Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1899-09-16

is finally getting down TO business after
two DAYS session and the total number Of
indictments found is as follows.
State vs.. Henry Moore. misdemeanor;
two cases.
State vs.. Arey Corb;n, misdemeanor
State VS.. Annie Murphy. felony.
State VS.. Garfield Roberts. felony.
State VS.. Mary Walker. felony.
State VS.. James Meadows. felony.
State VS.. CYRUS NJ. Bowers, felony.
State VS. John Hanshaw, misdemeanor,
seven cases.
Ward b. Lindsay was admitted to prac-
tice law in this court.
The General Receiver, Henry ]. Sci
bert, filed his report as required by law.
Capiases were ordered TO be issued
against Henry Moore.
The trials of Cyrus NJ. Bowers and
Annie Murphy. both of whom plead
not guilty were set for Sept. 5,
Airy Corbin plead guilty and was fined.
$40 and costs. he having already been N
Jail several rnonths.
Garfield Roberts, Mary Walker and
James Meadows. all plead guilty and the
Court takes time TO consider.
Peoples National Bank vs.. l.. II. Vol
ford and c. Mcdowell, judgment against
defendants for S2383.
Ella M. Sullivan was appointed and
qualified as committee Tor john /. Sulll-
van, an insane person.
Mrs. Bette Buckles made application
for the appointment OF committee for
lanes w. Tabler, who is alleged to be In
sane. The Court fixed Sept. IS, for the
hearing OF the evidence.
S. W. Walker, guardian. VS.. Mary G.
Couchman. ct al, application for expendl-
ture of part of wards principal ad Item
appointed.
George A. Moore VS.. John Sencindiver,
!. X. Wisner and ]. N. Wisner, judgment
against defendant for recovery OF real es-
tate.
Nj. f. Irwin VS.. Robt. Gold, judgment
against Robt. Gold for S45o.3 80.
Annie Miller VS.. Martin ABORT bas-
tardy, trial by jury and defendant acqlnt-
ted.
A rule was issued against r. S. Eichel-
berger for him to show cause why he
should not be fined for failure TO attend as
a juryman.
Judge Faulkner also decided the case
of the Berkeley and Hampshire Road
Company VS.. J. H. Raney and others
which is considered an important one.
In August, 1897, the Legislature pass
ed an act requiring turnpike and
other toll roads 10 be built and made ac-
ording to certain specifications as to
width, bridges, drainage and culveris,
such as most roads do not conform to.
and providing that no toll shall be col
lected unless they do 50.
1t was claimed in the suit before Judge
Faulkner, that the Berkeley and Hamp-
shire road did not measure up to the re-
auirements Of the act, and was not en-
titled to collect toll. Judge Faulkner
held that private individuals using the
road had no right to refuse to pay toll
because of defects in the road but that
notwithstanding the act Ct 1897 a suit on
behalf of the public, in the name Of the
State. to revoke its franchise was the only
way in which the failure to keep the road
in condition could be taken advantage OF,
and that until such judicial determi-
nation was had private individuals could
not require the turnpike company to
ltigate the question with them.
On the chancery side of the court the
following business was transacted.
Geo. M Bowers, VS.. M. M. M. |. Co.
deed decided to be made to P. r. Harri
son, purchaser of real estate.
National Bank vs. Sallie c. Hayslett ct
al.decree referring cause to commissioner
to credit debt against real estate OF de-
PENDANT.
]. b. Snodgrass VS.. Kate Wolford ct al
decree establishing debt against defend
ant and in case real estate cannot be par
titioned then to, be sold and proceeds APP
piled to payment of debts and their re-
mainder divided among heirs of John X.
Young.
Jacob Heincriger VS.. Caroline c. Bolida,
decree for deed to be made to ]. M. HON.
rich, purchaser of realty.
National Bank VS.. S. M. & A. Van
metre, answers fled by orders entered.
us. G.. Pitzer Excr. VS.. Caroline "
Confer, decree establishing debts and
directing special commissioners Z. S. G.
Pitzer to sell real estate.
Mr.. +. Gold VS.. ]. l.. Clendenning ct al
all debts reported paid and cause retired
from the docket.
John w. Fuss VS.. Mary c. Riser ct al.
decree appointing commissioners to par
tition land of late John Fuss among his
heirs at law.
Pitzer trustee; VS.. Chas. z. Dyche etc.
decree directing a distiibut on Of funds OF
late partners Dyche Bros.
]. w. Dood VS.. M. L. Rimel ct al, de-
cree establishing debts against M.L.Rimel
and directing sale of real estate.
w. G.. Fauver, Excr VS.. Emaline Fau-
yer ct al. decree selling executors accounts
and directing sale of the real estate.