Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1906-04-21
CIRCUIT COURT IS NOW ON.
April Term Began tuesday In
Very listless Manner.
INJUNCTION SUIT BOBBEO UP
Court Decided That Mr.. Parks
Must Be Brought Into tt
The Indictments.

The regular April term Of the
Berkeley Circuit court began here this
morning, with Judge Falkner on the
bench. The grand jury received the
usual charge from the bench, the
judge devoting a little more time TO
the question of the illegal sale OF in
toxicants than usual, SAYING that
there we're reports in circulation con-
corning the sale of lqnor on SUNDAYS
by the druggists of the city, and ask.
ing that special attention be devoted
to this by the grand jury.
After the grand jury had retired,
Judge aulkner look up the suit in.
volving the injunction against the
council. and which restraints that
body from selling the riparian rights
of the city in the stream from the Big
spring. The court stated that there
was a contract in existence between
the corporation of Martinsburg and
Mr.. Alexander Parks, whereby the
corporation had agreed to turu INTO
the channel of the Tuscarora all the
water that had formerly been used by
the city as source of supply, and
that as this contract gave Mr.. Parks
certain rights in the stream from the
Big spring, that gentl eman should be
made party to the present suit.
The court therefore ordered that he
be brought into the suit by the at
torneys for the plaintiffs FLEEING an
amended bill of complaint.
The court was of the opinion tn 1t
the pleadings in the case were not
right, and stated that, if the case
is to be taken up to the supreme court
he would like tho record to be clear
one. This practically brings the mat
ter back to the beginning. and brings
a decision no nearer than when the
injunction was first secured, and 1T
now looks as if the Injunction pro-
ceedings are to drag their slow length
over considerable peroid. much to the
Disappointment of many persons
THE INDICTMENTS.
The grand jury completed it's
lat ors this afternoon, when the mem
bers were discharged. The iIdict-
ments returned were as follows:
Mrs. Rebecca Graf. felony. Mrs
Graft, an aged, lady residing near
Snyder's mill, east of Bedington, is
accused of setting fire TO a barn on
the farm belonging to the heirs OF the
late Thomas Turner. As will be re-
membered by the readers OF The
World. This barn WIS totally de-
stroyed by fire several months ago,
with all its.contents, entailing loss
of about 81, 900. 1t was charged that
Mrs. Graft fired the place, and wis-
nesses were brought forward by the
state 10 prove that she had been seen
coming from the barn, which was
some distance from her home, few
minutes before the flames were dis
covered. In a letter to one of the
court officers, Mrs. Graft asks that
the officer see that no officer is sent
to arrest her, saying that she intends
to leave the state, and will never
come back after she sells her property.
She says she has no lawyer to defend
her, and objects to the court appoint
ing one for that purpose. BY some
persons, Mrs. Graf is believed to be
deranged.
An indictment was also returned
against J. \. c. Hover, for INSIDE
meanor, for selling liquor illegally
John Tilman, colored, was indicted
on a charge of assault and ROBBERY on
Andrew Alexander This is the
trouble that occurred several weeks
ago along the Cumberland Valley
railroad when Alexander was knock
ed senseless aud placed ON the rail
road tracks after being robbed cf
s13 30 in money and clothes to the
value of St1 30.
CLIFFORD CASE TUESDAY,
The trial of Paul Clifford, on a
charge OF Kiliug Jacob Turner, will
come uu for a rehearing on. Tuesday,
April PA, usasn
MINOR TROUBLES .
A colored man named Thompson,
who was charged with entering car
of merchandise on the Cumberland
Valley railroad, was up before Justice
Thompson. He was sent to Jail for 10
days.
Wilson Andrews was before Justice
Thorn psou- on charge Of assault on
a woman, and was assessed $3.50,
which he paid.
Immigrants Change Names.
Many immigrants change their
names upon arriving in this country on
account of the difficulty they find in
getting them spelled properly. Many
in New York accept the names OF
r+rootS 40 their surnames