Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1907-11-07
circult Court Proceedings.


From the Charles Town Advocate
Of Friday last we take the following
proceedings of the Jefferson Circuit
Court for the term Just ended:
State vs.. Angus Carter, a felony In
dictment the, prisoner entered plea
of guilty, but when arraigned for sen.
tence he stated that he was only six
teen years years old, and proof OF the
fact being presented, Judge Faulkner
sentenced him to the reform school un-
Til he reaches his majority.
State vs.. William Carter; two in
dictments. one for felony, and the 9th.
err, misdemeanor. Plea OF not guilty
on the felony indictment entered.
Stats's Attorney Mason agreed to enter
a nolle pros qui in the felony case, and
Carter plead guilty on the other In
dictment which included charge Tor
carrying a razor. He was given a
sentence of 80 days in Jail, with hne
Of fifty dollars.
c. E Tabler who had been indicted
for disorderiy conduct at the Morgan's
Grove fair grounds in September, and
who at the opening OF the court on Oc-
tober Is was allowed his freedom on
his own recognizance u appear In
court for trial on October "a, failed to
put in his appearance on the latter date,
thereby FORGETTING his>bail bond.
state VS.. B. &. D. Railroad Company,
two indictments for misdemeanor plea
of guilty, and fine of s15 imposed in
each case.
Albert Page, the negro who had an
overpowering fondnsss for other peo-
pies horses and who stole fine one
fr m ]. T. Bradshaw, near Summit
Point, in the early part OF the summer,
admitted his guilt, and was sentenced
to the penitentiary for term Of seven
years.
Mary E. Jacobs VS.. B. & o. R. R. Co. ;
case continued until next term OF court,
as was also the case Of j. A. Deering VS..
J.,W. Cotfman.
r. V. Shirley vs.. w. 81. Baldwin de
PENDANTS demurrer overruled, and issue
Joined on plea OF non-assumpsit.
National Citizens Bank vs.. j. E. Wy
atrand others judgment for plaintiff
entered for the sum of 1888. SO.
N. & w. Rail way Company VS.. Coun-
Gy Court; dismissed at the cost OF the
railroad company.
State VS.. John Taylor, indicted fol
criminal assault; defendant plead
guilty TO the charge Of an attempted as.
sault. whereupon he was given two and
a-half years in the State prison.
A. NJ. Smith VS.. Geo. w. Rouss; de-
murrer argued. and the case taken un'
der advise ment by the court.
Melvin Shipley's Admir-. VS.. Jefferson
county, and Silas Shipley vs. same
motion for a change Of venue to Berke-
ley county was overruled, and plea oil
not guilty entered in each case.
Sallie G. Rissler VS.. corporation OF
Charles Town motion to quash the
writ and declaration, which the court
took time to consider.
VIM. J. Knott vas appointed trus-
tee OF the NJ. E. Church, South, OF
Shepherdstown, in place of Samuel N.
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 ths church at the
corner of Congress and Mildred streets,
Charles Town.
A suit in which the legality Of a mar
rage between slaves, although no or
NAL ceremony had been observe1 by
the parties TO the marriage, was upheld
by decision of the court. Wesley
Gordon, q slave, died in 1902 at Har'
per's Ferry, leaving considerable real
estate there. In 1868. just before the
L. ri hu
ident Lincoln, Gordon took up" with
a colored woman, and OF the union one
child, Sarah Gordon, survived. About
1874 Gordon separated from Sarah's
mother, and six years later took out a
regular license and married another
woman, but left no children by her.
Upon his death his brother, nephews
and nieces made claim to his property,
entirely ignoring Sarsh's claim to 1t.
Sarah, the child by the FIRST wife,
fled her bill, alleging her claim to the
property as the only child and heir OF
Wesley Gordon and the second wife
also filed her claim for dover, alleging
that she was the lawful wife OF the de-
oedent.
1t appears that in 1866 there was an
act passed by the Legislature whereby
all marriages between colored persons,
whether under license or not, IL the
same were contaminated 10 good faith
and such persons were living together
as husband and wife in 1855, were
deemed valid. In 1882 the Legislature
amended the act, declaring that where
colored persons prior to February, 1866,
had undertaken and agreed to occupy
the reiation Of husband and wife, etc.,
whether the rites OF marriage had been
solem nized between them or not, shall
be deemed husband and wife, and al
the children born of such living to-
gether recognized by the man to be
his shall be deemed legitimate. After
deciding that Sarah Gordon was en-
titled TO the said property, the question
as to the dover calm Of the second
wife was raised. 1t was claimed that
the second marriage was illegal and the
wife therefore entitled to no dover
but the curt decided that in this case
ha xviInu aptitlad IN dnwnr