The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1908-01-11

cOuftneus attcf u IeStos id'tihh otSt
the holidays, Monday morning, at
1890 O'Clock, with Associate Judges
William III. Adkins and Philemon b.
Hopper on the Bench.
Judge Adkins announced that, in the
case OF the State VS.. the Pennsylvania
Railroad Company for obstructing the
Old Post Road at Perryville, the
Court found a verdict OF guilty in the
first count and not guilty in the other
two counts. A fine oi 81 and the costs
OF the prosecution was imposed, and
the Company was ordered TO abate the
nuisance within six months.
This case was an attempt by the
County Commissioners to force the
Railroad Company TO abate an alleged
nuisance caused by three piers of their
new bridge across the Susquehanna,
obstructing Broad street in the town
OF perryville, or what WAS originally
the Old Post Road, and also obstruct-
ing the landing and preventing access
TO nayigablc water at the point where
the said Broad street touches the
waters edge The county claimed
that the Old Post Road is by act OF AS
sembly created 90 feet wide, also that
pier No l aud an embankment of
earth obstruct the so foot road.
The verdict OF the Court was that
the embankment did obstruct the road.
Albert Constable was then sworn in
by the Court as States Attorney, and
his bond approved and filed.
A petition from the members OF the
Bar, to the Court TO adjourn on jan
uary s, in order that the members
a..
monies on that day, was heard and
granted
The case OF Frank Rhoades VS.. Eva
X. pcnsel was then put ON trial before
the following jury:-Charles r. Foard,
Foreman: George NJ. ID. Forwood.
Philip A. Rickard, Edward w. Taylor,
John Burke ]. Frank Blake, Henry {.
Hess, William {. Brogan, Hugh
Thompson, Joseph Hinchliffe and VIII
lam Clifford.
Witness were. Tor the plaintiff
Frank Rhoadcs, Charles Rhoades,
John McCool, Jr, John McCool, Sr.,
Elzcv Wright. George H. Howard and
W. \. Mitchell: for the defendant
Mrs. Eva X Pcnscl and Mrs. Mar
gare, McKcnncy
Rhnadcs was tenant on Mrs. Per-
sells farm for the year beginning
March IS, 1000 and on August ,, 1000,
4 gave up the farm becapsc he was unable
: 10 carry on the work Mrs. PenScl
agreed and made arrangements ipr an
other tenant Rhoadcs stayed on till
the following March and planted IS
acres % wheat for Mrs. Pcnscl that
she refused Ia pay him for, claiming
that rs he did not leave the place he
was still practically living mp to the
lease. although verbally il had been
broken Rhoadcs therefore brought
suit for putting in the wheat and SOW
ing timothy seed, and also for $3.50 for
hall of some fodder sold from the
farm. Joshua Clayton for the plain
tiff; Omar y. Crothcrs Tor the defend
ant.
The jury retired at 5l5 p. m. and
returned a 50. with 4 verdict IN favor
OF the plaintiff. assessing the damages
at SIoo.
Monday afternoon thccaSc oi the
State VS. James Coates, Culnrcd. was
put on trial before the Court. Coates
was indicted by the Grand Jury Tor as
saulting with intent "a Kill Clarence
Moore, colorcd.
The facts brought out IN this ease
were that on the night oi November
80, 1907. Coates was drinking and act
ing in diSordcrly manner in front OF
Frisbec Boycrs restaurant in Cccilton.
George j.. Boyer. brother oi the
proprietor, remarked that he would
have him arrested ii he didn't stop it
Coates heard him and opened the door
and shot into the crowd standing in
the room, striking Clarence Moore.
Albert Constable for the State and w.
r, and Henry a. Warburton for the
defense. The States witnesses we're
George Boyer, Clarence Moore. Alex
ander Wilson. Jesse Turner, James
Bacon. Harry Hall. Fred Moore, lobe
Miles and George NJ Miliken The
defendant offered no testimony.
The Court found the prisoner guilty
and sentenced him To three years in
the Maryland Penitcntiary.
Joshua CLAYTON, Esq. attorney for
Frank Rhoadcs moved that judgment
oi mon pros" be entered. The Court
having no jurisdiction over suits for
sums less than $50, so ordered
TUESDAY.
The case oi the State vs.. Frank Gar
ner, indicted for entering the house
OF John Pugh, at Bacon Hill, and
stealing money, was tried before the
Court. Garner pleaded guilty. After
hearing the following witnesses for
the State, John PuRh. Oliver u. Logan
and Cecil Kirk, and for the defendant
Frank Garner. Stella Chew, J. Wes-
ley McAllister and ! Myron Miller,
the Court gave a verdict OF guilty, and
sentenced him To- one year In the
county Jail Albert Constable for the
State. and IIeister Hess for the de-
iendant
The case OF State vs.. lobe Brown,
colorcd, for assault. was tried before
the Court and verdict 81 not guilty
returned Constable Tor State; Joshra
Clayton for defense.
The case of Samuel Johnson VS..
Mrs Mary T. Iamm. eXccutrix to
George w. Lamm, was then put on
trial before the following jury-Georgc
Ea~u,,ta,,. Th.rius u