The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1920-12-04
BOARD
CASE BEFORE
CIRCUIT COURT
Ross Property on East
Side Wanted For
School

That desirable neighbors en-
I hance the market value of real es-
tate was the opinion given on the
witness stand this morning by at
torney Ira L. Smith under cross
examination by Attorney Harry
Harry shaw, of counsel for the
Board of Education of Union 1nde-
pendent School district, who are
seeking to condemn the property
of Mary and Mike Ross, on Nor
gantown avenue. Mr.. Smith was
giving testimony regarding the val
ue OF the property In the vicinity
of the Ross home, and was ques-
toned by the attorney on the sub
ject OF just how much the value
of property might be increased or
lessened by the kind Of neighbors
in the immediate vicinity. Asked
to specifically mention the value
of Mr.. 1 Funt of Morgantown ave-
nue. as a neighbor, Mr.. Smith paid
a high tribute to the character Of
Mr.. Funt as a man and a citizen
in general but could not state just
how much that encomium might be
worth in terms of dollars and cents
At this point, both the spectators
| and jury were on the qui vive ex-
pecting the attorney for the board
who lives in the, neighborhood Of
the Ross home, to ask the witness
to place a pecuniary value on his
own juxtaposition to the property
in dispute, but Attorney Shaw, per-
haps wisely, refraiued from pursu-
ing that line of questioning any
farther.
The hearing Of the case was be-
gun Yesterday afternoon before
Special Judge E. NJ. showalter and
q Jury in the circuit court. mad
, Cition to Mr.. Smith GuytL. Carter
John Fortney, John. w Mason Jr.
I-FIowE wErd adams, q. r. Crane; 4. q.
Arhett and NJ. A. Jollfte gave their
testimony as to the value OF the
Ross property, placing the valua-
tdon at sums ranging from $4,000
to $18,40O.
Attorney Harry Shaw and E. 3.
Carskadon represent the plaintiff
and Clay D. Amos and NJ. w. Og-
den the defendants.
Following are the names Of the
jurors. w. C. Boone, Lee Parrish,
H. F. Martin, Omer Morgan, T. ].
Ice, J. E. Fisher, A. L. Currey, E.
T. Price, Harvey Shain. David B.
Straight, A. c. Hawkins and James
A. Nicely.
Tony Massis, who was arrested
at McKees Rocks, Pa. last We'd
nesday, by Deputy Sheriff Howard
Woodward on charge of obtain
ing money under false pretense,
was released this morning by
Judge Showalter under a bond of
$2,5O0 for his appearance at the
January term of criminal court.
When special Judge E. NJ. Sho-
walter handed down his opinion
yesterday that the word heirs"
means just heirs and not children
as counsel for The defense had con-
tended, the case OF the Jamison
Coal & Coke Co. involving 70 acres
OF coal land with a possible value OF
S35, 900. failed. The usual notice
to set aside the verdict was then
made by attornews Frank C. Hay
mond and James A. Meredith. The
trial lasted for three days and was
stubbornly contested by the attor-
neys for both sides, who raised
many itricate legal questions. At
torneys M. NJ. Nicely and W. N.
Ogden represented the plaintiff.
In his instructions to the jury
Judge Showalter said that the or
iginal deed by which the land In
question was transferred to Nancy
Hawkenberry of Elizabeth Joliffe,
in 1854, was drawn up by an ex-
perienced scrivener, who evidently
knew the wishes of the grantor.
The attorneys for the defense had
claimed the word "heirs" meant
the children Of Nancy Hawkin-
berry, two of whom were living but
have since died. This contention,
II allowed by the court, would have
changed the aspect Of the case.
somewhat, but the main question
to be decided was the one inVolv-
ing the right of Nancy Hawkin-
berry to sell the coal under a tract
of land in which she had only a
life estate. The right was denied
by the court. leaving for the jury
the sole question Of whether or not
the coal bought from the grantee,
underlay the tract OF 70 acres des-
cribed In the petition Of the plain
tiff or not. Shortly before noon
the jury brought In a verdict for
the plaintiff.
In case Sof failure to have the
verdict set aside, it Is the intent
tIon of the attorneys for the defen-