The Republican., 1955-04-07
Civil And Appeal
Cases Heard Here

Four civil and appeal cases were
heard in the Circuit court here dur
ing the past week, which concluded
the work of the court until the
murder trial scheduled for Tues
day April r.
At this time Hobart William De
Witt, 25, of Sang Run, will be tried
for the murder of his three-months-
old daughter.
Two appeal cases we're disposed
Of One concerned Richard Max
we'll Upole, who had appealed three
cases from Magistrate w 0. Bit
ger Upole had been fined Sl00 and
costs on a charge of driving while
under the influence Of liquor, $25
and costs for reckless driving and
S25 and costs for having no oper-
ator's license. When his case was
called in the circuit court last week
he did not answer to the call and
the appeal was dismissed and his
bond forfeited However, his bonds
man came into court with Upole.
He was called before Associate
Judge Neil C. Fraley, who struck
out the clause on bond forfeiture
and ordered Upole TO serve 60 days
in the county Jail.
Edward and Joseph Messenger,
of Baltimore. were tried before the
court on Monday on an appeal case
and Judge Fraley returned YER
dict of not guilty. The two men
were fined 500 and costs each be-
fore Magistrate Bitter last year on
charges of possession of illegal
deer. Judge Fraley's decision re-
vcrscd the decision of the magis-
| trate.
Joseph Smith and Leila Smith
| were successful in suit TO force
+. w. Adams to pay over sum of
$500 to them The testimony showed
! Adams claimed he was legal agent
to sell Smiths property on Deep
| Creek lake and receive a commits
sion of five percent. Subsequently
deal for the sale of the property
for $4,000 was made and Adams
received a down payment of $500
which he kept as his commission.
The purchaser did not complete the
bargain and Smith claimed since
the deal was not consummated,
that the down payment Of $500 be-
longed to him. The case was tried
before the court March 81 with a
verdict in favor of the plaintiffs.
Adams was ordered TO pay $500 to
Smith.
In civil case last Thursday a
jury brought in a verdict of $12718
in favor of Sanders and Hershman,
against James c. Hinebaugh
The suit was brought by Sanders
and Hershman for an unpaid gar
age debt and other charges in
CURED following an automobile ac-
cidcnt which involved Hinebaugh' S
car. The garage made repairs to
the damaged automobile and failed
to receive payment, claiming bill
of $22O.18. limbaugh entered a
cross bill of complaint, claiming
$3.50 for repairs not being properly
made The jury brought in YER
dict for the plaintiffs, Sanders and
Hershman, in the amount of S12718.
Trial Court OverruIed
Associate Judge Fraley also
clarified a section of the state law
on deer hunting in al appeal case
from Magistrate Charles S. Zellcr,
| GrantSVille
The Judge reversed the decision
of Magistrate Zeller. Last Dccem-
Der IA. at a hearing before the
magistrate, game WardcnS charged
Gerald Mckenzie with hunting for
a second deer after he had already
| checked a deer at the GrantSVille
checking station on opening day of
the season:
Counsel for the defendant con-
tended at that time that the state
had not proven Mckenzie had
killed the first deer, and Zcller
gave verdict of not guilty The
state then appealed TO the Circuit
| Court.
Judge FralCy ruled that when a
hunter checks deer and permits
the animal to be tagged with his
name il is prima facic evidence that
he admits killing the deer The law
docs not permit a hunter to kill
more than one deer per season.
A fine of $l0O and costs against
Mckenzie we're suspended by the
judge, since it was a test case and
heretofore the law had not been
clarified
The game wardens took the APP
peal so that ruling could be OBJ
tanned.
$4,000 Pledged For