The Republican. [volume] (Oakland, Md.) 1877-current, 1943-09-30

WIN IN TRIAL TO
RECOVER MONEY
Court Requires Arden May To
Pay SS12.SS For Public Money
Spent Building Private Road

A decision requiring c. Arden May
to pay $812.88 to the County Commits
sioners of Garret county, for their
claim against him for the building of
a roadway on his property at Nc
Henry at the county's expense, was
given out in the Circuit Court here
last night following the conclusion of
an all-day trial.
The County Commissioners had
entered suit several months ago to
recover a sum of $1,08384, money
spent to construct the road by order
of c. H. Browning and G. Blaine
Giessman, two former members of the
Board of Commissioners. Chief Judge
D. LindIey Sloan, in his opinion, said
the deduction in the claim was made
because he was of the opinion that
part of the payroll had been padded
by certain county employees. The
entire opinion which was quite
lengthy, was not Immediately avail
able, but the entire work of building
road on private property was de-
clared by the court to have been i'm
proper and beyond the power Of the
County Commissioners and that this
was an attempt on the part of two
commissioners to favor a friend by
building roadway on personal
property at the expense OF the coun-
ty.
About forty witnesses were called
in the case. The defendants contcnded
that a contract had been entered into
giving free limestone for a period Of
/ four years to the Commissioners with
| the right to use the road, in return
for the construction of the road. But
the Commissioners, through their at
torney, E. Ray Jones, contended
/ there was no contract Mr.. Jones said
it was proved in the case that both
| Giessman and Browning had de-
clared that May was to pay for the
road, but both Giessman and Brown
ing denied this on the witness stand
In order to prove their point the
plaintiffs took two members of the
court to the home of John w. Her
man, present member of the board
who is i'll, where his testimony was
! taken.
There was full bench, with As
sociate Judges William a. Hustler
and Joseph d. Mish present in addi-
ton to Chief Judge Sloan.
May was represented by w. w.
Dawson and A. T. Matthews. In
statement this morning MI May de-
clared that the stone clusher had
been used by many other individuals
for their personal use, at the county
expense and that it was his policy to
see that "if one pays all should pay"
Trial Is Removed
Michael Mckenzie, 42-year-old ac-
cused rapist, of Frostburg, who was
scheduled to 90 on trial in the Circuit
court here Tuesday, was granted
permission to remove the case to
Allegany county, where he will stand
trial during the October court term,
which opens Monday.
McKenzie's petition, which was
filed last Saturday, was granted in
Oakland. He will be tried in Cumbor-
! land before all three judges. Neil c.
Fraley, States attorney for this coun-
; ty, will act as prosecutor, assisted by
Morgan c. Harris.
The defendant was arrested June s,
on the complaint of Helen Drummond,
! II, daughter of James DrummOnd, of
near Frostburg, and was indicted by
the Garrett county grand jury.
In the criminal cases brought be-
fore the court this week the follow
ing decisions were rendered:
State VS.. Gilbert Solomon, deser-
ton and non-support; tried before the
court, verdict guilty. Sentenced to
pay $500 per month or in default
of payment to serve one year in house
of correction.
State VS.. Stanley Davis, William
Earl Crawford and Richard Edwards,
larceny of automobile owned by
county commissioners; plea of guilty,
! paroled for period of three years,
providing they remained of good be-
havior
State VS.. Dewey Meadows, larceny
of automobile, plea of guilty Sent
enced to Maryland Penitentiary for
I four years, but sentence suspended
upon good behaviour and providing
guilty person go to work.
State VS. Jonas Edward Harvey and
Bradley j. Harvey, Jr, larceny. Trial
before court, verdict not guilty.
State VS.. Jasper H, Ringer, Jr,
and Herbert Keith Beckman, break
ing and entering; pleas of guilty;
sentence suspended for period of three
years, providin >opain of good
| behavior.