Martinsburg journal. [volume] (Martinsburg, W. Va.) 1920-1977, 1921-04-20

Judge Woods commented briefly IN
ON the basis for removing the cases
from the docket. The Westenhayef
case had been tried twice before in
the Court. he said, and in each case
the turies had disagreed The same
thing was true of the McCune-Rossa
case and the Annette case. In the
Westenhaver case he called atten.
ton to the character OF tho wit.
nesses for the prosecution, recalled
that three OF them had perjured
themselves in previous trials, that
there had been evidence OF a frame
M against another alleged confed
4 crate and said that apparently the
jury had not been able to give full
/ eredence to the testimony of the
witnesses. In this. he said, the Jury
was acting within it's rights: and
he declared that. had verdict OF
guilty been rendered. he questioned
whether the Court could have per.
United II TO stand
Missing links of evidence in tho
McCune-Rossa case made further
trial of 1t useless. Judge Woods said.
He pointed out that the corpus do
licti Of the case had been establish.
ed by tho prosecution that an abor-
ton had been performed, that tho
victim had died as the result OF
an improper practice, the disease
taking the form OF peritonitis. But
he explained that the State had not
been able to fix the guilt for this
act uron the defendant, while there
n,rtIn he. Al
had usrl other means to help &C.
complish tho same purpose. The
burden Of establishing the guilt on
the defendant in every detail lay
upon the State. he said, and thus
far the State had failed To convince
two iurles of the fact. He explain.
) ed that the State in this case, NJ
} in the others which we're nolled.
had obtained no further evidence
: which would likely change the re-
suit aud lie therefore declared no
i thought the State was acting prop
erly in moving for a withdrawal OF
tho charge
Tho Court own lack OF conviction
,ae 10 the cXactness OF tho testimony
offered in prosecution OF the charge
against Ollie Annette aud the fail
urc to explain certain facts, Judge
Woods said would have forced the
Court to consider suspendng any
vcrdict in the case had the iurics/
hecn able to agree. He declared he1
SOW little hope for an agreement In
mother trial and therefore granted
the motion to nolle
Elimination OF these cases this
afton0on followed similar disposi-
ron of several other cases on the
feiminal docket which have had long
landing. and reduced Inc docket
to a point where court officials
thought it might be possible to Nm
ieh the more important cases this
Term
Yesterday afternoon and this morn
fHe were trial date days in Circuit
court during which Judge Woods
aud the Bar attempted to work ont
Il schedule which would permit OF
The settlement Of very large
amount of important criminal and
civil matters The term is one OF
the heaviest in Years and trial dates
already set run 1t through tho first
week in May with the prospect CT
every day being a busy one.
shortly before noon today Judge
Woods had the criminal defendants
brought from the Jail and before adj
,fmrniue at noon had SET the follow
M TRAN schedule.
state rs William Crowel a fell.
9pv Defendant waived reading OF
Indictment and trial was set for An.
ril 2Stb. Attorney II r. Bvrer.
who with Attorney w g Kilmer
rcprfsrnt, both CrowcIl and Jordan
proposed combining the two cases
and irving both at one time with the
same iury. The Cont promised "a
Jisrosr ~ tho question Iatar pot,,
oIeaded NOT Guilty
state vs. Elsie Murray. felony.
Mr., llurray reported that shs had
Loca in communicable, vim Attnr
49,, ] n Zirl,le in reference IN hot
4.,-a Inn ha mad MOT docidod wbetb
+. ne coDld annoar for hcr 30 trial