Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1903-11-19
Circuit Court Proceedings.

Inc November term OF Tue JeueI-
son Circuit Court, Judge E Boyd
Faulkner presiding, began Tuesday
morning. The following composed
the grand jury:
William Beall, foreman; George
linn, James W McGarry, J. B. CoyIe,
Thomas Hill, Marshall Burns, a. B.
Hurst, Geo. W. Hoffman, Y. G. Moore,
John F. Foley, Robert n. Duke, W.
c Link, E. T. Licklider, Geo. b.
Hagley, Thomas Stonesifer, G. n.
Moore.
In his charge to the grand jury
Judge Faulkner referred in a general
way to the duties Of the jury; the i'm
portance of that body; the necessity
for absolute secrecy Of the evidence
before the grand jury and exclusion
of all persons from the grand jury
room excepting those summoned there
aud the prosecuting attorney when
his rvices arerequired. Afterward
the judge -Yoae T.. the necessity of
the prosecuting attorney hearing the
evidence of those summoned before
the grand jury, to prevent any but
l-geI testimony beiul produced before
that body.
The following Indictments were
made by the grand jury;
State vs. Earl Morrison, felony; for
breaking into the store Of Max Theo-
dore.
State vs.. Andrew J. Kelly and JOS
eph Reuault felony; for breaking into
the Norfolk d Western Railway sta
ton.
State vs. Isaac NARROW, misdemean-
or; indicted for shooting.
Statevs James Lincoln, misdemean-
or; indicted for assault.
State vs. John Parker, misdemeanor;
indicted for assault.
State VS. James D Jackson, felony;
indicted for shooting at J. W. Albin,
and carrying revolver two counts,
State vs.. Henry Brown, felony; in
dicted for killing Taee Moten.
State vs.. B. & O. R R., inside
meauor; indicted for blocking cross
ing at EngIe's.
In the cases Of the State against
John Roper, Thomas DlIow, Bealey
! Watson and Maria Ransom true bills
were not found
Kelly and Rsnault were arraigned
yesterday afternoon, plead not guilty,
and tnal was set for the 24th, and
Nh Geo D Moore was appointed to
defend them
I-s3c NARROW plead not guilty; trial
was set for the 2Ith, and Mr.. Austin
Locke was appointed to defend him.
The following business was trans
acted
Pomeroy VS.. Shutter, case dismissed.
George NJ BeItzboover appointed
guardian in place of Daniel Getzen-
dauuer, deceased.
James \ Clipp VS. Chas. D. John
son, appeal from justice Of peace; case
! dismissed.
Transfer Of funds of the heirs Of
the late H. Max Lent ordered.
Geo. w Cummings VS. B. & O.
Railroad, non-residence Of plaintiff
suggested and security for costs de-
manded
JAS. II. Harrison VS.. 3. d 0. Rail
road, non-residence of plaintiff sug-
gested aud security for costs demand.
ell.
James Johnson VS.. Eugene Ba-
kers administrator, etc, referred to
Commissioner Cleon Moore.
E A. Skunk VS.. A. Boyd's admin
istrator, &c, report Of commissioner
approved and case ended.
Tuesday afternoon Judge Faulkner
rendered his opinion in the case Of the
administrator Of the late Rev. H. H.
Kennedy against the Baltimore & Ohio
Railroad Company. 1t will be re-
membered that Rev, and Mrs. Kennedy
were killed at the Warm Spring cross.
ing on the 18th of May, 1901. The
case WAS tried at the May term, 1902
at which time the jury rendered a
verdict of $4,000 for the plaintiff,
subject to the decision Of the court on
the demurrer to the evidence entered
by the defendant. In his opinion
Judge Faulkner reviewed at length
the various opinions Of the West Vlr-
giuia and other supreme courts, and
sustained the demurrer-thus decid-
ing for the railroad company. Hon.
Marshall Mccormick, counsel for the
plaintiff, gave notice that he would
take an appeal TO the Supreme Court