Urgent Letter

A Local Vet Needs Your Attention

To whom it may concern:

My name is Benjamin Lukacek.  I am a 100% disabled Army veteran. 

 I purchased a home here in Pocahontas County in October 2017.  I was told that after living here 2 years I would qualify for a Homestead exemption. 

 I have been trying to get this exemption with no luck and little help from the county assessor’s office.  I was told that I had to PROVE I was living here.  I was told that I could use as evidence Personal property, Voter registration, driver’s license, or proof of employment. 

Now I have a couple of problems.  As a 100% disabled vet, I am unable to work.  This type of proof would seem to me to be discriminatory as only some people have the ability to get it.  To require it and not have an alternative is not fair and unreasonable.

  Also, your representative has told me you will only accept automotive titles and voter registration.  Both of these require the changing of your driver’s license. 

 If there is a problem transferring your license (as I had) these evidences cannot be attained.  Therefore, I am being denied a tax benefit I have earned through no fault of my own.

As I look at WV Code SS 11-6B-3, I see that it states: “Proof of residency includes, but is not limited to, the owner's voter's registration card issued in this state or a motor vehicle registration card issued in this state.”  Now the highlighted part is interesting as it denotes that the minimum accepted evidence is voter and or vehicle registration.  If this is the minimum, where can we find the intent of this regulation?

Well in WV codes SS 11-6B-2 Definitions, we get one answer: “"Owner" means the person who is possessed of the homestead, whether in fee or for life. 

A person seized or entitled in fee subject to a mortgage or deed of trust shall be considered the owner. A person who has an equitable estate of freehold, or is a purchaser of a freehold estate who is in possession before transfer of legal title shall also be considered the owner. 

Personal property mortgaged or pledged shall, for the purpose of taxation, be considered the property of the party in possession.”  So by the codes own definition, a home is personal property and, for purposes of taxation, should be considered as primary evidence of residency.

I now go to the WV DMV.  Acceptable pieces of evidence that you are a resident includes: “WV mortgage documents, WV homeowner insurance documents for a WV residence, or proof of WV home ownership”.  

Again, real property, a mortgage, and personal property insurance, is accepted as proof.

Real property is considered evidence of residency by WV code SS11-6B-3, and by the DMV.  Personal property is also accepted by both. 

 Black’s Law dictionary defines Personal property as:  “The belongings of an individual, generally includes tangible and intangible assets of an individual.”  Which evidence would you prefer in this example, U-Haul receipts and or Personal Property insurance receipts?

If one were to look at welfare, what does the state require before residency is established? 

WV INCOME MAINTENANCE MANUAL chapter 8.2 states in part “An individual remains a resident of the former state until he arrives in West Virginia with the intention of remaining indefinitely. 

Therefore, intent to establish or abandon residency must be known before the state of residence is determined.”  So here we have two parts, first the action of moving; second, the intent of staying.  I can easily prove moving.  I can also show participation in community events over time.  Intent can thus be established.

I have now presented three different state agencies that accept home ownership as evidence of residency, not the least is the definitions statute of your own regulation WV code 11-6B-3.

  I also have Personal property insurance and U-Haul receipts to show an actual move and intent which is also spelled out under personal property in WV code 11-6B-3 as well as the other state agencies above mentioned. 

 I have multiple other evidences to show as are also stated as acceptable in WV code 11-6B-3.  I just need you to decide if what I offered will be acceptable; in the alternative, you may make other suggestions.  

To truly follow the spirit of your code, it is your duty to help me to be successful in this process, not make it difficult or impossible to complete.

Sincerely:

Benjamin C. Lukacek

U.S. Army disabled

Green Bank, West Virginia

History of Christmas Carols 2

The History of Christmas Carols

written by Les Hewitt December 19, 2018

Few Christmas traditions pre-date the singing of holiday tunes during the most festive season of the year. The history of Christmas carols has been going strong across Europe for thousands of years. It is only in more recent times that this yuletide song making has been regarded as “caroling.”

Children carolers in Bucharest, 1929. Public domain, Nicolae Ionescu.

