davidaulloa/AmericanStories huggingface dataset:
The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1922-11-21
UNIQUE CASE IN
|. CIRCUIT COURT
ENTERED TODAY
Action Based on Old English
Common Law Known as
SANDER to Title.

A case of peculiar interest tc
members OF the legal profession
cropped up in Circuit Court toda.;
when Judge W. s. Meredith called
the case Of Raymond Barker vs.
Abraham Hirsh for trial. The case
is a SANDER Of title and is based or
the old common law ruling. Chitty
an English law author and author
ity, wrote the ruling in 1853.
Judge Meredith continued the
case this morning when Attorney
Harry Shaw. representing the de.
PENDANT, objected to a last minute
declaration filed when the case waa
called for trial this morning by
Lawrence Musgrove, attorney for
the plaintiff in the action. The case
will be brought up again whca
Judge Meredith has had chance
to look up the law on certain points
covered in the declaration.
The case is unique as 1t is the
first case Of its kind ever entered
in West Virginln court. In quot.
Ing his authority for the case, At.
torney Musgrovo furnished the
court a law book containing the
law as written by Chitty in 1859.
Facts in the case deal with a
real estate transaction between
Raymond Barker and Mike Romino
and Victor Keleni. Attorney Mus.
grove said today that Mr.. Barker,
who owned pool room In Madi.
son street and had a lease on the
building, was trying TO sell the pool
room and lease to Romino and
keleni, that everything was pro.
crossing nicely and that the deal
was to be closed. The deal, how.
ever, was contingent with the fact
that the new owners could get a
renewal Of the lease which expired
in ten months. -
It was atsthis point, ths attor.
ney says, that Hirsh entJred the
case and told the prospective bitiiy.
ers that they could not geE a new
lease on the building as Ne mad
already obtained a lease at he ex.
piration Of the lease held by Bar.
ker. Attorney Musgraye claims
that this caused the prospective
buyers to change their minds and
not buy the pool room from his eli.
ent, Mr.. Barker, thereby causing
him loss. He feels that his client
should be entitled to collect dam.
ages from the man who blocked
the deal by telling the prospective
purchasers an untruth about the
lease, he says.
Attorney Shaw. IN Directing to
the declaration today, Iaid that
Barker did not own tho building
and therefore his right or title
expired in ten month"; aid as the
defendant did not say c,ythinr
CONTINUED on page threSj
The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1922-11-21
WRITTEN OPINION IN
kEENEY CASE GIVEN

CHARLESTON, Nov. 81. =.
The written opinion of tho
supreme Court In tho Natter vt
granting a second cnangc o!
venue to C. Frank Keeney on ~
indictment connected with tho
1921 armed march" wa1 handed
down today. 1t was written by
Judge Livdly. and affirmed thu
courts position that Judge j. NJ
Woods acted within his 1urlsdlc-
ton in granting tho Reconl
change for good cause and that
the court in such cases would mt
review the evidence on which the
circuit judge based a decision.
Decisions handed down today
we're:
B. F. BYRD. administrator, vs
Sabine Galleries corporal ont
Wyoming County, affirmed; An
cello Radochio vs. ]. Katzen, Nc
Dowell County, affirmed; George
S. Wallace VS. Fred c. Pritchatl
and another. Cabell County, az
firmed; Corn-Thomas FSgineer-
ing & Construction Co.. VS.. Mo.
Dowell County Court, affirmed.
The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1922-11-21
Harvard Student
DefendsHimself
AgainstKuK lux

CAMBRIDGE. Mass Nov
21-Hubert c. Clay Of colora.
do Springs Is toting a pistol
about the Harvard campus be-
caue Of receipt Of a letter sign
ed X. X, X. in which he was
warned 10 leave the city.
He told the police that while
the note might seem a Joke to
fasteners, such a message In
Colorado would ho deemed a
serious matter.
Advised by the dean to so
around unarmed, Clay said:
well. I'd a lot rather shout
somebody than to have. my
body tarred and feathered."
Clay, a sophomore and a de-
cendent Of Henry Clay, says nc
was a member of the 1T lIlux
Khan but withdrew because of
It's policy Of striking in tha
dark.
The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1922-11-21
LEN|NE FAVORS
FORE|GNGAPITAL
Says Soviet Government
Should Give Concessions
to Foreign Capital.

