The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1905-03-09
Z Z - Ia So L-,srt-s-
CIRCUIT COURT.

In the case Of Sylvester Toothman
vs.. Morgan Billingsley, heard before
Judge Mason yesterday afternoon,
the plaintiff took a non.suit with a
view to amending his declaration.
Bud Yates, convicted yesterday
evening of assault and battery upon
George Fortncy, at Kingmont last oc.
tober was brought into court this
morning and sentenced to pay SIS.
fine and costs.
The case Of the State VS.. Theodore
Rolls, indicted for illegal selling, was
certified to tho intermediate Court.
The case of the State VS.. yernie
Davis, charged with placing an OBJ.
struction on the tracks Of the Fair,
mont and Clarksburg street railway
line was set for tomorrow after.
noon. Attorney Z. +. Morgan will
appear for the defendant. n
The case Of the State VS.. John Har!
low, indicted for shooting Il Frank
Schwartz in the Fountain saloon in
April, 1908, was again continued.
DR.. .R. Cook, an important witness,
was subpoenaed, but has gone to
Europe. Other witnesses also were
absent.
The case Of the. State VS.. Robert
Jackson, Indicted for shooting Charles,
Cozad, at Worthington, last October,
was continued till next term. Jack.
sons father is in dying condition,
and Charles Jackson, an uncle Of the
prisoner and an important witness,
is absent, being at,the fbedside$of4
dying man. Attorneys w. S: Mere:
dith and Howard N. Ogden represent
the defendant. i. 81 49, {, 4
The Austin Case Continued. &.
The case of the State VS.. Charles
Austin, charged with being respon,
slble for the death of Michael Dowd
at Pennington last month, was con.
:unued until next term, and Austin
was permitted to give bond in the
sum Of $500. Austin's brother, CAL
yin Austin, Of Swanbluff, Tennessee,
has only just been located. A letter
was received from him Monday de.
string that Attorney W. S. Meredith
be- retained In the case. Mr.. Mere.
dith has been absent In Charleston
all the week until today, and had had
no opportunity to get the case ready.
The principal witness, Frank Bow.
man, is absent at, Pittsburg and Aus.
tins brother requested that he be
given q chance to get here before
the case came TO trial. Judge Mason
therefore decided that the case should
be continued.
Ida Kirkpatrick, alias Ida Calllhue,
charged with keeping a dlsorderly
house at Warrington, appeared before
Judge Mason and gave bond with
Mary Wells as surety for. her appear.
ance before Judge Kendall, May ~ 3,
1875; Attorney T. N. Parks.
The case of the State VS.. f.. NJ.
Murphy was certified TO the Inter.
mediate Court. q
The case of the State Evs. a.. o! EDa.
Wis was certified TO the Intermediate.
In the case of the State VI. Bessie
Haughf,t indicted for prostitution The
Defendant was brought from, the jail,
ard upon giving bond in. the sum Of
500 with Ida Kirkpatric, and Mary
Wells as surely, to appear before
Judge Kendall, May 3, 1eo5; she was
released. 81 II d
he case Of the State vs. Hattie
Davis, indicted on a similar. charge,
was disposed Of inSst the same way.iS I
Y The case Of The State vs. a.. e.
Gaughan, charged with Illegal selling,
was certified 10 the intermediate.
The case Of Reuben Klein IS. the,
2. and Q. Railroad Co., lis being ar.
gued this afternoon; Atterney G. III
Leeds represents the plaintiff and A.
1: t'o'nley Y. n. Arnett, Jr., the defendant