Winter Solstice Roots

The history of Christmas carols in Europe goes back to Pagan Winter Solstice celebrations. Revelers not singing celebratory songs would usually dance around stone circles. In its original form, the word ‘carol’ had several meanings. Pagans would cite it as a dance to something. In fact, the word carol derived from the French word carole, which was a type of circular procession of dancers and singers. Carol also applies to songs of praise and joy. However, in the Pagan tradition, these celebrations took place throughout the year and not just in or around wintertime. As generations passed, carol singing became more synonymous with the Christmas holiday.

Chanting and song have been a part of rituals and celebrations from some of the earliest of societies.

ANTIQUITY NOW

The First Christmas Carol 2nd Century

Almost immediately after Christianity began to rise and spread through Europe, the older Pagan traditions were superseded by Christian observances. One of the earliest versions of a carol was a song that was titled the Hymn of the Angels or Gloria in Excelsis. The song details the words of the angels after the announcement of Jesus’ birth to the shepherds. One Roman bishop, Telesphorus, firmly believed that the song should be used during a Christmas service in Rome in AD 129 but strictly by bishops. You can listen to a version of it below.

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Issues With Latin Carols

Six hundred years after, Comas of Jerusalem composed another famous early example of a carol. Written especially for the Greek Orthodox Church, Comas’ hymn set something of a precedent for composers all across Europe, and other songwriters followed suit with a slew of additional tunes. This trend only became popular for a while, as the novelty quickly wore off. The main problem behind this apparent fad was that the language of every carol was Latin. Much of the population did not understand or speak Latin. Thus, the Middle Ages saw a drastic drop in the popularity of caroling and, generally, of Christmas altogether.

Christmas Caroling Goes Public 1200s

The “Father of Christmas carols” was Saint Francis of Assisi. In Greccio, Italy, 1223, St. Francis created nativity scenes in a cave, complete with live animals, and invited the villagers to gather around the manger while he spoke about baby Jesus. Worshippers sang hymns, or “canticles,” as St. Francis called them. Only some of the new carols were sung in Latin, and, thus, the audience was able to participate in the songs of praise. This idea quickly spread to France, Spain, and Germany before spreading further afield in Europe.

The First English Carols Emerge 1400s

Caroling had become more widespread when the first English carols emerged in the early 1400s. John Audelay, an English priest and poet, was a significant contributor to the history of Christmas carols when he composed at least 25 Yuletide hymns in English that he and a group of carolers sang from house to house. Audelay’s songs mostly contained themes of repentance, rather than holiday cheer. And it wasn’t until later when Christmas carol lyrics began to focus more on the story of Jesus.

In the 1500s, King Henry VIII wrote a carol called, Green Groweth the Holly. You can listen to an excerpt below.

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Christmas Carols Are Banned in the UK 1600s

The tradition of Christmas carols continued in the UK for another 225 years and only stopped when a new regime came to power. A radical Puritan and political figure of the Commonwealth of England, Scotland, and Ireland, Oliver Cromwell outlawed the public singing of carols in 1644. In fact, he banned the celebration of Christmas altogether. However, as most people would take the activity underground and perform in secret, Christmas carol traditions managed to survive this period in history.

In 1660, Restoration of the British monarchy abolished all legislation between 1642 and 1660. At that time, everyone came out from hiding to celebrate Christmas once again with feasts, festivities, and, of course, singing.

Resurgence of Caroling

Still, public performances would not be seen much on British streets until two men in the 1800s – William Sandys and Davis Gilbert – began collecting old seasonal music from villages all over England. While Gilbert published two small collections of carols, Sandys collected and published the lyrics and tunes to over 100 carols from different times periods and places. His is, by far, one of the biggest contributions to the history of Christmas carols and their resurgence. Not for the first time, carol singing in public became hugely popular. Local leaders appointed prominent people to become official carol singers.

Composers created many new carols to cope with the demand, and quite a few of these still exist today, such as God Rest Ye Merry Gentlemen and We Three Kings of Orient. Three additional noteworthy titles, Good King Wenceslas, Silent Night, and The Twelve Days of Christmas have interesting origins all of their own.

