The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1922-05-10
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City Appeal Cases Tried in
Criminal court-:---Fines
Raised by Judge

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Four cases were disposed Of IN.
Criminal Court today without the
aid Ola jury, and at the afternoon
session when the first trial Jury
was called, it was learned that only
about half OF the men summoned
for jury service were present and
forty additional men; were sum
'moned for jury service.
8 The cases disposed OF at the
morning session were all appeal
cases from Mayor w. w. Conaway's
city, police court and in all cases
the decisions OF the mayor were up.
held and in some instances the
fines taxed by the mayor were in
creased by judi e Showalter-
S In the case OF the city VS. Ber-
tina Kirk, convicted in police court
on a charge cooperating a house
of ill 5repute, the defendant failed
to appear, and after City Attorney
Albert Kern waved jury trial, the
testimony was presented to Judge
sshowaHer and he found the de-
fendant guilty and fined her 500
and costs. Mayor; Conway had
imposed a fine OF $50 and costs
upon the defendant in ,police court.
The second case was that of the
CITY, Alice Graham. charged with
lettering in house of i'll repute-
She was fined S35, the maximum
fine allowed for the charge. Mayor
Conaway had fined her $40 and
costs.
Il Herbert Moore also convicted
in police court on charge OF
lettering, was the next defendan.
scheduled He failed to appear and
after hearing the witnesses of the
plaintiff verdict of guilty was
returned and a fine Of s25 and
costs imposed. This fine was also
SIS larger than the one imposed by
Mayor Conway.
Judge Showalter withheld son
tence in ,the case of the City VS..
Charles Gray, who was convicted
on a charge OF operating house
of i'll repute. He was fined $50 and
sentenced to serve thirty days IN
the city Jail by Mayor Conaway
In raising the, fines of all fonnt.
guilty Judge Showa1ter hopes to
break up the practice of "a num-
Der Of local persons in appealing
cases from the city police court to
his court when they are not pleas
ed with the sentence handed out by
Mayor Conway.
g In practically all the foregoing
cases. Mayor Conway gave the
prisoners the maximum fine allow
ed under the city ordinance. but
the state law allows Judge Show
alberto raise the fine some in prac-
tically all Of the cases.
I. In court late yesterday after
noon, Attorney John Wyatt, of
Shiunston filed demurrer toa
scire4 facias issued by the court
against J.sV. Board and himself
Wyatt and Board went OF Fray
Tate's bond, and when he tailed TO
appear to answer to the court. the
scire facia was issued. Frank X
Amos. prosecuting attorney, tob,.
jected to the demurrer and, It viii
be argued later =.
Sore facias issued against E. q
Wilson, and Albert Madded. bonds.
men for Claude Metz, who failed 4
to show up for trial at the last
term of court, were also entered
Attorney Harry Shaw appeared LOT for
the defendants and entered mo
ton to quash. Judge Showalter set
the case for argument on May -:
A judgment for. $1,000 against -.
v. Lynch, bondsman for Il Remigo
Petruccia, who failed to appear TOT or
trial, was entered A sc1re iae:a
had been issued against Lynch :fl
and he had no defense to offer: Joe
Cantor, bondsman for Steve KOS KOS
nick, also failed to offer a defense
when a scire facias was ~ issue: issued
against him and a. Judgment n 1 !eor
$500 was entered against him.
William Hunter, who had been
nrisoner in the county Jail for sew
eral weeks, entered a plea Of guilty
when called for trial and was sen
fenced to serve three months in
5ail., and pay fine Of 500 and
costs. Sentence was suspended,
however; upon the promise OF the
d defendant to go to work and sup
port his wife and Children. 4 ne
fails to do SO, he will pc arrested
and made to serve the time and
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