Daily new dominion. [volume] (Morgantown, W. Va.) 1897-1906, 1901-10-09

/ Dy our oath To enforce tue law. The
| Prosecuting Attorney interrupted the
court here. asking that certain
charges regarding the purchase of
liquors outside of the state. The
court charged the jury, that the
purchase Of liquor outside Of this
4 county or state, must be bona fide
purchase at the point OF shipment,
whether the goods be shipped G. o.
/ ID. or in any other way so far as the
collection OF the moneys are con.
cefned The relations between the
purchaser and the seller with regard
% the liquor must be such, as that
should the goods be lost IN transit
that the loss will be that OF the pur-
chaser here, the goods having be
come the property of the purchaser
at point Of Shipment, The court re.
ferred to the case OF the state OF
West Virginia against Hughes
which was passed upon in the SUI
preme court, which decision deter
mined the very question which asked
to be made clear at this time. In
this case, an agent for a Parkers
burg firm, sold through a regular
agent, quantity Of ahiskey to
resident OF Grafton. The whiskey
was separated from the bulk at
Parkersburg, shipped TO the pur
chaser at Grafton, and the purchase
money afterwards collected by the
Parkersburg firms agent in Graf
ton. An action was brought against
| the parties charging them with vic
lating the statute law OF the state
which provides that there shall be
no traffic IN liquors within the linn
it's of counties in which licepsos are
not granted. The supreme court
decided that the law had not been
violated. That the purchase was
made in Parkersbnrg and the trans
action completed there, so far as the
! relations of the purchaser and seller
were concerned, that the Cratic n
/ party became the owner or liable for
the goods when they were separated
from the bulk, and shipped from
Parkershurg, as that the Incident of
either the collection of the money
I by the agent at Grafton or his part
in transmitting the order, did not
change the relationship OF the par
/ ties TO the transaction in question
or the place OF its contamination.
| The court charged the jury, that 10
view OF the fact that a large number
of coal mines were about to be open
ed up in this county, that the laws
of the state enacted for the protec-
r'on Of the minors and the property
OF the owners should be enforced,
and that all mines should he opened
in accordance with the law. After
cautioning the jury not to disclose
any matters transporting in the jury
room, the court ordered that they
4 retire to their room, and proceed to
the accomplishment OF their work.
COURT PRocEE DINGs.
The case of the West Virginia
Grocery Il Candy Company, OF Fair
mont, against A, Shan non, of Wades-
town, represented by Attorneys
Charles Powell, Oh the part of the
defendant, and Il. M. Showalter the
plaintiff. E. M. Showalter argued y
, s1S.ioa before tie court to sabro-
gate the Trustee TO the rights of the
plaintiff, and have suit proceed in
the name OF the Trustee for the ben
eft of all the creditors. The court
held the matter for further consid |
Grafton. Charles Powell, Interested
in this case is the well known Pros
ecuting Attorney of Marion county.
In the case of the state OF West
Virginia against George Shafer,
charged with receiving stolen goods,
an affair in which 9 chickens were
disturbed in their peaceful slumbers
upon a certain night, and their own .
er robbed of the same 1.-THE chickens
OF course) against the peace and
dignity Of the state, attorney Il. e.
Allen appeared fos the defendant,
and jury called TO try the case.
The jury after listening to the cyl
dence retired, but were unable to
make up their minds as to the guilt
or innocence Of the accused before
adjournment Wednesday about 10
a. IN. the jury in this case brought
I in a verdict Of guilty.
/ The Cassville and Monongahela
River Railroad asked the court.
through its attorneys, to appoint
commission in the condemnation
proceeding prayed for again st Mar
tina J. Boyers, Vim. II, Courtney
and Sarah ]. Courtney, and asked
Tue cou4s ~ direct tle commission
ers so appointed to complete its
work during this term of court, SO
that the Railway company may
without delay, proceed with the con-
struction OF its road. John n.
| Chips, Il. I'll. Hess, E. MI. Goodrich,
| A. t. Wisman and G. j. Long were