Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1909-10-26
Circuit Court


regular October term of the Jefferson
Circuit Court convened on Tuesday.
The FIRST day of the term was taken up
by the Grand Jury of which former
Deputy Sheriff James Grantham was
foreman. These made up the Grand
Jury besides he foreman: j. D. Derr,
J. T. Campbell, James ". Eagan, VIM.
C. Frazier, John F. Ware, H. H. Hen
bricks, Thos. w. Bealle, Geo. w. En-
gle, John F. Myers, D. j. Bush, Robt.
L. Withers, James w. Marshall, B. S.
Pendleton, John Keller, and Joseph Ba-
den.
In his charge to the Grand Jury,
Judge Faulkner called especial atten-
ton to the provisions of the johnson
pistol law, and to the new law regula-
ting the conduct of licensed saloons.
Emphasis was placed on the provisions
in regard to having lights burning in
saloons at night; the removal of OBJ
structions to the view from the outside
of the building, and the inhibition
against the saloon proprietor or any of
his employees going into his place of bu-
siness between midnight Saturday
night and five o'clock Monday morning.
Referring to the Johnson anti-pistol
toting law, the court reminded the
Grand Jury that the act does not pro-
hibit the carrying of pistols alone, but
provides penalties for carrying any kind
of deadly weapon, whether pistol, ra-
zor, metal knuckles or slung shots.
The same punishment is provided for
all persons found in possession of any
such weapons, it being just as serious
a breach of the law to carry one as the
other. Asked by one of the jurors how
saloon keeper could have lights burn
ing in his place of business without GO
ing in there to start them during the
hours he is denied the privilege of en-
tering, Judge Faulkner stated that the
only lawful way for him to do would he to
leave the lights burning all day Sun
day.
The Grand Jury was in session all
day, it being o'clock when they ad-
journed. An unusually large number of
witnesses were examined. The follow
ing indictments were returned:
State vs.. w. H. Miller, two on felony
charges.
State VS.. John A. Emmert, felony.
State VS.. John Fox, felony.
State VS.. James Erby, felony.
State VS.. Henry Keys, felony.
State VS.. j. W. Cornell, two indlct.
ments for felony.
State VS.. John Spinks and VIM. Hen
messy, misdemeanor.
State VS.. B. & 0. Railroad Company,
misdemeanor.
The case of Fonrose Shipley's admin
istrator VS.. the County Court, was con-
tinued Until February 10, 1910, on
account of the absence of James M.
Hendricks, an important witness for
the defendant
The property levied on under attach
ment proceedings having been disposed
of the case OF the Bank Of Harper's
Ferry VS.. w. A. Wrenn and others, was
dismissed from the docket.
Clarence E. Martin, Esq, of the Mar
tinsburg bar, was. upon motion of For
rest W. Brown, admitted to practice in
the court, and made his first appear
ance for the defendants in the case of
George H. Hagley VS.. J. C. and John
Blue. Pleas of defendants filed and a
trial at the present term of court ask ed
for on the issues joined.
A judgment by default for S., 904. "a
was entered against the Harpers Ferry
Timber Company. The plaintiff in the
case was the First National Bank, of
Connellsville, Pa.
The first jury trial of the term was that
of civil suit for damages brought by !
Lee Enele against Robert w. Clendenn-
ing. The plaintiff claimed 800 for fhe
loss of coon dog that was shot by the
defendant who found it on his premises
at night. The defendants attorney
demurred to the evidence and the verdict
which was for one cent damages was
returned subject 10 the decision OF the
court on the demurrer.
petition by { Fl Tabh, guardian
of Franklin w Kremer was presented
asking authority to sell certain real estate
owned by the ward in Shepherdstown
The subject of the petition was granted,
and S. Braqoner was appointed
special commissioner to conduct the sale
subject to the approval Of the court
The trial of the felony indictment
against John Emmert was set tor WEDGES
dav, October 81
No trial was held in the case of r.
Campbell VS. w, Z and H. !. Myers, on
account of the absence of material
witness for the defendant, who supplied
the certificate of physician showing the
disability of the witness
Court adjourned from Friday until
Monday
Hcw's- This