Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1912-04-20
LIQUOR CASES STILL TIRE TOPIC
Supreme Court Refuses Appeals In
Westenhaver and Baker casses
Other Court Notes

! The csses of the State OF West vir-
ginia against George T. Ii. Baker aid
Charles A. Westenhaver. both OF
Tom We're convicted for selling liquor
without license at the January 1919
term Of the court, were continued to
May is ct which time special term
OF court will be held. This action was
taken because the supreme court of
appeals had not vet passed upon the
appeals. But in the evening a tele-
gram from J. O, Henson to prosecut-
ling attorney gave information that the
court Of appeals had refused to allow
the appeals.
In the casaes Of the State Of West
Virginia against f. V. Powell. Frank
Martin Fred Raakins, Wilbur Thurs
ton and G. w Baker, also convicted
at the January term of court for SELL
ing liquors without state license
each of the defendants gave bond for
thteir appearance at the September
term of court. These defendants have
not had their trials. but it was 81
pected that they would either enter
pleas of guilty Of have their cases
tried upon the most recent decisions
Of the suprece court.
/ John MacDaniel, indicted for malic-
ious cutting Of Charles Dugan, pleaded
not guilty and his case is set for April
la. Fl. A. Downs represents the de-
4 PENDANT.
The cases of the state OF w. Va,
1 AGAINST Hollann THOMPSON and J, A.
Palmer, for breaking into the r. s.
Cushwa hardware store We're set for
trial on April %. Faulkner Walker &
/ Woods represent Palmer together
lIwith Downs & Felker..
The trial of William ssson for
breaking anad entering a -. & o.
freight car was set for April "a
The first jury case tried at the pres
ent term was that of c. ] Spaulding
against Harriet T.. Mrndey, Joseph
Mundey ann J. J. Hetzel, whichc was
an action on a note made by the Nun.
dey's and endorsed by Hetzel, who
claimed that because of failure to
protest the note he was no longer liza,
BILE for the payment thereof Martin
4 & Seibert represent the plaintiff and
Messrs. Zirkle and Williams the de
PENDANTS.
This afternoon the jury brought in
a verdict for the plaintiff for s34S0
Wednesday afternoon in the present
term of circuit court the jury returned
verdict in the case of G. J. Spauldine
against J. J. Hetzel for 1920 and the
costs Of the suit. A motion was made
however, for new trial, which will
be argued at later day OF Tie term.
The court was engag u the entire
time today in the trial OF the case o
w. c. Locke against G. G. Grove foi
islander, malicious prosecution. ans
: false arrest and Imprisonment. d. w
Il Snyder, Jr.. represents the plaintiff
and H. H. Emmert and W. II. Thomas
! are looking after the interests of tn,
defendant. The case arose out of tn,
sale of horse. In 1903 c. G. Grow,
: purchased horse from Frank Russell
and it was claimed that the plaintiff
f had been associated with the partr
who sold the horse for which Grov,
paid $4,000 and which afterwardi
proved to be stolen property From tbs
evidence thus far it appears that th'
plaintiff win offer to show that Grow,
caused the arrest OF Locke and tina
Locke was not the right man blu
some other person had assisted in ne
gotiating the sale to Grove The cas-,
will probably take up part of tomor
row.
The case OF Zack Gilkenson Mar
tinsburg. against the b. & o. r. r. Co.
FLOR ejecting him from train, is Sc
for tomorrow
Mrs. Miller Loses Appeal
The court of appeals has affirmed
Judge E. Boyd Faulkner's decision il
the appeal of Mrs. Annie Miller, a,
ministratrix, VS., the Berkeley Lime
stone Company. The arguments il
this case were made more than a yea,
ago by Messrs H. H. Emmert, OF Mar
tinsbuurg and Forrest w. Brown, o
Charles Town, for the company AM
4 "uANiANlt w amer CG NOOlS lOT the nc
ministratix. The case came up twic,
in the local circuit court and the judg,
: on the last occasion set aside the iur,
verdict Of $4,000 to the plaintiff for tn,
: death OF her husband. She appeale,
with the re suit noted.
Creque Goes to Jail
John P. Creque. one Of the Martins
. burg men found guilty a. the January
, term OF court, OF the Illegal sale O
, liquor, and who was sentenced to -four
months in jail and given fine Of 800
and like the others was released on
, bond pending a decision of the Su
preme court of appeals, appeared il
court about four O'clock Tuesday after
noon and was turned over to Sherin
r. u. Referring, who took him to jai
Wants 70 Re Naturalized
Rabai Milton Levin or the Jewish