The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1907-04-18
Car Discrimination
Gases Are Dismissed
Jndgc Gofr in Lengthy Written opin-
ion Says They Are Not sufic-
lent To BE Vaiid.
THEY CONTAIN no FACTS
Upon Which the Defendant Company
Can Advise Itself for a De-
fense, and Gases End.


The half dozen indictments against
the Baltimore & Ohio Railroad com
pany found by the federal grand
jury at the April term OF United
States court here last year, after a
special charge by Judge a. G. Day
ton on the question of violating in
terstate commerce and discrimina-
tfon in the distribution of cars and
shipments on the part of railroads,
were dismissed in Judge Nathan
Cons court Thursday afternoon.
1t was charged that such discrim-
ination had been shown by the rail-
road company to the Pittsburg Vein
Coal Company and several other coal
corporations in favor of the Fair
mont Coal Company and the New
York Mine Company.
The defendant company later de-
INJURED to the indictments and in
formations and Judge Goff took the
matter under consideration, and
Thursday afternoon in federal court
delivered his opinion, which as usual
with him is an able one.
The various counts were taken up
separately, fully discussed and dis
posed Of The language in them
was not deemed sufficient to set forth
what the defendant company was
really accused of and no facts or
particulars. such as how and when
the discrimination took place.
Judge Cor stated that the capacity
of the mines. the number of cars de-
manded and other requests for ship
ments, together with specific refus-
ais on the part of the railroad com.
pany, should have been fully set
forth in the indictments. He said
the facts must always be stated and
not the conclusions of law made.
Judge Cor accordingly directed
that an order be drawn sustaining
the demurrers to the indictments
and that the indictments be dis
missed.
Judge Dayton was on the bench all
day, excepting the short time Judge
Cor held court.
The grand jury was discharged in
the afternoon. The business Of the
grand jury was light, but eight in
dictments being returned. These
were about all for revenue violations.
The civil docket will be called to-
morrow morning.
An order continuing the case of
Esweeny and Porterleld against the
Carter OH Company, which has been
pending in the courts four or fye
years, was entered. The case has
been to the circuit court Of appeals
and to the United States supreme
court.
The failure to find the original
warrant in the case Of Martin Gluber
of Enterprise, charged with unlawful
selling and resisting Deputy Marshal
Hupp, caused considerable de-
lay in the trial. The warrant was
issued by Col. spates, who claimed
1t was delivered to the proper court
officials, but the district attorney as
serted that it never reached his Of
fee. 1t was proved, however, that
such warrant had been issued by the
proper officer.
A. P. Laughlin, of westernport.
Nd, was tried for and acquitted of
the charge Of violating the internal
revenue laws.
Seymour Cook, of near Moorefeld,
was tried for selling whiskey from a
buggy at picnic at Mooreheld in
September last.
The jury in the case Of seymour
Cook tried for violation Of the in
ternal revenue laws, disagreed and
was discharged from the case. The
case was continued.
SELLS or, wETI. cTr,t,rxrNc