Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1909-06-10
Circuit Court.

Circuit Court.
! In the Jefferson Circuit Court last week
the leading trial of public interest was
that of the case of Fonrose Shipley, adj
nlinistrator of Melvin Shipley, against the
County Court. The trial of the case was
started Tuesday morning and occupied
the attention of the court three days.
Damages were claimed by reason of the
death of Melvin Shipley, who was en-
ployed with rock crusher operated by
the county, and which, with traction en-
CINE drawing it, fell through the bridge on
the Kabletown pike at Weirick's mill.
Shipley and his brother Silas, with the en-
gineer, John Wise, were riding on the en-
CINE or crusher when the bridge gave
way. Wise was killed instantly; Melvin
Shipley died two days after the accident
from injuries received, and Silas Shipley
recovered. After the evidence had been
closed and before the court had instructed
the jury about the law governing the case,
the plaintiffs counsel asked leave to
amend the declaration in the case by
striking out the word "under" and sub
stituting there for the word "of, thus max
ing the declaration read "the bracing and
supports of the bridge" instead of "under
the bridge" which amendment was made
accordingly by leave of the court. The
defendant then plead not guilty to the
declaration as amended, and asked for a
continuance OF the case which was grant
ed: The jury was then discharged by the
court, and the case was set for trial on
October 81, 1909. The case presented
some interesting questions law and was
ably contested by counsel.
Conklyn Brothers VS.. The Shenandoah
Milling Company: Judge Faulkner denied
an abatement of part of the purchase
money due from the plaintiffs to the Mill
ing Company in transaction connected
with the sale OF the mill property OF the
late George H. Turner at Bloomery mills.
After the purchase by Conklyn Brothers,
but before the title OF the property became
vested in them, the Milling Company en-
tered into contract to "keep the prop
erty insured" A fire destroyed the build
ing shortly afterward, and on account OF
it Conklyn Brothers claimed that under
their contract of purchase they were en-
titled to an abatement of the purchase
money equal to the estimated value OF the
building destroyed by fire. At the time
of the S ale to the plaintiffs the dwelling
house on the property was protected by
a policy taken out by the Milling Com
pany, but owing to the excessively high
rates for insurance on mill property idle
the latter was not ms ured, and it was the
latter that burned. Judge Faulkner held
that the contract TO "keep insured had
reference only to the insurance in force
at the time the contract was made.
lanes ColSton was found guilty OF
misdemeanor, and was fined $50. Curtis
Harrott, the young negro found guilty last
week of concealing a quantity OF brass
and copper stolen from the Washington
Building Lime Company was sentenced
to four months in jail and to pay the cost
of the prosecution. Dan Johnson and
Sarah Williams, David Spencer and In
diana Trent, indicted in pairs on miSde-
meanor charges, were dismissed, the pros
ecution not having sufficient evidence to
secure conviction.
George Strother, convicted Of highway
robbery, in having aided in forcibly taking
money from Aaron Vogeler, German
laborer, at the Virginia Ore Bank, was
sentenced to five years in the penitentiary.
On motion Of prisoner, the order was Sus-
pended, pending an application to the
Supreme Court for writ of error.
]. M. Shaull, James Grantham and VIM.
o. Macoughtry were appointed trustees
of Grace Episcopal Church in Middleway.
Elizabeth Links Administrator VS.. Al
bert Moler; report OF special commission
ers, showing balance of $40 ,6S3.23, after
payment OF costs and administrators ex-
penses, was approved. The balance was
ordered to be distributed among the heirs
Of Mrs. Link, in the proportion OF one
third each to Geo. c. Link, and VIM. c.
Link, one-sixth to Ada Moler, and the
remainder equally among the three chill
dren of Ada Moler as soon as guardian
for them should qualify to receive it for
them.
A motion for an arrest of judgment and
new trial was made by counsel for the
corporation of Charles Town in the DAM
age suit brought against the town by S.
g. M. Rissler and Sallie c. RisSler, in
which the plaintiffs won verdict for ST.
600 was argued, but the court reserves a
decision.
Mary ]. Belleville VS.. Susan L. John
son and others ; report of the sale of real
estate was confirmed.
A. w. Mcdonald VS.. Charles Town
and Washington City Improvement Com
pany; Frank Beckwith and F. w. Brown
appointed special commissioners with
others to sell lot owned by the said I'M
provement company located at the corner
of Sixth Street and Jefferson Avenue,
either at public or private sale, and report
the transaction at future term of court.
Court adjourned for the term Friday.
<t<-----
coeriaI ceryice Sunday