Good King Wenceslas

John Mason Neale was studying at Sackville College in East Grinstead, Sussex, when he wrote a modern Christmas carol to a traditional folk tune. In his carol, the Duke (or King) of the ancient Central European area of Bohemia – or the modern-day Czech Republic – saw peasants on Boxing Day without much in the way of material belongings. The King took out food and firewood for them to use. All of this was dated to about 1000 years ago and is now considered to be fictional. The real King Wenceslas is an altogether different ruler.

Wenceslas’ father passed away when he was just 12 years old. Not being old enough to assume the throne, his mother ruled instead. It is generally believed that his father was a Christian and his mother was a Pagan. During her reign, Wenceslas’ Christian Grandmother cared for him in the ways that she was accustomed to. As a result, Wenceslas mother banished his grandmother to a remote castle where the Queen’s Guards murdered her. However, Wenceslas held fast to his upbringing and smuggled in local Bishops who taught him the Bible. On his 18th birthday, Wenceslas reclaimed the throne. Local legends insist that he banished his mother and all of her Pagan followers from his lands.

Silent Night

Father Joseph Mohr arguably wrote the words to the best known Christmas carol of all time in Mariapfarr, Austria. Two years later in 1818, Franz Xavier Gruber, a local school teacher, and Mohr’s friend, provided the music for his lyrics. This collaboration arrived just in time for the St. Nicholas Church’s Christmas service in the Austrian town of Oberndorf. The arrangement was originally meant for the guitar, but after several years of effort, someone created another version for the church organ. However, legend has it that during rehearsals, the organ suffered damaged and was unable to produce a single note. Mohr agreed to perform the carol by guitar.

Another of Mohr’s suggestions did go ahead, even though it surprised quite a few parents. Mohr wanted the children of the village to debut the carol at the Midnight Mass on Christmas Eve. Their performance was so flawless and they all learned the lyrics so well that they did not require any accompaniment at all.

The Twelve Days of Christmas

Between 1558 and 1829, practicing Catholicism in the UK was illegal. During this time, even the reading of a bible was an offense that warranted a prison term. Therefore, some people believe that The Twelve Days of Christmas was really a tool that secretly taught children all about Catholic ways. There is no real evidence to back up this assumption. It may be that the addition of any Catholic meanings occurred at a much later date. Some speculate that an old folk song was the origin of The Twelve Days of Christmas that changed throughout time.

A song written on or even before 1625 adds some religious context to the twelve days regarded as the Christmas Holiday. This tune, A New Dial or In Those Twelve Days, was aimed at Catholics and Protestants alike. In the older version, ‘True Love’ was supposed to represent God and the love for the world as a whole. “Me” was a generalization of all people looking forward to receiving the gifts mentioned. The gifts as well had more symbolic meanings than a first glance would allow.

Possible glossary of the Twelve Days of Christmas:

A partridge in a Pear Tree: Either referring to God or Jesus during the crucifixion.
Two Turtle Doves: Both Testaments of the Bible.
Three French Hens: Each member of the Holy Trinity. (The Father, The Son and The Holy Ghost).
Four Calling Birds: Four Gospels of the New Testament, perhaps even the Horsemen of the Apocalypse.
Five Gold Rings: All five senses, alternatively, the Torah or the Pentateuch.
Six Geese a-laying: Six days of creation.
Seven Swans a-swimming: Could refer to Seven Liberal Arts studied in Medieval Universities or the Gifts of the Holy Spirit.
Eight Maids a-milking: The Beatitudes.
Nine Ladies Dancing: The Nine Muses from Greek Mythology.
Ten Lords a-leaping: The Ten Commandments.
Eleven Pipers Piping: 11,000 martyrs of the Christian faith or the eleven faithful Disciples of Jesus.
Twelve Drummers Drumming: All of Jesus’ closest disciples – including Judas Iscariot.

Joining the History of Christmas Carols

Festive music goes beyond known and familiar Christmas carols. Megastar musicians have also tried to cash in on festive music in the approach to Christmas. In the UK, the more popular anthems sung at countless Christmas parties would include Slade’s Merry Xmas Everybody, Wizzard’s I wish it could be Christmas Everyday, The Pogues Fairytale of New York and Wham’s Last Christmas. There are plenty of others that are equally popular and just as traditional as Victorian Yuletide classics. Only time will tell if these go on to become vetted pieces in the history of Christmas carols.