MOSCOW, Nov. 21.-(By the
Associated Press)-The Soviet
government must not be afraid to
give concessions to foreign CAPT,
tai, Premier Lenine declared at a
meeting OF the Moscow Soviet In
the Grand Opera House last night,
Five thousand persons the largest
crowd that has heard the premier
since his illness, crowded the audi.
forum.
Russia" said Lenine, "is so big
and has such wonderful economic
possibilities that there Is no reason
to refuse any fair proposition from
INTEREST," outside the country. We
will make such favorable arrange
ments that the capitalists will be
compelled to come to do business
with US despite their present en-.
nifty toward u.s."
He emphasized the fact that the
situation was so framed that the
capitalist could enter business
here safely and reap fair profits
for their undertakings.
He remarked that there were
many difficulties still confronting
Russia, however-new problems
which demanded new methods and
men to carry them out.
The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1922-11-21
JUDGE M'CLINT|C
ATTACKSKUKLUX
KHAN IN ADDRESS
Federal Jurist Declares Peo-
pile Wears Masks to Cover
Up Something Wrong.

CHARLESTON, Nov. 21-The
Ku Klux Khan, or individuals using
its name, and similar organizations
were scored In Judge McClinHc's
charge to the federal grand Jury
today, in which he declared that
within the past ninety days that
he had received communications
purporting to be signed by he
Khan. One OF these, he said, threat
ened an aged woman for doing
something she had every legal
right TO do ed had such an effect
that she was afraid TO live longer
on her farm In this district.
People do not wear masks ex.
cept to cover up something shame.
ful, wrong or hateful. Honest men
appear in public with their honest
IaCea." he declared, and later he
said:
I'm suspicious OF any organlza.
ton that regularly proclaiIns from
the house tops, We are 100 per
cent Americans"
The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1922-11-21
LAST LAKE COAL
SHIPPED MONDAY
Two Hundred and Forty-Five
Cars Sent Off Monon-
gah Division.

Final lake coal shipments of
the Monongah Division. B. & o.
for the season yesterday aggregat-
ed 245 cars. In addition to this
40 cars Of coal were shipped to
the lakes of the Morgantown &
Wheeling Railway yesterday.
Coke Production
Fifty-three cars of coke we're
loaded of the Monongah Division,
B. G o.. yesterday. twenty-five
additional cars Of coke were load
ed on the other railroad divisions
in Northern West Virginia. These
consisted Of five cars to the east
of the Connellsyille Division, two
east OF. the Cumberland Division,
and fifteen oaIss tozAths east on
the Morgantown &SKingwood.
railroad Fuel
Railroad fuel loading has given
no intimatton OF any decline OF
the Monongah Division, where
402 cars Of this type OF business
were loaded yesterday. The for
elgn roads continued to get the
bg end Of thearallroad fuel. their
share aggregating $50 cars, while
the B. & o. took the remaining
152 cars.
1t is reported that more assign
ed cars are going into the Mor6an-
town section. It is also said that
some c. Of N. J., and Canadian
Pacific fuel is being loaded there,
with some Of this traffic being
handled over the Western Mary
land
One hundred ten cars Of rail-
road fuel were loaded of the MOI
gantown & Wheeling yesterday
for foreign roads, while two cars
Of foreign fuel were loaded on the
NJ. & X. and twelve of the Cum
berland Division. Seventeen cars
Of local railroad fuel were load
ed OF the Belington & Weaver
spur OF the Western Maryland.
Eastern Coal
While British coal is reported to
be quite a competing factor for
Northern West Virginia and Amer.
lean coal generally in Boston, New
York and Philadelphia, there new
ertheless apears to be right fair
tonnage going in the direction. The
fact that British coal Is disposed Of
at $6,75 at Bosom makes it difficult
for coal from this field to be
mined and shipped there at a com.
peting figure coal operators say. It
Is almost reaching stage, where
a tariff will be needed on coal, as
ridiculous as this may sound II
American coal fields can compete.
With the bulk OF the lake coal
movement over with possibly an ex.
ception here and there, the coal op-
orators are anxiously awaiting the
outcome OF tho market. While
there has been a softening in the
price, II apparently is holding firm.
ly at s2.75 on the B. and o., and ap-
parently has held to the 50 mark
on the Monongahela. 1t is said that
there is some western line business
Continued on page eighty
The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1922-11-21
EXPECT LIVELY Time
IN new PARLIAMENT

