The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1912-04-15
IMPORTANT RULING
BY JUDGE HERVEY
~ TIE scrEss POISONING CASE
sATuRoar IN CIRCUIT COURT.
nstter Came Up On Notioa ~ Mr..
ranoisn 90 Rave Trisi % Fee
Case Postponed

Before Judge Hervey Saturday In
the circuit court. Attorney J. h. Hand
Ian submitted arguments IN support
Of his motion to have the trial Of the
case OF O'Brien 4 O'Brien and Boyce
". John Schenk continued until the
next term OF the circuit court The
suit is one in which the plaintiffs seek
20 recover $4,000 fees for defending
Mrs. Schenk in the poisoning case.
In addition to the argument OF Mr..
Handlan and the counter argument OF
Attorney John A. Howard. counsel
John o. Schenk was taken following
which Judge Hervey made a very i'm
portant ruling in the case.
The ruling came after Mr.. Schenk
had been placed on the stand and
testified that he knew nothing OF the
poisoning of himself until after the
arrest of his wife: that he had moth
ing to do with her arrest and had
paid no money toward her prosecution
and had nothing to do with the mat
ter Mr.. Handlan submitted an az
fidavit in which he submitted some
OF the evidence given in the poisoning
trial in the criminal court and stated
TO the court that on account OF hav-
ing to get the dispositions OF Prof. c.
Chaser Of the Johns Hopkins Unicer-
sity and Prof. ]. w. Mallat, OF the Uni
versity OF Virginia and Dan Phillips.
and being unable to get these in time
for the trial on May s asked that the
case be postponed.
e. .MObeP y. mol. .t1Ot
Attorney Howard contended that
Mr.. Handlan should not bring in any
testimony that was given in the
criminal court for the reason that II
has nothing TO do with the civil action
which is for fees
Judge Hervey ruled that IL Is not
/ necessary to prove the woman's guilt
| beyond a reasonable doubt. but IL was
necessary to prove that the officers
were justified in placing her under
arrest Further that il depends on
circumstances whether or not she was
entitled to bind her husbands credit.
He also held that IL is up to the plain
tin TO show that Mrs. Schenk was not
at fault and this portion of his ruling
is considered 10 be an important one.
as IL will have a direct bearing on the
trial of the fee case.
To Argue Jewel Case.
Judge Nesbitt entered an order on
motion OF the plaintiff. setting the
arguments on the bill Of exceptions in
the case of Laura F. Schenk VS.. Glenn
+. Peters. for April pa An order filing
her exceptions TO the defendants
answer was also entered.
Il Judge Nesbitt also entered an order
in the suit of the South Side Bank OF
\ Wheeling vs.. the Centre Wheeling
Savings Bank. sustaining the excep-
lions tn the report of Special Com.
missioner Krupp in reference TO the
sale OF the John Warehouse property
on the South Side.
l Other Cases.
Il Special Commissioners NJ. LETTERS,
J. W. Adams and w. G.. Caldwell re.
ported on the sale OF the Waterhouse
Bros property on Main street. to-
gether with the receipts and disburse.
ments amounting to s253OO. and asked
that the report be audited and ap-
proved This was done. found correct
and the commissioners discharged by
Judge Nesbitt.
Judge Hervey issued an order dis
missing the $1,000 Islander suit OF
Laura Willis vs.. August Hoffman. and
placing the costs on the defendant.
Mrs. Amelia Beck. mother OF the
above woman, also sued for SANDER
but lost her suit
A suggestion in the case OF Barrett
Manufacturing Company vs.. Henry
Robrecht. was taken before Judge
Hervey and the evidence submitted
several days ago. The court ordered
that the garnishees be dismissed and
that they recover their costs from the
plaintiff
An order was entered by Judge Her
ycy In the case OF Lawrence NJ Mtu.
ply. administrator OF Ellen Murphy
VI. Louis Hoelsche. ct al. confirming
the sale OF some property By the
special commissioner
motion for a new trial In the case
Of Edward Price vs. Anna B Chew
was overrulfd by Judge Hervey. The
motion was made by the plain
was given small verdict AZ the trial
OF the case a. the last term.