Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1912-02-03

| Frank Myers was then called to
the stand. He swore that early In
I last December he went to- Charley
Westenhaver's saloon and bought a
/ pint OF whiskey, paying 50 cents for
| t.; that few days afterwards he
vent back for another pint but was re-
fused, "the coast not being clear"
e. f. Hess was the next witness.
He swore that last November he
bought quart OF whiskey from Wes-
tenhaver In his Office upstairs above
the saloon, paying him one dollar for
it.
The State then rested his case. As
stated before, the defendant brought
forward no evidence and the case
vent to the jury at IL minutes of IL
o'clock, returning shortly with a YER
Gict Of guilty as charged in the i1dict-
ment.
Fl. II. Fmmert, counsel for the de-
IfeLdant, Immediately moved for new
trial and an arrest Of judgment pend
I ing it's decision. Westenhaver was
released on $500 bond, furnished by
Harry Lord, for his appearance IN
court on Thursday morning, February
1st.
Tuesday Afternoon Session.
Tuesday afternoon the trials of the
Martiasburg liquor cases in Cir nit
Court took a sudden though not en-
tirely unexpected turn. AS told here
in, the jury in the Chas. A. Weston
haver case returned at noon that day
with verdict of guilty as charged
In the Indictment George T. H.
Baker and John p. Creque having pre-
viously been convicted this term of
selling liquors without a state license
since the first of last July when the
town went dry"
Shortly after court convened Tues
day afternoon Col. Walker, counsel
for the defendants, appeared at the
bar of court and stated that inasmuch
as the evidence in the case of the
State against Martin & Powell, set for
trial Thursday morning, would be SINH
lar to that in the three liquor cases
already tried, and no question of law
being involved, he would advise his
clients to plead guilty, provided the
Supreme Court refuses to grant an
appeal This action applies, also, to
Rankin C Thurston (whose case was
continued to the April term of court
by reason OF the illness of Mr.. Ran
kim and Charles w. Baker, of the
Colonial Hotel, all of whom were in
dicted by the grand jury for the IL
legal sale OF liquors.
In view of the fact that the three
liquor cases tried at the present term
of court have put the county to
heavy expense, and the State desiring
to save further cost, therefore con-
scented to Col Walkers proposition.
The next step in this epoch in local
history is the petitions for writ OF
error to be presented to the Supreme
Court within the next few days, and
soon thereafter it will be decided if
an appeal Is to be granted. Col. Wal
ker stated that he wanted the Attor-
ney Generals Office represented when
the petitions are presented.
The court stenographers, Miss
Amelia Davis and Miss Lorena HODGE.
will begin the work of transcribing
the testimony as soon as possible,
which will require some time, and the
record will then be made up by Court
Clerk Gerhardt.
Wednesday Morning.
Court convened this morning at go
The first case called for trial was
the State against Frank Morgan, col
ored man employed as manager of the
lunch counter in john P. Creque's sa-
loon, indicted for selling liquor with
out a state license. The State hav-
ing no evidence to submit the jury
not guilty. 1t is a noteworthy fact
that this is the first man to go free
OF the several indicted for the illegal
sale of liquors in Marti1sburg. 1t is
generally believed that if he sold any
whiskey at all it was for Creque's
lbenefit.
Case OF p. Welty & Co, of Wheel
ling, against Thos. M Youtz, this city;
decree establishing liens and direct.
ing sale of real estate to satisfy the
Tens.
/ Court adjourned at 10 o'clock till
Thursday morning at $50 when mo.
ton for a new trial in each OF the
liquor cases will be heard and acted
upon.
i Thursday Morning Session.
i Court convened this morning at $3.50
for the purpose of hearing motions
for new trials in the cases of Geo. T.
II. Baker, John p Creque and Chas
A. Westenhaver.
Counsel for the defendants had
nothing TO urge at the bar of the
court to sustain their contentious for
a new trial except in the Creque case
They presented the affidavits of ]. p.
| Cranup Clarence Ruxton and Mrs