The midland journal. (Rising Sun, Md.) 1885-1947, 1908-01-10
Lerfn Of circuit Court

Adkins and Philemon B. Hopper
on the bench.
Albert Constable, Esq, was
sworn in as States Attorney for
Cecil County, and his bond ap-
proved and filed.
A petition was presented by
members of the Barthat Court stand
adjourned on January s on account
of the Inauguration of Governor
Crothers. The petition was granted !.
The Philadelphia, Baltimore and
Washington Railroad Company,
indicted for obstructing the old
post road at Perryville, was found
guilty on the first count of the in.
dictment, which charged it with
obstructing the public road, but not
guilty on the second and third
counts, which related to the piers
on the new bridge being on the
public road and the river. The
court imposed fine of 81 and costs
and ordered the nuisance abated
within six months.
The suit was brought because of
the three piers of the railroads. new
bridge across the Susquehanna
river which obstruct Broad street,
Perryville, or what was originally
the old post road, and which also
obstruct the landing and prevent
access to the river where Broad
street touches the waters edge.
The company will remove the
end of the embankment which
obstructs the road.
The first case taken up was that
of Frank Rhoades vs.. Mrs. Eva Il.
Pensel, who sued for putting in
Mrs. Pensel's half of wheat crop
on her farm which he had given
up. Joshua Clayton, Esq, for
plaintiff; Omar ID. Crothers, Esq,
for defendant. The jury returned
verdict Of a 90 Cor the plaintiff,
Mr.. Rhoades; bus - the Circuit
Court has ne issls Aion in breach
OF contrast ea~p beFe abe amount
is less than counsel for the
defendant % laesday morning
offered q moliea that 'non pros"
be entered 10 the case, and the
Court 40 ordered.
James Coates, a c0lored youth of
the First district, was tried before
the Court on the charge of assault
with intent to kill Clarence Moore,
y whom he shot in the leg while
under the influence of liquor.
States Attorney Constable for State;
VIM. T. and Henry A. Warburton
for defense. The verdict was
guilty, and sentence of three years
a the Penitentiary imposed. The
ase against Coates for carrying
Oncealed weapons was stetted.
Tuesday The case of State VS..
rank Garner, for larceny of money
,om John Pugh at Bacon Hill, was
led before the Court. Constable
r State; Hester Hess for defense.
ga of guilty entered. Sentenced
one year in Elkton Jail.
The case of State vs.. lobe
own, colored, for assault, was
ed before the Court and verdict
not guilty returned. Constable
State; Joshua Clayton for de-
10.
he next case taken up was that
|muel D. Jones, colored, VS..
Il. Lamm2 executrix of Geo
ANN, for $3.50 on a note he
ID was owed him by Mr..
!. but for which Mrs. Lamm
ed he had received value. W.
H. A. Warburtou for Jones;
S. Evans for Mrs. Lamm
ase was given to the jury
returned in half an hour,
the plaintiff refused to
judgement of tnon pros, I"
cred.
he evening session the case
a E. Whitaker, next friend
brd 3. Whitaker, VS.. Mrs.
Whitaker, was begun be
Court. The case is the
of Bertha e. Whitaker,
the late Clifford Whitaker,
lstody of her Elk year old
prd E. Whitaker, who has
some time in the custody
and mother; Mrs. Mary E.
widow Of the late Ed
Whitaker, of near Blythe
Bird Whitaker, the father of
hid, was accidentally killed
BTal years ago at Dawson City,
aska, by the discharge of rifle
he had been examining in a
fdware store and was in the act
handing back to the clerk. His
widow, Bertha E. Whitaker, whom