Martinsburg journal. [volume] (Martinsburg, W. Va.) 1920-1977, 1921-04-21
WARD STEWART IS "
DEFENDANT TODAY !
IN DAMAGE ACTION
J. T. Nesmith Complainant In
Long Case.

The damage suit instituted by !.
T Nesnith. formerly OF the Tabler
Station section but now living near
Charles Town, against Ward Stew.
art. son OF Harry Stewart. OF the Tab
Ter Station section, was begun IN
Circuit Court this morning. before
Judge J. NJ. Woods and jury. The
case will take probably two days,
attorneys said, Jurors not empsn.
neled this morning for the case were
dismissed by the Court until Mon.
day morning.
The action 10 TO recover money
for the plaintiff for loss of services
through the alleged seduction Of his
daughter. Miss Laruhanuah Nesmitit.
who,it Ia alleged, suffered serious ply.
steal injury through the alleged mis-.
conduct and the resultant birth Of =
child. The plaintiff. according ia
the statement made by counsel this
morning. contends that the defend!
ant Is the father OF the child and
that Stewart had intimate relations
with the prosecuting witness. Miss
Nesmith, over a period OF several
her and that he failed TO make good
his promise, The deferse stated 10
the opening argument this morning
that Stewart denied the charge rf
parenthood, denied that he had ever
promised TO marry the prosecuting
witness and promised To Introduce
testimony which would undermine
the entire case OF the prosecutions.
Attorneys G, N Campbell. A. c..
Nclutire, Allen B. Noll and Clat ence
Il. Martin represent the plsinhff IN
The case and Attorneys n. ". Dyer.
u. H. Emmert and Stuart w. Wat.
ker the defendant,
Miss Nesmith was put on the stand
rs the first witness this morning and
told in some detail OF the period dur.
ing which she had known stewart.
dating back To q camp meeting In
1915. their relationships becoming
more aud more friendly. she said.
and eliminating IN his alleged pro.
rosal OF marriage which she accept.
cd Then followed further and more
intimate relationships which hually
resulted In the birth ~ the child last
March. Pictures showing Miss
Ncsmith and Stewart together at
various places were introduced, a.
evidence, as were two letters, one
from Miss Nesmith to Stewart CIV
ing him final opportunity to marry
her, and an euswer to this from
Stewart denying that he had ever
promised TO marry her and DENYING
any knowledge OF the child Miss
Nesmth was still on the stand when
the Court adjourned al noon, and
was subjected to cross.eyaminatiou-
this afternoon,
The jury serving In the case con.
siats OF the following H. G. Bender,
e. r. Small. !. u. Matthew'S. j r.
Burkhsrt. J. w. Myers. Benton Blue.
Il. 8. Morgan, Cutler Ropp, J. II
Staley. r. l.. Ellis. G. G Weller
and Turner Lewis.
Chancery Degrees.
Judge Woods yesterday had the
following orders entered IN chsncerv
matters:
Charles y, Parsons, adrnr. Of ss-
late of Almeds Parsons, decesSed,
VS.. Otto Parsons ct al. Decree Of
reference TO special commissioner
p. r. Harrison, to ASCERTAIN prosperity
owned by the deceased and tbs in.
debtedneks against the same.
NJ. l.. Harper ct VI vs.. S. c. G.
Emory ct al. Petition filed by Lee
Albright setting up fact that he had
reached bis majority and ordering,
paid TO him his share OF estate now,
in hands Of general receiver.
Peoples Trust Company vs.. RAY,
Coleman ct al Decree Diminishing &
cause
George Katz vs. 0. NJ Ramsey ct
al Decree dismissine cause
Bailey Brothers VS.. Noble Ell all
Decree demanding security for costs:
J. G. Wolfe vs. Annie Wolfe, de-
cree Of reference.
decree joining the issues in the,
case OF David Emory VS. Edward,
Grove was also entered. The other,
law matters given attention yester-;
day consisted OF the revision OF the,
trial docket with the elimination Of.
the cases reported yesterday, and a
few other smaller matters disposed.
Df during the rncrnino