Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1907-11-05
Circuit Court.

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Circuit Court.
The following business has been trans
acted since orr last report:
The criminal docket Of the Jefferson
Circuit court for the October term con.
ltained number of indictments. but no,
a single indictment came to trial. The
petit jury which was summoned for the
second day of court, was discharged
until last Tuesday. and was then excused
for the term.
State VS. Angus Carter. felony indict
ment; prisoner entered plea of guilty,
but when arraigned for sentence stated
that he was only sixteen years old. and
proof of the fact being presented, Judge
Faulkner sentenced him TO the Reform
School untll he reaches his majority
State VS. William Carter two indict-
ments. one for felony. and the other 8
misdemeanor. Plea Of not guilty on the
felony Indictment entered. States at.
torney Mason agreed to enter nolIt
prosequi in the felony case. and Carter
lplead guilty on the other indictment
which included charge for carrying q
razor. Sentenced to 80 days in Jail. with
| a fine OF Fifty dollars.
Re Tabler indicted for disorderly con-
duct at the Morgan's Grove Fair Grounds
in September, and who at the opening Of
the court on Oatober IS, was allowed his
| freedom on his own recognizance to ap-
pear in the court for trial on October "a.
failed to put in his appearance on the
latter date. thereby. FORGETTING his bail
bond.
State VS. B & 0 Railroad Company.
two indictments for misdemeanor; Plea
Of guilty, and fine Of SIS imposed in
each case.
Albert Page. the negro who stole a
fine. horse from ] T Bradshaw. admitted
his guilt, and was sentenced to the peni-
Tertiary for seven years.
Mary z Jacobs VS. B & o RR Co;
case continued until next term of court.
as was also the case of J A bearing VS.
j w Coffnan.
Rv Shirley VS. w H Baldwin; defen-
dant's demurrer overruled. and issue
joined on a plea of non-assumpsit.
National Citizens Bank Vs ] E Wyatt
and others; judgment for plaintiff en-
tered for the sum of $7s3s5o
N& w Railroad Company VS. County
Court; dismissed at cost of railroad com
pany.
State VS. John Taylor. indicted for
criminal assault;plead guilty to the charge
of attempted ass ault and was given two
and half years in the penltentiafy.
AN Smith VS. Geo W Rouss: demur-
rer argued. and case taken under advis-
ment by the court.
Melvin Shlpley VS. Jefferson county.
and Silas Shlpley vs. same; motion for
change of Venue 10 Berkeley county
overruled. and plea of not guilty entered
In eSch case.
Sallie c Rissler VS. Corporation Of
Charles Town; motion to quash writ and
declaration. which thecourt took time to
consider.
VIM ] Knott was appointed a trustee
of the NJ E Church South of Shepherds
town. vice Samuel M Knott deceased.
In the matter of the petition of the
trustees of Zion Episcopal Church. an
order was entered authorizing the sale of
lot owned by the church at the corner
Io9Congress and Mildred streets. Charles
Town.
A suit in which the legality of mar
riage between slaves although no formal
ceremony had been observed by the
parties to the marriage, was upheld by a
decision.of the court. Wesley Gordon,
slave. died IN 1902 at Harpers Ferry.
leaving considerable realestate there. In
1863 just before the Emancipation Pro-
clamation by President Lincoln. Gordon
took up" with colored woman. and OF
the union one child. Sarah Gordon sur
vived About 1874 Gordon separated
lfrom Sarah's mother, and SIX years later
took OUT regular license and married
another woman, bur left no children by
her. Upon his death his brother, neph-
ews and nieces made claim to his prop
erty, entirely ignoring Sarah's claim 10
| it.
Sarah, the child by the first wife. filed
her bill. alleging her claim to the prop
erty as the only child and heir Of Wesley
Gordon: and the second wife also fl,
her claim for dover, alleging that size
was the lawful wife of the decedent.
II appears that in 1866 there was an
act passed BY the legislature whereby all
marriages between colored persons
whether under license or not, if the same
were consamnated in good faith. and
such persons were living together as hus.
band and wife in 1866. were deemed val.
i'd In 1882 the legislature amended the
act declaring that where colored person.
prior to February. 1866. had undertaken
and agreed to occupy the relation Of hus
band and wife, ETC.. whether the rite
of marriage had been solemnized between
them or not. shall be deemed husband
and wife. aud all the children born q
such Irving together recognized by ths
man to be his shall be deemed legitimate
/ After deciding that Sarah Gordon wa,
lentltled to the said property the questior
as to the dover claim Of the seconI wifi.
was raised. It was claimed that .tlas
second marriage was illegal and the wif'
therefore entitled to no dover; but tb,
court decided that IN this case the widow