LONDON, Nov. 21.-ParlIa.
.mentary writer's have already do.
cided that tho new House of Com.
mons will be lievlier than Is pre-.
decessors. and that the opposition
which Will apparently be furnish
ed by the Laborites, will be
keener and more aggressive.
Discussing incidents and
scenes attendant upon the open
ing OF the session yesterday tho
correspondents call Ett,lltIon to
the challenging spirit watch the
radical Laborltes from the Clyde
district seem to have brought
with them. The laborites are de-
tpitbed by some writer's as
stern, set men" whom the Scot.
fish word "dour'' seems S.1scial,y
applicable, and they are credited
with the intention OF injecting a
BIT into their party,
The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1922-11-21
HARDING Ape S FOR MERCHANT marine SUBSIDY
Here's Chance to
Help GLADDEN. 100
Poor Boys Hearts
Here's a chance to be a coed

Here's a chance to be a coed
fellow.
All over this city on Friday
eyeing, there will be father and
son banquets.
There are many unfortunate
boys in the city who have no
fathers, but they will have q
father Friday night. and they
will have their banquet at the
Y. NJ. G. A.
A call has been issued for 100
men in Falrmont TO sponsor 100
fatherless boys at this big din.
ner.
1t costs Just 81 to be a good
fellow to an unfortunate boy. II
you want to be a good fellow,
Just call 1918 and ask for the
boys secretary.
Why not have the 100 good
fellows in line by s o'clock tc-
night?
The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1922-11-21
OHIO MAN HAS
WIFE ARRESTED
Charges Her With Living Un-
lawfully With Don
Reese Here.

Don Reese and Mrs. Mary Powell
are prisoners in the city jail await.
ing a trial at tomorrow mornings
session Of police court on a charge
of unlawfully living together as
man and wife. Mrs. Powell was
arrested at her apartment in the
Hays Building at II o'clock today
by Policeman Daugherty, and
Reese was picked up on Monroe
street short time later by SAM.
tary officer swiger.
William D. Powell Of East Liver.
pool. Ohio, husband OF the woman
in the case, arrived in town last
night appeared in police c6nrt this
morning and asked for, a warrant
for his wife and Reese fof unlaw.
fully living together as man anc
wife In apartment No. Q Yin the
Hays Building;
Mayor Conway Issued the war
rants, and they were placed in the
hands Of the officers, who made
the arrests few hours later. Mrs.
Powell became enraged as she saw
her husband when brought to the
police station, according to officers
who were present at the time, and
tried TO beat him up. Policemen
present stopped the fight, and she
was locked up pending the trial.
When arraigned in police court
about ten days ago on charge
of operating an automobile on the
city streets without an operatives
license and driving in a reckless
manner. Mrs. Powell told in open
court that she was driving her
husbands car. When questioned
by Mayor Conway she told tho
mayor that she and Mr.. Reese were
man and wife. At that time Mayor
Conway and the police officers
doubted her word, but as they were
not trying her on any other charge
she was let of with a $40 fine for
reckless driving and IS fine 10:
driving without license
Nothing more was thought OF the
case until today, when Mr.. Powell
appeared in court and made the
complaint. the husband OF tho
woman had heard about the arti,
Gle in tho newspaper telling OF his
wife's> claim that she was married
to Reese, and he came to this city
to investigate. Upon arriving hers
he learned, he said, that his wife
and Reese were living together 10
the Hays Building and he had the
warrants issued.
1t appears that Mr.. and Mrs.
Powell have not lived together for
come time and that she has been
mixing her home in this city. She
has custody Of a minor child and
when she learned that her husband
was in town today she called rela,
tives who live at or near Manning.
ton and asked them to take the
child away and hide It.
When faced by her husband at
the police station today Mrs. Powell
told city policemen that when she
her husband, he would be sorry he
her husband, he fould be sorry he
had come here and started the
trouble. Mr.. Powell intimated to-
day that he was trying p get a di.
vorce from his wife and that the
evidence she gave at tho recent
tIial in police court would be val.
liable in securing the divorce.
The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1922-11-21
Curran Testfffes

soMERvILLE, y. j. Nov. 81.
(By the Associated Pressl-
James Curran. one Of the first
policemen to view the bodies OF
Rev. Edward Wheeler Hall and
Mrs. Eleanor R. Mills after the
pair were found slain on the
Phillips farm last September. was
the FIRST witness called when the
Somerset County grand Jury 30
day began its second day Of iu-
vestigation Of the double murder
This morning Special Deputy
Attorney General Mott was be-
lieved to have got in all his evil
dence bearing on the discovery
of the bodies and their condition,
and before the noon recess he
had called four witnesses ac-
quainted with the movements OF
the ector and the singer shortly be
fore they were slain. Y
Raymond Schneider, who found
the bodies and who testified yes
terday was the first witness put
on the stand when the Try re-
convened this afternoon.
Reports were current this az
ternoon that two state witnesses
had disappeared The authorities
declined to give their, names.
Subpoenaes were issued fol. tia
appearance before the Arand jury
tomorrow Of Barbara Tough aud
Louise Grist, maids in the Hail
household, and George SeipelI
dealer in pigs and the latest wit
ness In the case. ~
The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1922-11-21
EZks' Memorial Services
to Be Held on December 3
er---speciaI MUSICAL Program Planned at Bill
Kingsley Memorial Church Here