History of Christmas Carols

The History of 'Joy to the World'

One of the most interesting things about the popular carol “Joy to the World” is that it wasn’t written about Christmas, or even as a song. Isaac Watts, a minister, and prominent hymn writer, in 1719 published “The Psalms of David: Imitated in the Language of the New Testament,” a book of poems based on the psalms. More than a century later, the second half of the poem that drew on Psalm 98 was adapted, set to music, and became “Joy to the World.”

Instead of being written for Christmas, the original poem was composed to celebrate the Second Coming of Jesus. No one seems to know how it eventually was associated with Christmas.

The music accompanying the song is thought to have been composed in 1839 by Lowell Mason, another prominent hymn writer, with some notes possibly borrowed from Frederick Handel’s masterpiece “The Messiah.” Some writers believe that the Handel himself wrote the music.

Watts believed that the songs performed in worship services in his time lacked joy and emotion “To see the dull indifference, the negligent and thoughtless air that sits upon the faces of a whole assembly, while the psalm is upon their lips, might even tempt a charitable observer to suspect the fervency of their inward religion,” he said. It’s unfortunate, then, that he never heard what began as Psalm 98 set to such joyous music.

In 2014 TIME magazine set out to determine the most popular Christmas carol, also called a noel, in recent times. After combing through files at the U.S. Copyright Office going back to 1978, the magazine learned that “Joy to the World” was the second most recorded Christmas song over that period, following (distantly) only “Silent Night."

A History of "What Child is This"

Originally written as a poem in 1865 by William Chatterton Dix, "What Child is This" was later set to the melody of "Greensleeves". Although written in England, the song is considered to be one of the classic American Christmas carols.

What Child is This

Chords Used: Em | G | D | Bm | B7

Words by William Dix, 1865.  
Traditional English melody.

       Em      G         D       Bm
What Child is this, who, laid to rest,
   Em            B7
On Mary's lap is sleeping?
     Em     G          D       Bm
Whom angels greet with anthems sweet,
      Em        B7        Em
While shepherds watch are keeping?

chorus:
  G             D  
  This, this is Christ the King,
       Em                  B7
  Whom shepherds guard and angels sing:
  G               D
  Haste, haste to bring Him laud,
      Em        B7     Em
  The babe, the son of Mary.

Why lies He in such mean estate
Where ox and ass are feeding?
Good Christian, fear; for sinners here
The silent word is pleading.
(chorus)

So bring Him incense, gold, and myrrh,
Come, peasant, king, to own Him;
The King of kings salvation brings,
Let loving hearts enthrone Him.
(chorus)

What was the first Christmas carol?

It’s generally accepted that one of the first Christmas carols ever to be recorded was the 129 AD ‘Angels Hymn’, according to The New Daily. Around this time, Christianity-themed hymns started taking over the previous pagan songs celebrating Winter Solstice.

More and more slow, solemn hymns started to emerge in the fourth century, and by the 12th, songs referring to Nativity themes and creatures had emerged.

According to Oxford Dictionaries, one of the oldest printed carols is the ‘Boar’s Head Carol’, which dates from 1521. Apparently, it was traditionally heard annually at Queen’s College, Oxford as Christmas lunch was carried in.

‘Coventry Carol’ is a Medieval carol that endures in today’s Christmas programmes; and Renaissance composer, Victoria’s ‘O magnum mysterium’ remains popular.

Other traditional carols thought to be from the Middle Ages include ‘God Rest You Merry, Gentlemen’ and ‘While Shepherds Watched Their Flocks by Night’ – although the ‘God Rest Ye’ we know and love today is a Victorian setting (see below).

Carols and their words continued to be disseminated, even in the 16th century when Oliver Cromwell and the Puritans tried to ban the singing of carols.

Carols were being collected and printed widely by the 19th century. And in 1880, it’s believed the Christmas carol service was invented in Truro by an Edward White Benson, who later became the Archbishop of Canterbury.

Many of today’s most popular carols are dignified 19th-century offerings with tuneful melodies, rich harmonies and Christmassy sounds abundant.

‘Hark! The Herald’ – an 1840 tune from Mendelssohn. ‘Silent Night’? Composed in 1818 by Franz Xaver Gruber to lyrics by Joseph Mohr. ‘Good King Wenceslas’? – 1853 lyrics set to an older tune. The list goes on…

It's one of the best-known pieces of Christmas music. Here’s everything you need to know about the timeless carol 'Hark! The Herald Angels Sing'.

