Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1912-04-27


the defense, prosecuting attorney Noll
closing for the State. The jury then
retired, which was about $3.50 o'clock.
The jury in the Palmer case was
brought into the court room at the
same time the Thompson jury was,
and not having found q verdict vet,
was also placed in the custody of the
sheriff with orders to appear in court
Wednesday morning at $50.
Case Continued
The case against Joe Bosic, for
eigner who runs store at the Bunk
er Hill quarries and who was indicted
for selling liquors without a State Ii
cense, was continued till the Septem-
Der term of court. Bosaic gave bond in
the sum of 5000, Harry Lord becoming
his surity. This procedure was TAX
en- because the witnesses for the pros
ecution are Federal prisoners and
have been taken to Jail in Parkers-
burg AS they will not be returned
till about the 7th of May j. will be too
late for the present term of court.
wednesdays session
Never in the rejection of the judge
or members of the bar Lave two jur-
les in felony cases been locked up ov-
er the same night being held in the
endeavor to reach verdict.
The first case was that against Hol-
land Thompson, who was indicted for
breaking and entering H. S. Cushwa's
hardware store and stealing revolvers.
knives and cartridges. This robbery
took place on the night Of Jan. 2, 1912
and for a long time the officers made
vain efforts to trace the criminals.
The second case was against John Av-
Grill Palmer, who was indicted for the
same offense.
The chief evidence in both cases,
outside of circumstantial evidence
that was found later, was the testi-
mony of Roy Hettenhouser who was
in January last sent to the peniten-
tiary for term of two years for forg-
cry. Henttenhouser had been the
companion of Thompson and Palmer,
and while in jail they frequently visit
ed him. Hettenhouser subsequently
told of confession they had made to
place of the goods that were stolen. A
search warrant developed the truth of
Hettenhouser's statements and enab-
led the officers to find additional evil
dence which established the guilt of
Thompson and Palmer. Both cases
were stubbornly contested. Faulkner,
Walker and Woods, and G.. Z. Martin
and r. B. Thompson the last of Okla
homa, defended Thompson and Pal
mer's interests were cared for by
Downs and Felker
The Thompson case went to the
jury Tuesday at 100 p. m. and the
Palmer case was given to the jury
that night about $3.50 as told above.
Both juries were unable TO agree and
were sent to their rooms to deliber-
ate all night. This morning verdicts
of guilty were found when court con-
vened at $3.50 and in both cases mo-
tions were made for a new trial.
John Mcdaniel, who was indicted
for malicious cutting of Chas. Dugan,
by leave of the court withdrew his
plea of not guilty entered at former
day of the term and pleaded guilty of
unlawful cutting.
Herbert Minor, indicted for shoot
ing Charles Steppy, entered plea of
unlawful shooting. In both cases the
court deferred passing sentence until
later day of the term.
William Sisen, indicted for break
ing and entering B. & o. railroad
car was tried this morning. Defend
ant was represented by Martin and
Seibert.
Casper Ellie Wednesday was grant
ed decree for absolute divorce from
Marie Ellie, on the statutory grounds
of desertion of defendant for more
than three years.
Tuscarora Pollution
The principal civil suit at the pres
ent term of court is set 3or trial early
next week. This is the case of B. b.
Newcomer, Fred Snyder and S. j. Dix
on against the city of Martinsburg for
alleged damages sustained by the pol
luton Of the Tuscaroro creek that ira
verses their lands east of town, and
they sue for 100000 damages.
At 4.45 O'Clock Wednesday evening
the jury in the William Sisson felony
case (breaking and robbing B. e. o.
car near the G. V. bridge last Novem-
ber) brought in verdict of guilty,
with a recommendation for mercy.
Martin and Seibert, counsel for Sis
son, Immediately moved for new
trial
This disposes of the three criminal
cases for trial at the present term OF
court, and marks the breaking up of
a gang of young outlaws that have
committed an untold number of
crimes, chiefly robbery, for couple
years or more in this community. All
are familiar with the inside of jail
but none of them has ever been in
the penitentiary.
Another member of the same gang,
Roy Henttenhouser, was convicted of