The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1913-06-06
SIMILAR CASE NOW ON DOCKET
TO BE ARGUED.
City Gas Case Will Likely BE Settled
BY Court In ChsrIestop-Other
News Of the Docket.

The sensational suit OF Andrew Sea
mon vs.. o. A. Statler. which has occu
pied the attention OF the local circuit
court for some time. was brought TO a
sudden close yesterday when the
judges sitting as the state supreme
court sustained the order of Judge II
{. Hervey in throwing the case out of
court. This was the last action taken
before the adjournment OF court
This decision brings TO a final close
one OF the most interesting as well as
unusual suits ever brought in the To-
cal circuit court. The plaintiff. an
aged man. alleged in his suit fled
some time ago in the circuit court that
Statler bad defrauded him out Of $27.-
300 on alleged bucket shop deals and
fixed horse races. He further alleged
that he entrusted great sums OF money
10 Statler. who was 20 p~urchaes stock
for him. but that he never secured any
stock certificates and that h stool
quotations given him were fraudulent.
When this suit was brought for trial
before Judge II. &. Hervey in the local
circuit court. the court sustained all
demurrers Of the defendant. Mr.. stat
Ter. and threw the case out OF court.
Seamon then carried the case 20 the
state supreme court OF appeals. ask
ing for a new trial. but by the decision
handed down last evening. Judge Her
vey is sustained and a new trial is re-
fused. The case OF Seamon VS.. James
Dyson. who is charged with having
been a partner OF Statler. is now pend
ing in the supreme court. n II Is
probable that the verdict of the court
will he much the same as in the Stat
Ter case.
Gas Case Submitted.
When the supreme court convened
yesterday morning the case OF the Ma
tional Gas company OF West Virginia
VS.. the city of Wheeling was sumhitted
by Solicitor Harold Brennan and At
torney T. s. Riley for the city. and
General Alfred Caldwell for The gas
company. This is one Of the most
important cases at present under ron
siderat.on by the court n an effort
Will be made 70 reach a decision a.
The special term Of court which con
venes I'm Charleston. June Is. Tine gas
company seeks the right 10 sell ma
turai gas for Illuminating purposes in
this city. C~o.'ending that the city ha7
q monopoly and is not furnishing the
gas IN a satisfactory name 10 many
cf the citizens They also contend thu
the Injunction which the city holds.
preventing them from selling gas.
should be dissolved.
County Official Ousted.
one o. tho most prominent dcciS-
IONS rendered by thu court while I'm
session here was that handed down
,eStorda, morning IN The Sims case
- F,ayefte county This case has at
tractcd great attention from the lower
mart 80 tho state as upon IN" decision
has hinged 'he f.t- ~ saloons IN Fay
cite county during the last year OF tho
wet reign IN West Virginia
SOM. tim" aGn q reform clement in
Fatett. Urcf'rr"d charges
against MT. Sims q c"mmisSiouer 81
th- county,. alleging m~t--roudv"t II
criCe. Tho matter wa "trri"d f."
the circuit court ~ that .ouut,. which
removed SINS from "f''". tn" re-
uoval - sims d-etdi"cN.d tn" board
~ commissioner there rcmaininE
ono wet m'mh"t Vh" favored grant
ine saloon licenses f"r th" cnsuinE
year. and ono DRY" m.mh'r Who OPP
posed This plan. Ns sims favored ~"
vets and his plar" ON tho board
meant tr. granting a. l,'u. or 'h-
.aa- W. .srri.a fo 20" supreme court
+ur a vr'' OF error and ~rp' rsrd"a-
hu- Tins was denied Dos rho court This
decision rft.fi.aii- means thar Fav-
&C.," county viI l- dr ous scar h"-
fore fn. row ste." prohibition Low
Other Cases.
TN. aUrf tfInn uf rttHrn'. '' Poe
wo,. Tff.rt Nrfi4 from Do. N.IuIs-
800. u.rit.u'a r-. Vh.T, Doc i~ hold
frr tG. murr Of 90 mHu n va. ~
counts. Wa p, fused l tho court
fr fr. vui. 90 Ntr'tf 81 ~.mw'r-
ard others SIS O: o. T"rr.il and "'h-