Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1921-10-18
CIRCUIT COURT ADJoURNs FOR
THE TERM.

No trial was given either of the
liquor indictments now pending In
the Circuit Court. The question
was raised whether evidence obtain
ed under a search warrant authoriz-
ing an officer to search dwelling, or
a place of business may be properly
used in the trial of an indictment
when such evidence was not discover
ed in the premises searched. In the
case against Francis Miller of Kear-
neysville, the alleged liquor was
found in his automobile, whereas the
warrant empowered the officers to
search his dwelling or store for it.
A somewhat similar state of facts
Walker of Charles Town. The war
rant directed the officers to search
her house for contraband liquor. No
liquor was found in the house,
though Marion was caught leaving
the house with quantity of some
kind Of beverage under her apron.
Both cases were continued to the
next term of court, each one of the
accused giving bond in penalty of
$500 for his or her appearance.
Severe penalty was inflicted on
William Dillow who was convicted of
being the father of an illegitimate
child. He was required to pay $13.-
so month for the support of the
child until she arrives at the age of
10 years. A bond in penalty of
$500 was required to guaranty the
monthly payments.
Judgment to the amount of $685.
1873 with interest from March 2, 1921,
was entered in favor of Lloyd c..
Walter against H. Edgerton RELY
and Jno. L. Marcus.
The sale of two dwellings belong
ing to the estate of the late ]. M.
Tolliver in Shepherdstown, one to
Emma Crawford and the other to
John Ross Washington, was confirm
ed. Consideration in each sale was
$4,000.
A decree was entered authorizing
Special Commissioners, Geo. M.
Beltzhoover, Jr., F. w. Brown, T. C.
Green, and F. L. Bushong, to sell
the personal property of L. L. Wat
son, valued in Commissioner Sheetz' s
reportat $1,000, and his farm of 143
acres located near Summit Point.
D. w. Clendenning VS.. F. B.
Sechrist; demurrer overruled, and go
days given the defendant to file his
answer.
Court confirmed report of Special
Commissioners Mason, Beckwith and
F. A. Brown, in the case of the Hole
proof Hosiery Company VS.. William
Kahn's administrator.
John A. Stevens who was acquitted
of killing Miss Catherine Littleton,
of Bolivar, in March of this year,
appeared in Court and plead guilty
of carrying pistol. Judge Woods
sentenced him to Jail for six months,
and during his term will be required
to work on the county roads.
A conditional sentence of four
years in the penitentiary was imposed
on Henry James, colored prisoner
/ from Bakerton, who was convicted of
maliciously shooting one John Proc
tor. If James conduct is exemplary
during the first two years of his inn
prisonment he may apply to the
Governor for a parole. Favorable
action on the petition for parole will
secure his release from prison, his
sentence to be suspendd during his
good behavior.
Judge Woods came down from
Martinsburg yesterday morning and
wound up the business of the term,
entering several decisions.
In the case of Rev. D. j. O'Connell
and others VS.. DR.. w. E. Maghini,
the demurrer to the bill was over
ruled.
The Court held that the Church
authorities had right to sue, and
that the trust in the deed from Liv-
ingston in 1902 to Maghini and
others was valued trust, and was
enforceable. Leave was given the
defendants to answer by the next
term of Court.