Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1904-01-30
DAMAGE SUIT POSTPONED ACCIDENT T0| DUQUESNE
Case Of Creque Against Bowers
is Held Over.
WILL BE TRIED ON TUESDAY
Largest Crowd Of the Term was Present in
The Circuit Court Room Thursday
Morning.
Morning.


The suit of John Creque against
George M. Bowers, wherein the pain
tiff seeks to recover damages TO the
amount of $50.0 for the alleged
alienation of the affections of his wife
by the defendant. was called for trial
in the Circuit court Thursday at 80
a. m. before an audience which. packed
the room to its utmost capaciv. The
suit has attaracted widespread inter-
est.
There had been persistent rumor
afioat all day Wednesday that the suit
would not commenced Thursday, owing
to the fact that judge Lucas. of
Charles Town, one of the attorneys
for the plaintiff, was reported to
either be i'll and unable to be present.
or had Withdrawn altogether from
the case. This Tnmor increased the
interest in the suit. and while it
could not be verified, it was accepted
by many people as All evidence CT
weakness on the part of the prosecu-
ton. Consequently. when Attorney
Aler, for the plaintiff. arose immedi-
atel after court had been convened
and asked for continuance of the
case, there was not graet deal OF
surprise expressed.
Mr.. Aler stated that Judge Lucas
was i'll and unable to be present. but
denied that he had any knowledge OF.
his withdrawal from the case, but
that on the contrary his associate
counsel was still acting for the plain
tiff He filled an affidavit setting
forth these statements. and supple
mented this with the declaration that
he was not ready to go to trial be-
cause Of the absence of Judge Lucas.
He charged the counsel for the defense
with an attempt to RAILROAD the case
throu gh. and said they seemed to wish
to take advantage of the crippled and
unnrepared condition of the proseu-
tion
Former Senator Faulkner handled
the defendants side of the question,
and in clear-cut and forceful argu-
,nent opposed the motion of the plain
tif's attorney. He stated with EN-
phasis that the defendant was pre-
pared for and demanded an early
hearing of the case as a simple matter
of Justice; that his character and
a. af NJ
resting under the stigma of a grave
charge, and that they insisted upon a
trial at the earliest possible moment
that they might show TO the people
of this community how groundless the
allegations are.
Attorneys for the defense intro
duced sworn statement from Attor-
ney J. NJ. Woods, wherein that gentle
man declared that Judge Lucas had
stated to him on January 16 that he
Judge Lucas did not intend to re-
turn to Martinsburg during the pres
ent term of court, and that the plain
tiff would be compelled to employ
another attorney in his place.
In ruling on the motion for con-
tinuaDce Judge f. Boyd Faulkner ex-
planned the position of the court in
very clear aud sensible manner. He
said that the court was not responsible
for the unprepared condition Of the
attorneys for the plaintiff; that there
had been no effort, as far as he could
determine, to RAILROAD the case
through court, although attoi neys had
sought to expedite it by absolutely
legitimate means But in view of the
Vravitv of the case, and being desir u !.
of showing the utmost impartialitv.
he would allow a postponement until
Tuesday morning, February 2, when
the case would positively be tried.
This will give the plaintiff time in
which to secure other counsel, if he
so desired.
About 40 witnesses have been sum-
moned IN the suit, manv of them
from out of town, and the case is ex-
pected to occupy the attention Of the
court for several days.