Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1903-05-02

several very important cases yet to
come. The police and justice courts
present a busy aspect with trials of
culprits for minor infringements of
the law, and civil cases are also oceu-
plying the attention of the peace Off
GERS.
HELD UNDER AMUSEMENT.
The testimony in the INQUIRY into
the mental condition of Gottleib Fuss.
which occupied the attention Of the
Circuit court all day Yesterday, was
finished in the evening. Judge f aulk-
ner took the matter under advisement
and will hand down a decision one
day the latter part of the week.
SETTLED OUT OF COURT.
In the Circuit Court last Tuesday
the case of William II. Price against
Wade, Sloan & Co. was called for
trial. The action was brought to re-
cover damages for injuries alleged to
have been sustained by the plaintiff at
the railroad repairs near here and
which were said to have been caused
by the negligence of the defendants.
On motion of counsel for plaintiff the
court dismissed the case, 1T having
been settled to the satisfaction of Mr..
Price.
CASES STRICKEN OFF.
The following cases were ordered
stricken from the docket, all matters
in controversy having been settled:
G.. w. Cushwa, administrator.
against Sarah Mcdaniel and others,
Rakestraw and Pile against HI. E.
Markle.
B. B. Fraser against J. N. Wisner
ct. al.
S. l.. Dodd, administrator against
Martha Pearrell ct. al.
J. II. Smith, committee, against @.
L. Stuckey ct. al.
CASES SETTLED.
In the case OF G.. W.. Cushwa against
j. A. Butts ct. al, decree confirm
Ink odhO dAd lCAOllln& S6uSC " a Jill
missioner to distribute proceeds.
M. G. Tabler against Mrs. Ellen
Roeder ct. AL. cause referred to a COM
missioner to ascertain real estate of
defendant and liens against the same.
CASE DISMISSED.
Abraham Ford. better known as
Bud was arraigned before Justice
Snyder Monday evening on the charge
of stealing 1000 feet of lumber and an
anvil. they being the property of MI.
Sperow, being purchased by him at
the Light sale and were on the Light
property when taken. There. was no
evidence that he took the lumber, on
" that he was seen to haul away
one load, which was proven to be Civ
en- by his uncle, and there was no di-
rect evidence that he took the anvil
with intent of theft, although he ad.
mitted of taking it.
The state was represented by Prose-
cutting Attorney w. b. LINDSAY and
the defense by Attorneys w. w. Dow
new and w. @. Kilmer. The evidence
throughout was very contradictory
and the Justice tool two hours before
re ndering his decision.
Tie evidence being not sufficient TO
convict the case was dismissed and the
had given for his appealan at the
hearing.
DESTROYED REAL ESTATE.
Frank Matthews was arrai gned be-
foreI Justice SNYDER last Tuesday at
10 o'clock Oh the charge Of destroying
real estate on the property OF one John
Ca$y. by cutting down some shrub
berry. The evidence W as heard from
q number of witnesses and showed
that he cut down the trees with no in
tent of lawbreaking. but upon the per-
mission of one Mrs. Grover, a former
renter of the property. In the hear
ing Mrs. Grover admitted of telling
Matthews to cut the trees down. be-
cause of Mr.. Casey ordering her to re-
move all OF her property from the pre-
misses, and as she had planted the
trees. thought that they were her
property. Justice Snyder withheld
his decision until 10 O'Clock tomor.
row.
HAD A MISUNDERSTANDING.
Officer Johnson. and William r.
Hockenberry had a misunderstanding
in North Martinsburg Monday about
9o'clock. during which the officer used
his clnb pretty freely. Mr.. Hocken.
berry appeared in police.court Tuesday
morning with his head IN bandages.
but Mayor Evans postponed hearing
an explanation of the trouble until
Tuesday evening at Z O'Clock. when the