Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1906-11-24
CIRCUIT COURT NOW OPEN
Regular November Session Began
tuesday Morning.
TX INDICTMENTS FOUND
All of Them, However, Are for Minor
offenses-Tax Suit Of Hannis
DistiIiIery Decided.

DstiliIery Decided.
The regular November term of the
Berkeley circuit court began Tuesday
morning with Judge e. Boyd Faulkner
on the bench. The members of the
grand jury reported for duty at $3.50
O'Clock, and after being sworn were
addressed by the court. In his charge
to the jurors Judge Faulkner stated
that there had been some criticism re-
Gently because of the failure of the
courts to take action in certain mat
ters of interest TO the people, but that
he regarded the criticism unfair for
the reason that the grand juries had
failed to return indictments in these
particular cases, and that until this
was done, the court was practically
helpless. The scope and powers OF
the grand juries were wide, and it is
within the province of the members to
investigate every infraction of the
law brought to their attention in any
manner whatsoever. The members o.
the juries are selected from represen.
tative men OF every section OF the
county, and they, as matter of
course, have the welfare of the county
at heart and are interested in the en-
forcement of the law and the punish
ment of the crime.
Judge Faulkner called attention to
the fact that reports had reached him
of certain stores keeping open on Sun
day, and said that, While this matter
ought to be regulated by the corpora,
ton authorities, their failure to do so
did not excuse the grand jury from
taking action. The court declared that
if one man had a right to keep his
place of business open on Sunday,
others had the same right, but that no
one had this right under the law.
Judge Faulkner also directed the at
tention of the grand jury TO the law
governing the sale of liquor by drug
stor3ss He stated that the law did not
contemplate that drug stores should
com pete with saloons in the sale of
liquors, and thus become saloons with
out paving the high tribute demanded
of the latter He stated that the pen
atty for this infraction of the law is
very StNCiG, anu dohCd lliC 81 anu JUi y
to investigate and see if the law is
being violated here.
The court brought the attention OF
the jury to the election law, and ask.
ed that all violations he investigated
He said the law is a good one if prop
erlv enforced. although there is some
confusion regarding the punishment
for Its violation He hoped, however
he re hn oic 10
ture would see the law perfected SO
that there would be no question about
the penalty for infractions.
While the court did not touch spe,
officially upon the charges Of corrup
ton at the late election which have
been made on the streets here, his
reference to The election law was &C
cepted to mean that he had these in
mind
The grand jury was composed d
the following: w. E. Tabb, George
Shrodes, w. B. Clendenning, F. d
Staley, Jacob Sites, w. 0. Nicklas
Ohio Cushwa, T. r. Licklider, J. r
Catrow, e. C. Henshaw, G. D. Pitzer
G. c. Lemen, F. C. Foreman, r. S
Miller, G. w. ID. Fulk, George D. Lam
bert.
The grand jury returned at O'Clock
with the following indictments:
William Welty, three indictments
for misdemeanor--shoo at Hunter
Me- nney, shooting firearms in public
and carrying a deadly weapon.
Robert Lee, two for mlsdemeanor-
hunting on Sunday and assault on c
C. Johnson, OF Failing Waters.
Melvin Black, felony--assault witt
int ,af 10 III 4 atxrfc nftir
Tax Suit Decided.
In the afternoon Judge Faulkner
handed down his decision in the taN
appeal case of the Hannis Distillins
Co against the Berkeley county court
the court holding that the taxes OF
$4,000 barrels of whisky in the ware
houses must be paid. As will be re
memhered, Assessor Ellis placed %,
900 barrels of whisky on the ia,
books the total value being abon
$1S5,0O0, and the Hannis Distillilng Co
appealed to the county court to b,
relieved of this assessment on th'
ground that ii was erroneous, the com
pany not owning the whisky. Th,
county court sustained the assessor
and an appeal was taken to the circui
y court. The decision Of Jpdge Faulkne
q sustains the county court. A stay o
IS execution was granted. aud an appea
n will be taken by the attorneys for th'
n defendants to the supreme court of TIL
state. The amount of taxes involved i
about $4,000 per year.
Attorneys for Railroad File Demurre
ne petit jury was called for worl
whe the circuit court opened 70
busin ,ss Wednesday, the cases ID
pealed from the local justice office
being on the calendar for trial.
The suit Of John w. Brown agains
the Baltimore & Chic railroad wa
first called and came to an abrupt en-