Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1905-08-19
COURT BUSINESS BRISK
State Quashes indictments After
lapse Of Nine Years.
NESMlTH WINS WHEAT CASE

NESMITH WINS WHEAT CASE
Heberlig Wins $25 Suit Against
Moses Tabler The other Circuit
Court Business.
The greater portion of the day in the
Circuit court was taken up by the
trial before jury of the case of Nor
gan Morgan against J I. Nesmith
over the proper division of crop OF
wheat Mr. Nesmith was tenant on
the farm OF Mr.. Morgan, and the
difficulty between the two grew on
of discrepancy in the shares OF the
crop of 1908. Mr.. Morgan claims
there was not an equal division,
uuder the terms of his contract with
his tenant, while the latter disputes
this. About $50 is involved, and
the case was brought to the Circuit
court on an appeal from magis-
trate's court. 1t was given to the
Jury Wednesday afternoon.
MORE INDICTMENTS.
The grand jury finished the work
Tuesday evening and was discharg-
ed, after reporting the following adj
ditional indictments.
Harry Beaner. colored, felony. for
robbiug the law Office of II. H. En-
inert.
William Kesrns, felony, for steal
ing brass from the Matthews foundry.
Frank Copenhaver, felony, for steal
ing brass from the Matthews foundry.
Joseph Green, colored, felony, for
perjury of j. r. Clifford for compile
itv in the killing of Joseph Turner.
1t is alleged that Green swore he saw
Clifford shoot during the row. while
witnesses before the grand jury de-
clared he was down town at the time
and not near the scene of the trouble.
MERCHANT In DlCTED.
The biggest sensation so far devel.
oped at this term of court came at
late hour Tuesday evening. when
the grand jury returned an indictment
for perjury against A. Kaplin. a
prominent merchant of Harpers Ferry.
who is also PROPRIETOR of stores at
other points. aud also against s. W.
Kaplin. clerk in the Kaplin estab-
lishment at Harpers Ferry. The in
dictment was found upon information
furnished by Baltimore 81 Ohio
railroad man named H. Ii. jenkins,
against whom A. Kaplin had secured
an attachment in Justice Thompson
court for the sum of $50. which Kap-
lin alleged was due him for goods
purchased by jenkins The attachment
was sworn to by A. Kaplin, and S. W.
Kaplin also swore he sold the
goods TO jenkins in the presence of
the proprietor of the store.
Jenkins and two or three mbers
of his train crew went before the
grand jury and testified that at the
time the purchase is alleged to have
been made Jenkins was down in
Virginia with his train.
Sheriff Gardner went to Harpers
Ferry Tuesday night with warrants for
the arrest of the men. and returned
with them shortly after midnight.
Clerk Gerhardt was hustled out of
he'd at O'Clock Wednesday morning,
and the Kaplins furpishd bond in the
sum of $500 each for their appearance in
court. The time of the trial has not
been fixed.
Several prisoners were brought into
court and arraigned Tuesday even
ing as follows:
Charles Nelson, colored, indicted on
two counts for stealing cattle from
George w. Files and John w. Files,
pleaded not guilty. The court APP
pointed Attorney Robert Boyd to con-
duct the defense, and set the case for
trial on Friday.
Edward Fisher, colored. accused of
entering the home of Mr.. E. P. HI.
Harrison with intent to commit bur-
glary, pleaded not guilty. Attorney
Wilbur Thomas was appointed to de-
fend him, and the case was heard on
Friday.
Joseph Cook and Charles Cook. col
ored, indicted for assault and battery
on Paul Clifford, colored, pleaded not
guilty through their attorney, Fl. HI.
Emmert.
Henry Mason, the young man in
dicted for cse 0, g concealed weapons
and for shoaq Is Attorney w. w.
a. S a'as''s sss7 night s entered : =