Sistersville daily oil review. [volume] (Sistersville, W. Va.) 1902-1905, 1902-12-05
Circuit Court Proceedings.

Willis convened court this morn.
Ing at 9 o'clock The morning
hour was taken up by Judge Willis
In handing down an opinion in the
habeas CO pus proceedings of the
Children's home of Monroe county
Ohio, VS.. L. Z. Lazear for the pos
session OF a certain child adopted
BY the defendant, L c. Lazetr
The court held that under the law
of the State of Ohio, constituting
said home, gave the officers of said
home the right to determine what
Is a proper home and might require
the return of the child at any time
by the person who has 1t. The
court held that under the persua
sive authority the Ohio law pre-
walls and gave possession OF the
child In controversy to the home
In the injunction of the Carnegie
Gas company VS.. the South Penn
OIL company motion vas made
by the defendant TO dissolve the In
junction. The plaintiff asked for a
continuance of the hearing until 1t
could rake dispositions IN the case
At the afternoon session Judge
Willis gave his opinion In theFrank
l.. Rymer VS.. South Penn Oh COM
pany ct al The court held that
Frank L. Rymer was entitled to the
one eighth royalty from his own
land, us acres and that the devisees
of b. A Rymer, deceased, was not
entitled to any of said royalty or
the rentals on said us acres.
R W. Cummings Esq, Of Pitts
burg, was admitted to practice law
In the circuit court ofTyler county.
The following attorneys put In
general appearance at this morn
ing's session: G. L. Roberts, OF
Plttsbure; F. L Blackmarr, NJ. D.
Hanes, F. d Young. RI Gregory,
and George E. Kesterson, of Sis,
6ersville; G. D Smith,of St Marys;
S. B, Hall, of New Martinsville; T.
N. Parks and r r. Fleming, of
Fairmont, Dave D Johnson, of Par
kersburg. and D. F. Pugh, of Col
s1mbus, o
Judge RI. Flemming left today
for Fairmont.
Senator William Morris attended
today's session.
After the morning hour the
court called the civil docket and
several cases were continued. The
court then impaneled the following
fury In the case of State vs.. Clara
Edgell, upon an indictment for
keeping and maintaining a house
of Ill fame In the town of Sisters
vile: Jacob D. Smith. James Jen-
kias, F. B. Berlin, W. A. Hassie
Alex Folger, w. E Watkins l N
Bullman, II. A. Summers, Joseph
Mcintyre, c. W Tallman, John W
Morgan and &c. Bates. The evil
dence for the State and defendant
was adduced and the jury was
sent to its room to consider of It's
verdict, and after some time brought
In a verdict of not guilty. These
cases are hard cases to convict In
as witnesses will not as a rule ties
tify to all the facts within their
knowledge, but evade the questions
of the prosecuting attorney for fear
1t will put them In the tolls of the
law aud o'her reasons.
After the jury in the Clara Edgell
case retired to the jury room the
court empareled the following jury
In case Of State VS. Levi Henthorne,
upon an indictment for felony for
stealing Junk: James Carpenter,
G. W Carpenter, J. L. Thompson
A. F NARROW, J. ". Swan, c. B
Creekmore, C. E Riggle. J. R
Baker, ]. E. Swan, John NJ Watkins,
c, A. Krug, and John Davis. The
evidence for the State and
defendant was argued to the
Jury today and the jury was in
structed and given In charge o.
the sheriff until tomorrow morn.
ing at Q o'clock. A B. Hunt an
W R.Staplss, Esqnires are conduct
Ing the defense for Henthorne and
Prosecuting Attorney Underwood
for the State. The charge against
Henthorne Is stealing s ball ropes
from Treat & Crawford and sell