Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1904-02-06
Suit Against George NJ. Bowers
Results in a Fiasco
PLAINTIFF MUST PAY COSTS
But He Has ne Privilege Of Bringing
Another Sui, Based on the Same
Ground as This One.


Judge Faulkner opened the session
and called no for trial the suit OF
John Creaue against George NJ. Bowers
After the court had granted postpon-
ment of the ease from Wednesday ct
last week to tins morning. stating
that it would be taken MP tonay, It
was fully expected bv those in at
tendance that the attorney for the
plaintiff would pe prepared 90 submit
his side to the iarv
Ii developed immediately, however,
that the prosecution was still de-
termined to secure continuance until
future term. it it we're possible to
do SO, and at the earliest moment
after the session opened, the attor-
new for Mr. Creqne filled a motion
to that effect basing it upon the
ground that he had received all
affidavit from his associate counsel,
Judge Lucas. as we'll as one from the
latGer's physician, in which 1T Was
stated that Judge Lucas could not be
present on account Of illness.
This necessitated threshing over
the ground covered in the debate on
the previous motion for a contInu-
ance, and after debate for more
than an hour, Judge Faulkner hand
ed down decision, in which he gave
the attorney for the plaintiff the
alternative of either going to trial
today or of disseminating the suit
without prejudice, and paying the
costs. In effect this latter course
would have been equivalent to a
withdrawal of the suit at the present
time, with the privilege of bringing 1T
again ut later term.
Attorney Aler seemed reluctant to
accept either one, however, but con-
tinued to fight the question along the
lines laid down in his first proposition.
He stated that he had made deter
mined efforts to prepare the case for
trial, and had sought in every pos
sible manner to secure additional
counsel, but that he was unsuccessful
because no lawyer of ability would
accept the employment under the cir
eumstances. He stated that he was
doubtful of his ability to conduct the
case in a manner conducive to the
best interests of his client, if he was
compelled to do it alone,
Beaten at every point by the coun-
sci for the defense, and apparently
having the ground cut completely
from under him, Attorney Aler vet
exhibited another resource. aud filed
an affidavit signed bv his client. in
which it was stated that the latter
was unwilling to go. to trial because
OF the absence OF two witnesses, whose
testimony was claimed TO be import
ant aud whom they had been unable
to locate. Senator Faulkner filed
counter affidayits, in which it was
shown that they were non-residents of
the state, and that due diligence in
securing their dispositions had not
been exercised bv the plaintiff. 1t
was also stated in the affidavit that
one of the absent witnesses made the
declaration that he intended to absent |
himself to avoid testifying in the case.
Senator Faulkner charged that the |
prosecution was doing every thing in
its power to obstruct the case and
avoid trial, and was calling upon |
every subteIfuge and evasive method |
to that end.
The debate on the afiidavits carried |
the court over until this afternoon, |
and also brought the question around |
to the same position it had occupied
before Judge Faulkner had oyerruled |
the first motion for continuance.
After all the arguments had been pre-
sented by counsel for both sides, the
court then took up and reviewed the
later motion at some length. Judge |
Faulkner pointed out the weakness
and utter futility of the points on
which the plaintiffs attorney had
based his motion to have the case
continued, and explained how impos-
sible it would be for the court to act
fsvorably upon the motion.
The court Ihen came sqaarely back
to the original proposition, and decid-
ed that, inasmuch as no adequate
reason existed for a continuance of
the case to another term, it would
have to 60 to immediate trial or be
discontinued without prejrdice, the
plaintiff 60 pay all costs up to this
point
Attorney for the plaintiff then re-
fused to go to trail and declared that
he would not prosecute the snit any
further under the Circumstances which
confronted him. and took advantage
of bis privilege to discontinue ii.
This means. in effect. that the pre-
sent suit is at an end. and that TIL
III. III Ill