Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1905-08-26
CIRCUIT COURT AFFAIRS
No Cases Were On Trial In the
Court Saturday.
fISHERAND NELSON CONVICTED
Will Go to the Pen For Stealing
Cattle Two Motions For
New Trials.

Cattle--Two Motions For
New Trials.
The first case called in the Circuit
court Friday morning was that against
Edward Fisher. colored, who was in
dicted for entering the home of Mr..
e. p. Ii. Harrison. last January for
the purpose of robbing. His presence
was discovered bv the ladies of the
household, aud officer Monegan was
summoned, captured Fisher and lock.
ed him mp. Dick Murphy. the color.
ed man who attends to -the furnace
testified that he knew nothing of the
the fellow and had never seen him be-
fore, while Fisher declared that he
had gone into the cellar to warm him
self upon the invitation of Murphy,
had taken some whiskey and fallen
asleep, The prisoner was put upon
the stand in his own defence and
proved to be very windy, and the
prosecution allowed HIM to rattle on,
presumably with the idea that If he
himself.
The case was given to the jury
shortly before the noon recess, and in
short time verdict of guilty on the
second count (enterng without break
ing) was brought in. This carries a
penalty of one to five years in the
penitentary.
CATTLE STEALING CASE.
The most important case of the day
was that against Charter Nelson, in
dicted for stealing three head of cat
tie from George Files and John Files.
Nelson is black, muscular darkey,
bald headed, with face that indi-
Gates both determination and "a de-
cided criminal tendency. The evidence
against him was of the strongest and
most positive character, his guilt be-
ing traced from the time he first tried
to sell the cattle in this city to the
time he brought them in and delivered
them 10 Charles Pownall, who had
consented to buy them in order to
eaten the Fellow.
Nelson was put on the stand In his |
own defense, and told the most re-
markable tale that he has been I'M
folded in the court room in many |
days. He said that he had been hired |
by William Busey to bring the cattle |
IN and sell them, and that Busey told |
him re cattle belonged to Buseys
father. he stated that he had been
asked nv Mr.. 20 wnall how much he
wanted for the cattle, ma answered
that Busey told him to ask 500 Tor
them, and if he couldn't get that to
take $2S. Nelson was child-like and
bland while giving his testimony, and
his statements brought many audible
,...Aes to the faces of the jurors and
spectators The case went TO the
jury late Friday afternoon.
SATURDAYS SESSION.
There was little business in the
way of trials in the Circuit court
Saturday, and the time was
occupied by hearing motions
for new trials, changing dates
of those previously set, and en-
tering orders and hearing the
attorneys on the chancery of
the docket.
An echo of the wheat case be-
tween Mr.. Nesmith and Mr.. !
Morgan, in which the jury found
a verdict for the former, was
heard in the shape of a motion
for a new trial on the part of
Attorney Woods. Judge Faux
ner took the matter under adj
visement, and will hand down
his decision later.
Attorney for Moses Tabler en-
tered and argued a motion for
new trial in the suit of Heberlig |
against Tabler, but the judge
overruled the motion, and the
case remained where it was
when the jury finished.
Attorney Lindsey entered a
demurrer to the Indictment
which charges Isaac Murphy
with shooting with intent to
kill a Mrs. Shackelford in He'd
gesville several months ago.
This will also be decided later
by Judge Faulkner.
Judge Faulkner reset the
cases already fixed for trial,
holding them over two days.
The trial of Harry Beaner for