Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1912-01-13
DEMUR TO LIQUOR
INDICTMENTS
Martinsburu Power Co. Pays $1,000 in
Compromise of Lawsuit--Other
Doings of Circuit Court.


A civil case of Importance was tried
in Circuit Court yesterday, This was
Jacob Butts against W. C. Nesmith,
both of the Gerardstown district, a1d
late in the afternoon the jury brought
in a verdict for the defendant. The
case involved a promisory note for
$3.50 in settlement of the partnership
accounts. The defendant claimed that
the obligation was wiped out when
the .,laintiff purchased a sawmill and
engine from the defendant. Emmerl
and Thomas for plaintiff; Kilmer ana
Noll for the defendant.
Another case set for trial Thurs lay
was that of w. W. Downey. COM
u:ttee for Mrs. Mary Mclaughlin, this
city, now an inmate of the state asy-
lum at Weston, against the Martins
burg Power Co. for injuries caused
by the alleged negligence of said COM
many. About two years ago an cleo
trio wire in the eastern section Oh
town was broken down and the pam
tffT accidentally came in contact with
Il and was badly injured. But before
the case was called Thursday after
noon the Power Company compromls-
ed the suit by paying the plaintiff
$1,000. Duwney and Henson for PLAIN
tiff; Woods and Nadenbousch for the
defendant.
Col. S. w. Walker and Prosecuting
Attorney Allen B. Noll argued yester-
cay afternoon on demurrer to the
Martinsburg liquor indictments, the
former attorney moving to quash
them
The petit jury adjourned till Tues.
day. January % at $50 a. m.
Friday Morning Session.
AT this mornings session counsel in
terested in the various indictments for
the sale of liquor without state Ii
cense were heard. Since the argu-
inent of yesterday afternoon on the
aemurrers to all of these indictments
Colonel Walker stated to the court
that he had found additional decisions
of the Supreme Court upon the points
of his demurrers and he wanted to
state frankly to the court that all of
these late decisions upheld indict-
rcents framed in the language of
those presented at this term. and
while he would not withdraw his de-
murrers he presumed the court would
override them, but he desired the
record to show that demurrers were
made, argued and overruled. Colonel
Walker urged another cause for de.
murrer in the cases of those indicted
as q partnership. claiming that the in
dictments were bad against persons
Jointly indicted as a partnership who
held no state license. Judge Faux
ner took the matter under advisenent
and will decide upon the demurrers
next Tuesday morning.
In the case of Jacob Butts against
w. C. Nesmith the court heard the ar
guments of counsel for a new trial
and set aside the verdict found in ia
yor of the defendant yesterday after
noon. but decided nothing further than
to set aside the verdict. He also in.
t:mated that the suit having involved
partnership settlements could not be
heard on the law side of the court
chancery Cases.
J. II, Shaffer VS.. Kitty l. Rothwell
ct al, decree confirming sale of real
estate and making distribution of the
funds in the hands of the bonded
special commissioner.
IT. P. Licklider VS.. Abram Snyder,
order filing petition of a Judgment
creditor
r. II. BOYD. admir- VS.. n. r. Pike
ct al. decree referring cause to a COM
missioner to settle the administrator
accounts, to ascertain the real estate
LETT by Laura V. Pike. the liens
against the same and to report any
other pertinent matters.
r. \. Stewart e. Son vs.. j. William
Miller. decree filing report of bonded
special commissioner and directing a
deed to be made to the purchaser of
the real estate.
T. B. Kettering. admir-. VS. Lydia
Stephens ct al, decree establishing
debts and appointing special commits
sioners to make sale of the real es-
tate.
Vehicle Company VS.. Theodore
Thomas, decree establishing the liens
against the real estate in the order
Of their priority and directing sale OF
same for the satisfaction of the liens
State rs. Mrs. Gertrude Bush, plead
ed guilty and fined $25 and costs for
keeping house of ill-fame.
State VS.. Ruby Mills, pleaded guilty
AID fined $25 and costs for keeping
house or ill-fame.