Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1912-04-27
S|SSON is GUILTY
OF CAR ROBBERY
Thompson, Palmer and S;sson viii be
Sentenced to Penitentiary Fri
day Morning for Felony

There was only short session of
the Circuit Court Monday morning
and no business of importance was
transacted outside of the arraigning
of the prisoners who are to be tried
at this term of the Court. Holland
Thompson and John A. Palmer plead
not guilty to the joint indictment
found against them for entering and
robbing the H. s. Cushwa hardware
store, and each also pleaded to the
separate indictment found at the pres
-ent term. William Sissoa, indicted for
breaking and entering B. & o. car,
also entered his plea of not guilty
Thompson and Palmer were on trial
today and the trial of Sisson is set for
Wednesday.
On the chancery side of the Court
two DEGREES were entered, as follows:
One of r. III. Boyd, administrator, VS..
N. r. Pike ct al establishing debts
V. Pike and appointing commissions
,1ers to sell the same.
The other was in the case of T. N.
Fitzgerald & Co., against George E.
Anderson, i'm which the real estate
haveing heretofore been sold under
order of the Court, the special COM
missioners were directed to distribute
the money in their hands to the credi-
tors.
Tuesdays Session.
9 4
was wholly taken up with the trial of
Holland Thompson, young man of
Martinsburg, indicted for entering
and robbing the hardware store of II.
S. Cushwa, of a lot of reyolvers. guns,
cartridges and pocket knives on the
night of January last. Roy Hettin-
houser, drought from the peniten-
tiaryl being the principal witness.
At one o'clock this afternoon the
case,was given to the jury without ar
gument. Noll and Downey for the
State; Faulkner, Walker and Woods,
c. E. Martin and Rufus r. Thompson,
of Oklahoma, for the defense.
The first case fir trial in the after
noon was that of the State against j.
Averill Palmer, another Young man of
Martinsburg, on trial for being an ac-
complete of Thompson in the Cushwa
store robbery, and is still on trial as
we go to press. Again Roy Hettin-
houser. this city, serving a term of
two years in the penitentiary for forg-
cry and who "peached" on Thompson
and Palmer while all three young fell
lows were in Jail, was the star wit
ness for the prosecution. Noll and
Downey for the State and Faulkner
and Downs for the defense.
Divorces Granted.
Three DEGREES of absolute divorce
were entered in court Monday in the
suits of Walter Dunn VS. Julia F. Dunn
on the grounds of desertion, defend
ent a nonresident of State; Casper
Ellie VS.. Marie Ellie on the grounds of
-desertion defendant nonresident of
State; Rosa e. Shivlett VS.. George
Shivlett, alias George Meadows, on the
grounds of desertion, defendent being
resident of this county. Fl. A. Downs
is the attorney.
Court adjourned Tuesday evening
at o'clock, took a recess of two
hours and convened again at Z.
1t was thought that the jury in the
case against Holland Thompson, in
dicted for completely in the robbery at
the II. S. Cushwa Hardware store on
the night of the I'd of last January
and whose trial was begun Tuesday
morning, would bring in a verdict at
the night session but those interested
were disappointed. AS told in these
columns, the case was given to the
jury at noon.
Finally at 9:05 p. M, the jury, by
direction of Judge Faulkner, was
brought into the court room, and in
answer to the question as to whether
they had reached verdict the fore
man replied they had not. The sher-
iff then took charge of the jury with
orders TO appear in court Wednesday
morning at $3.50.
1t is understood that the jury stood
g to for conviction from the start,
and eight hours elaboration Qess
one hour for supper made no change
in the vote, three jurors still hanging
out for the acquittai of young Thomp-
son.
The trial Of Averill Palmer indict-
ed for the same ofnense as Holland
Thompson, was concluded at the
night session. The only witness pro-
duced then was Palmer's young wife,
who testified as to the whereabouts OF
her husband on the night of the Cush-
wa store robbery.
Both sides rested then and the
Court read the instructions to the
jury as submitted by the opposing
counsel twenty-five n .nutes were