Smyrna times., 1905-07-26
WOODLAND BEACH LAWSUITS
ATTRACT MUCH ATTENTION
WILLIAM A. STOKESBURY VS.. JAMES
MOTT CASES HEARD BEFORE MAGISTRATE
Mott Questions StOkesbury's Right of Title to
Certain Property and StOkesbury 10 Turn
Tries to Have Sunday Traffic Stopped


Certain Property and StOkesbury 10 Turn
Tries to Have Sunday Traffic Stopped
The all absorbing question in town |
circles at the present time is the Stokes
bury VS.. Mott cases which are being
heard before Magistrate Cummins and
which involves the Sunday traffic at
Woodland Beach. The cases seem to
be more of a personal matter than a
sincere desire to have the Sunday law
enforced, and has resulted in a number
of suits and counter suits that promises
to continue indefinitely. The first was
a question of right of title to a piece
of property occupied by William A.
Stokesbury at Woodland Beach brought
by James Mott the owner of the Beach
property and while this IS pending
Mr.. Stokesbury is having Mr.. Mott
and his employees brought to the bar
of justice for breaking the sold blue
law" with regard to traffic on the Sab
bath. Two weeks ago six cases were
taken before magistrate Cummins and
fined with costs in each instance Sc. 20. 4
Monday twelve more cases were tried
before Magistrate Cummins, and the
fines and costs imposed amounted to
over So. 40 In each case. Horace G.
Eastburn, attorney for Mr.. Mott gave
notice, because of insufficient evidence,
that he would take an appeal to the
Superior Court and on his advice the
parties declared by Magistrate Cum
minis guilty, refused to pay the fines
aud they were put in the custody of
Constable W. M. Boyer and ordered to
be committed to Dover Jail. Later the
Constable left with his prisoners and
drove the distance between Smyrna
and Dover in hack. Those who re-
fused to pay the fine included James
R. Mott, John Wiley, Bertha Manlove,
Robert Boyd, John l.. Boyd, Samuel
Mood, Mary Bowen, William Bowen,
Annie Manlove, Alexander Thompson,
Annie Mott and Elmer Foreaker.
Deputy Prothonotary W. ID. Burton,
having been previously notified, had
the necessary papers ready for the
signatures of the accused and also the
bonds. Without much delay, the
papers were signed and Deputy Sheriff
Foreaker started at once for Smyrna,
to serve process on Magistrate Cnm-
minis. The deputy sheriff, upon his
arrival at Smyrna, was informed by
Magistrate Cummins that the cases
disposed of by him could not be
certioraried. Attorney-General Robert
n. Richards was at once communi-
Gated with and asked for an opinion on
the subject. After consulting the law.
he ordered the release of the parties,
they having given the necessary bond
and security for their appearance at
court. Sheriff Baker was in somewhat
of predicament uutil he received
word from the attorney general as to
what to do with the persons committed
to his care, and was greatly relieved
when word was sent to release them.
The Woodland Beach parties were de-
tanned at Dover until nearly o'clock,
owing to the delay in getting in COM
munication with the encouragement.
Mr.. Mott, before leaving Dover had
a warrant issued for William A. Stokes
bury, before Justice E. f. Wood, oi
Dover, on a charge of trespass on the
Woodland Beach property, owned by
Mr.. Mott, on Sunday last. Last even.
ing Constable Russell came up to
Smyrna and arrested Mr.. Stokesbury
The latter refused to go to Dover, de-
manding a hearing before Smyrns
Magistrate. Later Mr.. Stokesbury ap
peared before Magistrate Cummins and
was released by Constable Russell fol
another hearing, the place not yet
being decided.