Of incorporation and the fourth
town will then be ready for business
in every respect. The three commits
sioners for the election will be APP
pointed shortly, and the notice will
be given at once.
Gentlemen, if you find these
things to exist, and they do exist, !"
said Judge Hagans to jury during
the term of court, "you will find for
the defendant" After hearing this
charge the jury went out and after a
two hours deliberation returned a
verdict for the plaintiff The YER
dict was set aside at once by the
court.
Some people did not understand
why the old prosecuting attorney
was not allowed to testify to certain
facts in his possession gained
through his official position while
being consulted about the paternity
of child yet unborn. The plaintiff
in the Anderson Sarver bastardy
case came to him and told him that
a certain man was the father of
the child and that she wanted war
rant for him. She was told that
the laws of our state compel the au-
thorities to wait until the child is
born before any steps can be taken
in the matter. So she went away.
After the birth of the child the war
rant was obtained for another man.
His lawyer wanted the testimony of
the prosecutor introduced as it
would have cleared their client. But
the court held that the evidence was
not admissible as it was obtained in
the course ola confidential interview
and that it was sacred. Had this
not been true a lawyer could be
forced to tell whether his client had
told him that he was guilty of any
crime and many great evils would
result. Even if the lawyer was will
ling to tell what he knew thai does
not make any difference He can
not tell it to the jury.
After several hours deliberation the
| jury in the Sarver-Anderson case were
called into the court room as it was
time to adjourn for the afternoon.
When asked how the jury stood the
foreman replied that they were hope
lessly hung and that nothing would
be gained by keeping then in any
longer. One of the jurors interrupted
to say that they stood eleven to one.
The judge on the representation of
the foreman that they could not agree
no matter how long they were in ses-
sion discharged them and the case was
draw.
1t will be brought up again at the
next term of court. 1t has attracted
much attention over the county on
account of the standing of the defen-
dant in the case and from the present
status it will attract more attention
on the next trial.
The petit jury was dismissed on
Monday and will be called on Wednes-
day morning when another bastarday
case will be on trial. The only bust
ness transacted since their dismissal
has been chancery cases and nothing
of general interest.
Capiases issued against E. H.
Steinman in revenue cases and felo-
ny case Returnable forthwith.
State vs. Tom Meade, No. and 2,
motion to quash, plea not guilty.
State VS. David Musgrave, felony
Mandate received and recorded
SATURDAY, FEB. u.
Verdict of the jury in the case of
Mary A. Zieglers use, ETC., VS.. f. M.
Protzman, CON-, ct al. for sixty days.
Ella May Sarver VS.. VIM. @. Amber
son, bastardy; plea not guilty; jury
empaneled; case still on trial.
This is quite celebrated case.
The girl in question was domestic at
Anderson's house and claims that he
was unduly intimate with her and
charges him with being the father of
her child, which is about one year old.
A warrant was issued last winter,
soon after the birth of the child, but
was quashed, owing to its being de-
fective, it being made returnable to
the county court instead of the cir
cult court. Another warrant was is
sued and the case will now be decided
on its merits.
Anderson is a very well known
farmer living on the Flats north of
town. The case has attracted con-
siderable attention. Public opinion
inclines to the side of the defendant.
David Myers admir- VS. South
Penn Oil Co., dismissed agreed sat
isfed.
Rules ordered for M. GidIey, Nj. |
Nuce, Charles Lewellen, Clark Will
son, Ed MILAN, II. w. Wolf, E.
Cameron, w. f. Rhodes, Thomas
Chips and James Wolf.
State vs. j. C. Wallace, INSIDE |
meanors Nos. l to 8; motion to
quash and plea of not guilty.
State VS. VIM. Robinson, misde-
meanor; same pleas.
j. I'll. Moore VS. Simon Lantz, ct al;
continued at costs of plaintiff.
State VS. j. C. Wallace, INSIDE
meanor; motion to quash and plea
of not guilty.
State VS. John Lantz, misdemean-
or; same pleas.
State VS. VIM. Robinson, 2 and 3;
same pleas.
The following persons having given
satisfactory evidence to the court
were made American citizens on Sat
urday:
August Stenger, German, 25, ma