Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1909-05-25
Circuit Court Proceedings.

Circuit Court Proceedings.
The regular May term of the Jeffer-
son Circuit Court was convened on Tues
day morning with Judge E. Boyd Faux
ner on the bench. In delivering his
charge to the Grand Jury, Judge Faulk-
ner took occasion to explain some of the
provisions of the recently enacted laws
bearing upon criminal offenses.
Considerable attention was given to
the new pistol law, the court explaining
that the law refers to weapons of every
sort, and not to pistols alone. He said
that nobody can now carry a weapon
lawfully without first giving bond in
penalty of $500. People other than
officers of the law must do more than
give bond. They must first obtain IL
cense at cost of ten dollars from the
CountyClerk- The penalty for violation
of the law is sentence of six months
to year i'll the county Jail for the first
offense. On second conviction for car
rying concealed weapons unlawfully, the
penalty is term in the penitentiary.
The Court appointed C. w. Henshaw,
foreman of the grand jury, the follow
ing free-holders comprising the jury:
John F. Myers, Geo. W. Shull. J. T.
Nichols, Frank Trussell, George Baum
gardner, D. z. koyer, lack T. Fleming,
John P Rissler, John L. Burns, L. R.
Huyett, Chas. Ronemus, w. T. McQuil-
kin, W. E. Osbourn, G.. E. Hughes and
Thos. L. NARROW.
INDICTMENTS.
Earl Morrison, Highley Roderick and
Clarence Littleton, robbery; Bennett
Wood, criminal assault; Curtis Parrot,
colored, burglary; and W. L. Irwin,
postmaster at Harper's Ferry, for fail
ing to obtain an automobile license.
The demurrer in the case of C. F.
Wall VS.. Walter Shipman, and the Citi-
zens Trust and Guaranty Company was
overruled, to which the defendants ex-
cepted. The demurrer in the case of T.
]. Campbell VS.. W. E. and H. j. Myers,
was also overruled, and set for trial on
the second day of the next term of court
The Winchester and Washington City
Electric Railway Company through its
attorney presented petition to have
certain lands of Thos. H. Harder in this
county, condemned for its use. Harder,
the owner of the land, opposed the con-
domination proceedings, with the claim
that a public service corporation char
tered for the purpose of supplying light
and power, cannot lawfully condemn
land for such uses The matter will come
up for argument later.
Elizabeth B. Shepherd and others VS..
Sallie S. Butler, and others; it appear
ing that Laura V. Shepherd one of the
parties to the suit had reached the age
of twenty-one years, it was ordered that
the funds in possession of Elizabeth
Shepherd as guardian be paid to the
said Laura Shepherd.
John Hamilton, administrator, John
B. Sprigg VS.. A. L. Ballard and the I'M
known heirs of John 3. Sprigg; referred
to Cleon Moore, commissioner to ascer-
tain the debts, the value of the personal
property, if any, and of the real estate
of which john B. Sprigg, died seized,
and to report on the same.
The court rendered a judgment in the
case of G.. Horace Gallaher, VS.. Salle
w. Starry, taken under advisement at
the last term. To the plaintiff was given
the tract of land involved, located on the
Kabletown turnpike in the southern sec
ton of Charles Town, eand known as the
Sandy Cullen lot, together with $500 for
the rent of said lot for the period of
time the same has been in possession
of the defendant. 1t will be recalled that
Alexander Cullen more than 25 years
ago gave deed to the lot to DR.. j. D.
| Starry, and also one to Mr.. Gallaher,
neither deed was put on record at the
time, but later both were filed for record
on the same day within an hour or two
of each other, the Gallaher deed going
to record first. Mr.. Gallaher paid the
taxes on the lot regularly, while the
rights of ownership were exercised by
DIR. Starry. The intimacy between the
| two families prevented settlement of
the question of rightful title to the land
until after the death of both grantees
in the deeds from Cullen. and the judg-
ment there handed down is the first and
only settlement of the dispute.
Judgment by default was entered
against Henry Miller for S4oI SPIN favor
of Elias Wlneland. and Abe Strouss.
trading as partners.
The first jury case tried was that Of L.
| Virts VS. Geo Iv-rson, which was
"a, III judgment or Justice
P--e Verdict tr SIS favor
o Il Yrs Ear orrison. High
lev Rodrlck aud Clarence Littleton will
b. given trial on Wednesday. May 90
The dam ge suit OF 5 G N Rissler against
the Corporation OF Charles Town was
concluded at noou on Friday, resulting
N verdict for the plaintiff for $1,000.
Geo d Moore and { N Campbell; T c
Green for defendant.
" H H Roper vs. c Ramey. Yer
dict in favor vi defendant.
/ Court adjourned from Saturday until
Tuesday.
/ Owing to the absence of Col Forrest