Twill preside over the meeting,
and the roll call Of departed mem.
bers will be read by the secN-
tary. G. R. Hawkins.
The ritual of the lodge will be
read by the esquire. D. Y C2.
bun. and by John .Birchina4j
leading knight; Dan Maurer, 10y.
al knight and G. NJ. Wiltshire,
ilecturlng knight. he leading
knight symbol 7os charity. theI
loyal knight, justice and the leg
turing knight, brotherly love.
The general committee in
charge OF the services. consists NJ
Brooks Fleming. Jr., chairman
Bert S. Leonpo!d, Marshall Z.
Ashcratt, Arthur Frey aud W. D.
Evans.
The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1922-11-21
APPEAL TO HEAR
STORYQF HALLS
WIFE TOBE MADE
Policeman on Stand During
Second pay Of lnVestiga-
ton Of Double Murder.

NEW BRUNSWICK, Nj, Nov.
21-(By tho Associated Press -
A petition calling upon. Foreman
Gibbs OF the grand jury, In tic
name Of justice, to hear the story
Of Mrs. Frances Stevens Noel Hall
was circulated today.
The petition, signed by many
friends and relatives of the
widow, will be sent to Mr.. Gibbs
In Somervllle. where the grand
jury is receiving evidence in the
double murder,
The petition pleads that Ma.
Hall be given a square deal aud
be permitted to appear before the
jury which is expected to return
indictments.
The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1922-11-21
PROTECTION SOUGHT
FOR MANY REFUGEES

LUSANNE, Nov. 21.-(By the
Association Press) DR.. Fridtjof
Nansen is in Lausanne in an Of
fort to persuade conference dele
gates to include in tho prospective
treaty with Turkey guarantees
for the protection Of Greeks and
Armenians in Turkish territory
framed in such definite terms
that tho refugee situation in the
Near East will not be further ag-
Gravated. Doctor Nansen said
in his opinion tho conference
should provide for tho exchange
Of Turks in Greece for Greeks In
Turkey.
The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1922-11-21
BLUE TRIANGLE GIRLS
TO ASSIST RED CROSS

The members of the Blue Trian.
gle Club OF the Fairmout High
School, the high school organlzl
ton Of the Y. w. C. A., will coz
gregate at the Red Cross room in
the courthouse this afternoon
where they will assist the workers
in the roll call drive in the sorting
Of materials for distribution. RCD
Cross buttons, posters, member
ship blanks and all the material
to he used in Sundays drive will
be sorted and prepared for the use
of the various district chairmen.
Miss E. Jones, physical director at
the local Y. w. G. A.. was instrd.
mental in obtaining the services CT
tho high school organization for
the Red Cross.
The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1922-11-21
Ice Cream Manufacturers
to Adjourn This Afternoon

HUNTINGTON. Nov. 21.-with
the election of officers and the Sc,
lection Of a meeting place for tas
convention In 1923, the Ice Cream
Manufacturers Association o:
West Virginia which has been n
session since yesterday morning,
will adjourn this afternoon.
Tuesday mornings session was
devoted to addresses by W. II.
Dun, IL, Pittsburgh, ]. H. shInd.
Ter, Cleveland, and ]. R. Randolph,
Parkersburg.
The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1922-11-21
P0AL PRODUCTION
MONDAY REACHES
|REG0RD FOR YEAR
output Yesterday Thirteen
Cars Greater Than Previous
Peak This Year.
Ear SUPPLY BETTER
fs Per Cent Run of Ernpties
RAported Today in North
ern West Virginia.
SAR SUPPLY BETTER

