West Virginia argus. [volume] (Kingwood, W. Va.) 1877-1946, 1905-09-28
TWENTY PHEASANTS
AND A $3.50 NOTE
The Subject OF Lively Lawsuit in the
MOrgantoWn Courts
Charley Walls Of Pisgah, This County,
Wins Ont Over Game Warden White
From The Morran,owu ch,oniel,.

Tor trial yesterday before jury in the circuit
court with Judge J. w. Mason on the bench.
IL Is a suit to collect note for SsSo given
last November bY Charles Walls to Bennett,
). White, deputy game warden. The note
was sf'erward sold 10 George r. Miller for
its face value, less the discount When the
note was due, payment was not made. and
the note was protested. Thereupon suit YVES
brought in circuit court To collect il Several
questions enter into the transaction which
give It special interest
The testimony introduced in court Monday
showed the following facts, OF what were
claimed to be facts:
Last November Charles Walls, a merchant
at Pisgah, Preston county, bought twenty
pheasans from the citizens of that viciuityl
mostly from boys who sold the phessants to
buy school books. Mr.. Walls packed the
pheasSn,s in barrels with a large shipment
of poultry. aud consigned them to house in
Philadelphia.
II being unlawful to ship game out of the
state, Deputy Game Warden Bennett ).
White intercepted the shipment while /, was
passing through Monongalia county, eon6s
Gated the pheasau,s, aud took steps foe the
arrest of Mr. Walls for violating the game
laws. However, beiore Mr Walls was az.
rested he came to Morgan,own tn see about
settling the matter.
Thinking that the shipment would consli.
tute only ore ohsnse, aud believing that the
maximum fine would not exceed 6fty dollars.
Mr. Walls brought that sam with him to set.
tie the matter.
As To what followed. there was no differ
enee in the testimony concerning what was
done, hut consider able difference as to the
way it was done.
The undisPu,ed facts showed that when
Mt. Walls came to town he was told that he
was guilty of twenty offences instead of one.
every pheasant in the shipment constituting
separate oaense; and that the fine in each
case might be fifty dollars, If the case went
To court. An offer was made him, however
10y Mr.. White and his attorney, Terrence ID.
Stewart, that half the charges would be
dropped II he would plead guilty to the
other half, and that the fine would be $40 i'm
each case, making $500, aud $40 attorney
fee in each case, making sIoo more, or 5000
in all for a settlement of the whole matter.
MIR. Walls demuTed to this, said he had
only $50, and that he expected to settle the
whole thing tot that sum. Finally, however,
he paid $50 in money and gave his note for
$3.50 more, due in six months. OF this note
fee. This Is the note which was sold about
a month later to Mi. Miller.
The defense was conducted by Geo. G.
Baker and w s. Snee. They set up de.
Tense the claim that the signature of Mr..
Walls to the note was obtained by duress;
that he was scared into signing il, aud did so
in the face of threats that If he did not do so
1t might cost him from 81, 900 10 s., 500. and
might he imprisonment besides. II was also
claimed that 1t was the duty of the district
attorney to prosecute the cases, and that Mr.
Stewart had no right to take Mr.. Goodwin's
place in the prosecution and charge fees that
the law provides for the district attorneys
office.
As answer to this, Mr.. White testified that
he had Mr.. Goodwin's verbal order to hire
Mr.. Stewart.
The verdict OF the jury was that Mr.. Walls
need not pay the $2So note which he gave in
settlement of the fine imposed by Justice
Hays. and which note went into the hands
of the game warden and his attorney, Ter
renee Stewart.
Mr.. Stewart gave notice that he would
take an appeal
This suit has attracted no small amount of
attention, and at least two important points
were decided by it.
The hrst point was that the note given by
Mr.. Walls IN settlement Of his fine was void
because justice Of the peace has no right
to accept a note under such circumstances.
Judge Mason's opinion, as shown by his
instructions to the jury, was that Mr.. Walls
had committed only one ohense in shipping
Pheasants out Of the state, and not twenty
ofenses. Each pheasant did not constitute
separate ofense; and the twenty pheasants
all went In as one ofense; because it was only
one shipment. This is point that has been
quarters it had been held that there we're as
many separate odenses as there we're separ.
ate pieces Of game in the shipment Justice
Hays 50 held in imposing the fine. Il has
been so held in other places. This is the
first time that the question has come before
the circuit court in this county, and probably
II is the first time il has come before q circuit
court Of any county Of West Virginia, and
the opinion expressed by Judge Mason will
no doubt change, in the future, the rulings
| Of justice courts on that point
The note in controversy now belongs to
Geo. r. Miller. lie bought Il and paid for
il last December Bennett s. White sold It
to him, and Endorsed It, as did Terrence y.
Stewart, thereby becoming liable for pay
ment 10 Mr.. Miller. Mr. Miller looked to
Mr. Walls for payment until the jury's YER
dict released Walls from paying. J. Ami
Martin was an indorser Of the note as surety
/ for Walls; and the verdict also releases Mr..
/ Martin. The last recourse left Mr.. Miller
for the payment Of the note, is M. White.
/ The transaction looked simple enough when
/ The justice Of the peace accepted Mr.. Walls,
note. but d mas become very much compli.
Gated since that time; and 10 has led io Two
/ important rulings, which will simplify prose.
cutions Of game law violations in the future
namely, the fact that a note must not be
taken IN payment Of a fine, and the fact that
| each niece Of game abgnt Ia lac ebirred ,,.,t