The midland journal. (Rising Sun, Md.) 1885-1947, 1921-10-07
CECIL CIRCUIT COURT.
Suits Wiped From Docket-Septem-
ber Term Adjourns.

ber Term AdjOurns.
The three suits docketed in Cecil
Circuit Court some weeks ago by
Norman Bowles, Esq, of Washing
ton, against Sheriff Lewis A. Seth.
for $4,000 for alleged false arrest
and imprisonment, were wiped from
the Court calendar, because the
plaintiff, who is a nonresident of
the State, failed to give bond for
costs in the, case. Bowles came to
Elkton as counsel for the seven
bootleggers who were arrested there
early last summer, charged with
holding up and robbing James Doo-
little, of Philadelphia, near West
Grove, la. When the alleged GRIM
inals refused to return to Pennsyl-
vania without requisition papers,
mandamus proceedings were institu-
ted to get their release. Various
kinds of reports were sent to Elkton
from Washington, the local officers
being warned that it was likely that
an effort would be made to get them
free BY force. Upon the day for the
mandamus hearing, Bowles stepped
in front of the Sheriff and prisoners
just as they were entering the side
door of the Court House building.
The act resulted in Bowles being
pretty roughly handled, arrested and
placed in Jail. He was later given
a>hearing before local magistrate
and dismissed after explaining that
he interfered with the officers unin-
tentionally. The suits for false ar
rest followed.
The mandamus sued by Clinton ].
Yerkes, to compel the Board of
Election Supervisors to recount the
ballots cast at the recent Demo-
cratic primaries in this county for
Sheriff, was argued before the
Court Friday morning. The Court
upheld the action of the Election
Supervisors in not recounting the
votes. The ground the Board took
was that the petition was not prop
erly filed and not within seven days
as prescribed by the law.
Judge Wickes has handed down
the opinion of the Circuit Court, in
the case of William Startling VS..
Samuel Smith and Samuel Smith VS..
William Startling. The suit grew
out of an automobile collision near
Armstrong; corner, DEL, one day
last summer. Both cars were dam
aged and each brought suit against
the other for damages. Magistrate
Pratt, Of Elkton, rendered a verdict
in favor of Smith. An appeal was
taken. The Court held that both
had been negligent, neither could
recover from the other.
Willard Matthews, of Perryville,
charged with larceny of $50 in pay
checks of the P, B. & w. R. r. from
the agents Office in that town,
pleaded guilty. DR.. Magraw testi-
fed that the accused was in a seri
Gus condition and that imprison
ment would endanger his life.
Other witnesses testified to the
young mans previous good charac-
ter. Court suspended sentence.
The suit of William Weiss and
wife VS.. Washington Bryson, in
volving the matter of right of way
over the property of the defendant,
near Muddy Creek, in Upper Elk
Neck. sought by the plaintiff and
claimed to have long existed for
public use until closed by the de-
fendant, was put on trial before
jury, and, a verdict returned for the
plaintiffs, assessing the damages at
$35.
Richard. L. Davis, of Camden, N.
j., who was arrested several months
ago and odged in Elkton Jail,
charged with bigamy, has been re-
leased under suspended sentence by
the Circuit Court.
The case of Mrs. Emma Bowen
and other heirs VS.. the County Com
missioners of Kent County, for
$4,000 damages for turning water
from road into their farm, was put
on trial before jury.
The plaintiffs claim that their
farm was damaged by the collection
at three culverts of water that was
formerly spread over large terri
tory.
The jury was discharged without
reaching verdict.