aTpre coal was loaded IN North.
.etnkWest Virginia on Monday than
isAday this year. There were
$50 cars loaded on the nine divI'
ions Of Northern West vIrginil.
IThe previous daily peak in North.
West Virginia was established
November 6. when 1867 cars
se loaded.
with a good car supply on the
IAIenongah Division, B. & o., the
| kibnongahela. Morgantown &
Wheeling and the Western Mary.
Hand, the principal producing divi-
lions, the tonnage scared very high
Yesterday.
Mines on the Monongah Division
tpaded 1.129 cars with 459 cars pro.
hueed on the Monongahela and 342
Sirs on the Morgantown & Wheel.
Ing. Operations on the Wyatt.Bin.
samon & Helen's Run branch,
Western Maryland, yesterday load
ID 2ss cars. In addition mines on
ithe Gonnellsyille Division loaded 81
EARS; those on the Cumberland Di.
lsion, liz cars; plants on the NJ.
K.,27 cars, and operations on
he Belington & Weaver branch OF
&c Western Maryland, ITO cars.
Daily Car Supply.
g Northern West Virginia coal
fumes located on five divisions to.
Nay average a 40 per cent run Of
smpdes. The plants on the Mo
|ilongah Division today have the
pest run with IS per cent. The Mo-
|nongsSela mines have a AZ per cent
ip; We Western Maryland, 81 per
ent; the Charleston Division. SO
Ter cent, and the Morgnntown &
Wheeling 81 per cent. In the Penn
sylyania end Of the Monongahela
Railway there was q so per cent
nn OF carg today.
Ehe mines on the Mononrah
pl8islon today ordered 1865
smpties of which 1918 are for
commercial use and $50 for rail-
load fuel. Coke cars on the divi-
Ion total forty-sIx, while there
ne 124 Bethlehem Steel corpora
ion cars on the division. There
1893 emptles en- the division,
which 1,147 coal cars were
fat7 o'clock. As u result Of car
2ortage today, twcnty-seyen
inesiare idle On the Charleston
vision there were S1S empt.es
tdered ,of which los were plac-
ID. Along the Monongahala there
we're 500 ordered OF which 297
laced at 7o'clock AS i result OF
elyania end 600 were ordered
md 900 placed. Mines on the
gorgantown & Wheeling Railway
oday ordered 517 cars and an
Harry placement of % was made.
Ilopg tho Western Maryland
lighty empties were placed.
III the Coke BELT
Operators IN Pennsylvaua
hlong the Monongahela Railway
Yesterday loaded 305 cars Of coal.
sighty-two mines out Of 1O5 were
,ported to be active today.
The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1922-11-21
LONG SENTENCE URGED.

SAN FRANCISCO, Nov. 21.-
The American Institute Of Grimm.
ology meeting here adopted a reso-
luton advocating a law providing
for the imprisonment OF automo-
bile bandits for twenty-five to for.
ty years with the proviso that the
minimum DO not reduced.
The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1922-11-21
FIRST WOMAN sNNAToR
WINS SEAT FOR A DAY

WASHINGTON, Nov. 2l.-Mrs.
W. H. FELTON,, the grand old lady
OF Georgia." won her fight today
for a seat for a day as the first
woman senator.
The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1922-11-21
Tho faults of our brothers
We write upon the sands,
Their virtues upon the tablets
OF love and memory"

Annual memorial services Of
the local Elks' lodge will be held
at $3.50 p. m. on Sunday, Dec
ember 3. in the Bill.ngsley Mem
orial Methodist Episcopal Church
South in Fairmout avenue and
Charles r. Carrigan OF Mounds
ville will be the speaker. Soeclal
music by the Elks' chorus, with
Mrs. J. Minor Durham as organ
LIST, will be a feature Of the pro-
gram =
Ralph Doll:son, exalted ruler,
The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1922-11-21
EVERYBODY is JOINING THE
- ORDER OF OWLS =

Charter open $3.50. $500
Ihen charter closes. Pays $500
II death, $500 per week for 10
ieeks and free Doctor to self
Ind family $1.05 per month and
tno assessments. II there arc any
misleading statements your
money will be refunded the
hight you Join. Investigate the
Owls, they arc here to stay.
Can you use the mail to de.
fraud2 Ernest o. Conley, 12l
Main Street, phone 1885, resi-.
ldence 317 Walnut Avenue. Ed
ward Trevey, Carlina, w. W., C.
~. Leonard, 81 Walnut Avenue.
Il costs you. nothing for lnfor.
nation when calling for appoint.
lment.
LET THE OWLS PROTECT
YOU
Can you beat this protection?
The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1922-11-21
THE WEATHER

Fair and continued cold %.
night ~ q and TeahssdaS
The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1922-11-21

L:aLl ,.t,,-eau OF CirCuiai3ons 1-,gures