Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1903-12-10
Circuit Court.

Circuit Court
In the Circuit Court at Charles
Town last Thursday a motion for a
new trial for Earl Morrison, convicted
of completely in the robbery Of Max
Theodore store, was argued by coun-
sci. Judge Faulkner took the case
under advisement until the next day,
when he announced his decision to
grant him a new trial. An irregular
ity in the conduct Of the jury after
they had heard the evidence and ar
guments of counsel was tie fact upon
which the court based its decision.
The jury in charge of the sheriff had
viewed the Theodore place Of business
and the locality thereabouts and going
back to their room reached a verdict
of guilty. Juries under the law are
allowed to view the scene of a crime
under certain restrictions, but in this
instance all of the restrictions imposed
by law were not observed and 1t was
this omission that prompted the court to
grant Morrison a second trial on his
indictment.
Reese Cummings was brought into
Court Thursday for sentence. Judge
Faulkner referred to the frequent dis
orders at Harper's Ferry, and warned
the accused that il will not be well for
MIN to be brought into court again on
charge like the one upon which he
had been convicted. The court then
sentenced him to jail for two days and
to pay a fine Of $40.
Geo. w. Boyers admir- VS.. Jno. G..
Boyer ct al, sale of real estate con-
frmed and cause referred to Commits
sioner Cleon Moore.
Jefferson Building and Loan Assoc n
and others vs.. R NJ Moore and others /;
report confirmed and certain costs or
dered paid
Safety Building and Loan Associa-
ton vs.. Eugene Baker and others !;
referred to Commissioner Cleon Moore
and certain bills ordered paid.
Louise L. Buckles VS.. Leila D. Glib
son, &c. report Of commissioners con-
frmed, partition of farm made, and
case retired from docket.
Jas. H Robinson VS.. Edward Rob-
inson, &c. sale of real estate ordered.
Tustain L. Starry, ex'r VS.. S. w.
Washington, trustee, and trustees Of
! Presbyterian Church report confirmed
and sale of real estate ordered if
debt is not paid within so days.
Benz F. Wageley and others VS..
John Wageley and others; sale ofreal
estate ordered
Eugene Bakers admir- VS.. W. A:
! Morgans admrs ct al. referred to
Commissioner J. +. Engle.
Mansfield White VS.. W. A. Morgan s
admir-, &c. referred to Commissioner
J. F Engle.
Alice Anderson VS.. Cassie Ann
Dush and others Jno. NJ. Daniel ap-
pointed guardian of defendent named.
Same vs.. same; sale Of real estate
ordered
Alexander Goodhart vs.. 7. w. ALL
ct ais. deed for real estate sold order
ed to be delivered, and part Of former
order set aside
Jno. P. Kearfott, ex'r VS.. JAS A.
Hamill and others answer filed title
to land ordered given, and certain
bills ordered paid.
D. B. Lucas. guardian vs. Mollie G.
Moore, ct. ais; referred to commits
sIoner
D. N. Osborne & Co. VS.. NJ. s. We'll
Ter ct al. report confirmed.
Safety Building and Loan Associa'
ton VS.. Eugene Baker ct ais. COM
missioner authorized to sell real estate
Jno. F. Myers ex'r VS.. w. W.
Myers, &c claim filed.
D c. Winebrenner & Son VS. Geo.
W. Horn & Son, &C., demurred over
ruled; deed of trust set aside, and
certain costs ordered paid.
Court adjourned Friday for the
term.-Frce Press