Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1912-05-04

mothers. $500 for loss Of colts; $500
for loss of mare; $4,000 for injury to
! person; $500 on account Of offensive
odors. etc. and $40 for loss Of ducks.
i During the course OF the examina-
| ton IN chief ii was developed that
Newcomer and +. r. Eichelherger
were jointly interested Ia the losses
claimed and the defence al once seq
up the plea OF partnership which plea.
| If established. would defeat the plain
tins individual action. The counsel
FOR defense went into rigid cross ex-
animation and developed testimony
which showed that there we're grounds
for the defendants plea. Arguments
were made ut the afternoon session
and continued until Tuesday on
this issue and the court finally decided
that partnership did exist and ex-
olnded all OF the evidence of the plain
tin except az to the ducks valued at
ten dollars. on this item alone the
case went TO the jury and was argued
By counsel for few minutes. and at
i1a0 the jury retired TO consider what
verdict they should render. The jury
was not long in considering. and filed
into the court room II exactly twelve
o'clock and through Thomas w.
Eearns. foreman handed their YER
diet TO the clerk. The verdict was as
follows;
I'VE the jury on the issues Joined,
find the defendant not guilty. tStgned)
Thomas w. Kearns, foreman"
| The plaintiff at once made his mo-
tons for arrest OF judgment and TO
set aside the verdict of the jury.
The case was conducted by ID. w.
snyder, Jr.. and Forrest ". Brown for
the plaintiff and Chas. Il. Williams $.
w. Walker and ]. NJ. Woods for the
| defendant
| The s. J. Dixon damage case was
continued to the September term OF
court.
Cases Continued.
The case of Frederick Snyder
against the City Of Martinsburg WAS
continued until the September term OF
the court. The first thing done at
Wednesdays session OF court was
the drawing OF the jury, which being
| impaneled. the plaintiff moved the
Court to allow him to amend his dec
laration The amendment asked for
would allow the plaintiff 70 claim dam
ages because the denfendant caused
the pollution of the Tuscarora creek
by emptying matter. not into the
creek itself. but into some Of either its
tributaries or drains leading into the
creek which caused the pollution of
the waters.
| The Court allowed the plaintiff six
ty days within which to amend the
declaration and because of the amend
ment the defendant stated his unreadi-
ness to 20 to trial. whereJpon the case
was continued at the cost of snyder.
The case OF S. j. Dixon against the
City was also continued tor the Same
reason till the September term OF
Court
The following were the proceedings
In Circuit Court today. all being chan
Gerry cases except one:
Mary II. Pitzer and others against
Rebecca X. Parlett and others; decree
directing the special commissioner,
| w. II. Thomas, to distribute the funds
In his hands relative to this case.
]. G. Wolf against Nellie Snyder
and others. decree iismlsslng the
case, all matters In controversy hay-
ing been settled.
s. s. Felker against John Rixley
and others, decree dismissing the case
| all matters in controversy having
been settled.
Appointment of A. G. Jackson as
trustee OF the Methodist parsonage at
Bunker Hill, in place of A b, Balm, de
ceased.
Appointment OF Norman q. Shipe
and Charles Il. Shipe as trustees OF
the Methodist church at Darkesyille,
in place of A. b. Balm and w. II. But
Ter deceased.
The will case OF Unger against ing
err, Falling Waters. 10 being argued be-
fore Judge Faulkner. II. II. Emmert
for plaintiff and Geo. M. Beltzoover,
Shepherdstown, for defendant.
Divorce Granted
/ A decree OF divorce was entered
this morning in Clerk Gerheardts Of
fee in the case OF Ollie II. Long
against Charles Long on the grounds
TO desertion. Both parties live in this
county.
In the case OF A. +. Payne against
e. C. Payne and others, and ]. 5. En-
DRY against w. l.. Payne and others;
decree confirming commissioners re-
port and distribution Of the funds.
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