Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1907-01-19
CIRCUIT COURT BEGINS
Two indictments Selling on
Sunday Returned.
SUIT FOR DAMAGES DECIDED
Case Of Brown Against Railroad Goes
to Defendant-Th Other Bust
ness of the Court.

Berkeley circuit court began Tuesday
morning when the members Of the
grand jury were called for duty and
heard the charge Of Judge Faulkner
After touching upon the customary
subjects. The court directed the at
tention OF the grand jury to the re
ports of violations of the law prohib-
Z ting persons from operating their
+ places Of business ON Sunday, and ask
/ ed that the jury Investigate this mat
/ ter. The court also directed attention
to The Law prohibiting the employment
of children under "A years of age in
the mills and stated that this was a
matter OF such grave Importance that
it should receive immediate atten-
ton
The jury then retired, ,and returned
to the court room at noon with the fol
lowing indictments:
Elmer Swope, a felony, for the al
legged thee. of a chest of tools from
the Heiston Mill Construction co.
Chris. Stocker a midemeanor, for
keeping his place of business open on
Sunday
Alex. Giovanis, a msdemeanor, for
keeping his place of business open on
Sunday.
Charles McGill, a felony, for an al
legged attempt to break into the of
flee at the Lambert livery stable with
intent to rob
The grand jury was composed of the
following gentlemen: J. II. Fulk, ]. E.
Norrington, George Newkirk, Jere
Slonaker, J. E. Barney, Thomas
Light, John w. Sperow, c. n. Miller,
J, M. Lamp, w. II. Boltz, Alex Clio
han, NJ. L. Dorm, George F. Evans,
Thomas Kearns, n. b. Gordon and
John Yontz.
An interesting incident in conenc.
ton with the work of the grand jury
was the fact that "A witnesses were
summoned, a larger number than for
several terms previously,
Brown Case Decided.
Lac case of John w Brown against
the Baltimore & Ohio railroad com.
oanS in which the plaintiff asked
damages in the sum Of 5000 for in.
iuries sustained through an accident
for which he held the railroad com.
pany responsible, was taken up and
decided by Judge Faulkner
As will be remembered Mr.. Brown
was held at a railroad crossing near
this city about a year ago by al
freight train, which was standing on
he track and while awaiting an op
Hartnity to cross some smoke was
blown from a passing engine by the
wind, frightening Mr. Browns horse
and causing a runaway in which the
plaintiff was seriously injured He
sued for $500 i'm Justice Felker's court
but the jury disagreed. Another suit
i'm the same court resulted in YER
dict for nearly the full amount. The
suit was then taken to the circuit
court on an appeal by attorneys for
defendant. and tried at the December
GERM. when the defense offered no ev-
douce allowing the jury to return a
rJlct for the full amount asked, but
Mine demurrer to the verdict on
.le ground that the evidence did not
warrant it,
Judge Faulkner, i'm handing down
his decision, stated that the accident
which resulted in injuries to Mr..
Brown was simply one of those un.
3voidable occurrences, clearly the re-
suit of circumstances which could
a.tther Doe foresceu nor guarded
gainst. and that in no sense could
ara railroad company be held respon-
-.hle. He therefore sustained the de
teudaut
Condemnation Suit.
City ATTORNEY Lmen, on behalf Of
the corporation of Martinsbwg filed
application for leave to institute con,
domination PROCEEDINGS against Henry
hur.r. I'm order that the corporation