State vs Ellen Fluharty Part 2

The Fairmont West Virginian., May 8, 1905

CASE WILL BE TRIED AGAIN AT

THE AUGUST TERM OF

COURT.

     The jury in the Fluharty case failed to agree and was discharged at 11 o'clock this morning.  It is reported that they stood 10 to 2 for conviction from the first vote to the last.

     Ellen Fluharty was recognized in the sum of $200, and Daisy Blodgett in the sum of $100, to appear for retrial on the first day of next turn, August 15.

     The jury took a recess from six o'clock Saturday night, after having been out three hours, until nine this morning, when they were again sent to their room until eleven.  At that time Judge Kendall had them recalled, when the foreman stated that they were unable to come to an agreement.

The Fairmont West Virginian., October 24, 1905

     The Fluharty trial had begun this morning.  The jury empaneled consisted of the following members:  Charles Crim, Shorden Murphy, Dan Toothman, Jonathan E. Jolliffe, Bud Merrifield, Jack Jones, Ezra Keener, John M. Millan, J.D. Radford, Jacob Carpenter, Charles Linn, Lonnie Hayhurst.

     Ellen Fluharty is accused of keeping a house of ill fame at Mannington.  The case has been up for trial once before - at the May term - and the jury failed to agree.  The principal witnesses for the State are .G. Jones and his daughter, Mrs. E.B. Hayes, who are, or have been, next door neighbors of the Fluhartys.  Both Jones and Mrs. Hayes have given most startling testimony as to what they have seen next door.  Mrs. Fluharty's daughter, Daisy Blodgett, is under indictment for loitering at the house of ill-fame, and Daisy's conduct, according to Jones' and Mrs. Hayes' evidence, is a long way past the limit of decency and morality.

     So, my source for old newspapers doesn't have any more information on this second trial.  People submit copies of these old newspapers, and those from October 25-31 are unfortunately missing - which is when the second trial most likely took place  I did however, find one more thing with the name Ellen Fluharty in it, and it looks like she was indeed convicted in the October trial.

 The Fairmont West Virginian., December 19, 1905