Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1904-04-23
SUIT Is liUARY WITH AGE.
CASE THAT HAS aEEN IN cuuRT
roR ssxrx-Foum YEARS.
Goes Back 20 Hampshire Ccunty where
~ Originated case or Arthur
sscKe<ssr il coaslnacd.

- = : : - - = - = n -~~<
One Of the most interesting and re-
markable cases that ever figured in the
courts Of West Virginia has just been
transferred to the Romney circuit
from enis nlacc after having remained
here in a condition Of inertia for
about 10 years. II is known on the
docket as the snit Of Bells admins.
TRAITOR against the heirs OF General
Duff Green, and WINS traf sferred t.
this circuit from Hampshire county in
1894. The case Is chiefly remarkable
because Of the length OF time it has
been before the courts, it having been
filed in 1910, just "a years ago. a
brief history Of the suit is as follows !:
About three quarters Of century
ago Gen. Dnff Green, q prominent
figure In this section. sold John Brant
q tract Of land OF 8,372 acres Of coal
and timber land. On portion Of
this tract the town or Piedmont, w.
Va. now stands, and the balance OF
| 1t is in valuable coal land. John
Brant In turn sold the land to the
PiedmontlCoal d Iron Co, now hold.
Ing the title to all except that on
which Piedmont IL built. In the
meantime Gen. Duff Green lad trans.
ferred bis part Of the contract to Gus.
tAyus Besll, whose administrator ID
plaintiff in the suit. Among the de-
scendants Of Gustavus Beall is DR..
Hedges, OF Martinshurg, who Is tins
interested in the case.
The suit is to compel the heirs OF
General Green to pay large sum Of
money vet said TO be due on the orig.
inal purchase. and the defendants are
the Piedmont Coal 81 Iron 90. The
case was once before the supreme
court OF the state, when tho elder
Charles James Faulkner, Randolph
Tucker and other DISTINGUISHED attor.
news were engaged. Since that time
Judge Armstrong, Judge Faulkner,
Senator Faulkner, judge Daley and
others have been ON one side or the
other Of the controversy, which has
dragged along for GA years, and is now
back in the circuit where it was first
filed. Attorney Gilkinson represents
one side and Faulkner, Walkner q
Woods the other side.
CASE CONTINUED.
The case OF Arthur McKeever was
called In the Circuit court this morn.
ing, but owing to the absence OF inn
portant witnesses on both sides it was
postponed until s.the Sebtember term
of court. One witness named Coor
has decamped and cannot be found,
and another witness is out of the
Jurisdiction of the court.
The May term of the United States
court will open in Martinsburg on
Tuesday, Nav 10, with Judge jackson
on the bench. Among the impo rtant
cases to come mp are the suit Of the
Baltimore g. Ohio railroad against the
Berkeley County court, and the damage
case Of d. O. Heath & 90. against
the American Book %. The latter
case involves about $50. 900, and will
settle the right Of the American Book
Go. to the exclusive privilege of sell.
ing certain text books to the schools
of West Virginia. These cases will
be heard before a jury.
In the Circuit court Thursday
Judge Faulkner handed down decree
granting a partial divorce to Mrs
Maggie Il Moreland from her husband,
Charles J. Moreland. Thew are resi-
dents of Back Greek valley. Mrs
Moreland is a daughter Of the late
Squire Parkinson.
In the case of Elizabeth w. McGary
against Sarah J. Boarman, the court
entered decree appointing d. II.
Dodd, Benjamin L. Williamson. Will
liam L. Cunningham and Moses ..
Seibert commissioners in the matter
of the partition Of the estate of the
late William McCary.
CHURCH AnnOUSCKmENT.