The lyrics for ‘Hark! The Herald Angels Sing’ were written by Methodist Charles Wesley in 1739. But the tune that's most familiar today was written by Felix Mendelssohn.

Since then, ‘Hark! The Herald Angels Sing’ has become one of the most widely sung carols in the UK – and yet, many people are unaware of the fascinating story behind it.

This carol first appeared in the collection Hymns and Sacred Poems – but Charles Wesley's words were sung to a somewhat gloomy melody, rather than the joyous version we all know and love today.

What is ‘HARK! The Herald Angels Sing’ actually about?

The purpose of the carol was to explore the spiritual theme of ecotheology, linking Christ’s intention to redeem not only humankind, but nature as a whole.

The words ‘Peace on earth and mercy mild, God and sinners reconciled’ in verse one, and ‘Light and life to all He brings, Ris'n with healing in His wings’ in verse three represent this contrast.

Are there other adaptations of this carol?

Wesley’s original words for the carol began with the lyrics: “Hark how all the Welkin rings, Glory to the King of Kings”, before being rewritten by George Whitefield in 1754 – to begin with the couplet we know today – and again in 1782, giving us the complete text we sing now.

The tune we know today was adapted by the English composer William H. Cummings from a melody in Felix Mendelssohn's 1840 choral cantata Festgesang.

Lyrics to Hark! The Herald Angels Sing

Hark! The herald angels sing,
"Glory to the newborn King!
Peace on earth and mercy mild,
God and sinners reconciled."
Joyful, all ye nations rise,
Join the triumph of the skies,
With th’angelic host proclaim:
"Christ is born in Bethlehem."
Hark! The herald angels sing,
"Glory to the newborn King!"

Christ by highest heav'n adored,
Christ the everlasting Lord!
Late in time behold Him come,
Offspring of a Virgin's womb.
Veiled in flesh the Godhead see,
Hail the incarnate Deity,
Pleased as man with man to dwell,
Jesus, our Emmanuel.
Hark! The herald angels sing,
"Glory to the newborn King!"

Hail the heav'n-born Prince of Peace!
Hail the Son of Righteousness!
Light and life to all He brings,
Ris'n with healing in His wings.
Mild He lays His glory by,
Born that man no more may die,
Born to raise the sons of earth,
Born to give them second birth.
Hark! The herald angels sing,
"Glory to the newborn King!"

When did people start ‘carolling’?

The notion of groups of carollers assembling in public spaces was a 19th-century one, according to Oxford. Called ‘waits’, these collections of singers used to gather to perform for passers-by, who traditionally thanked them with tasty offerings of drinks or mince pies.

It became known as wassailing and continues today, of course. Groups continue to sing – in squares or door-to-door – and it’s with unrestrained joy that we continue to sing carols in Christmas church services, in the chilly air or in restrained-yet-merry tones inside our houses as we put up the tree.

What makes Christmas music so Christmassy?

There are several elements that go into something seeming to sound unquestionably Christmassy.

Stirring melodies are usually sprinkled with minor and diminished chords – think of the mix of major and minor melody lines in ‘God Rest Ye Merry Gentlemen’ – in popular Christmas carols and songs.

This all underpins lyrics that are nostalgic, and often as sombre as they are uplifting and inspiring. Centred around the miraculous story of Jesus’s birth, of course, the overall message of the Christmas carl is one of awe, humility, hope and abundant joy.

In more modern Christmas music, you can rely on a stick of ‘sleigh bells’ or similar to guarantee a Christmas auditory association.

Why aren’t Christmas carols sung all year round?

“Oh, well I wish it could be Christmas everyday, When the kids start singing and the band begins to play...” rock band Wizzard first sung in the 1970s.

Plenty of people do, and while we’re sure some sing Christmas carols all year round, it’s traditional to stick to singing carols in the lead-up to Christmas Day, if we’re to take Oxford’s definition of carols literally (see top of article).

The lead-up to Christmas is best seen as being from the start of Advent – the period marked by the first of the four Sundays before Christmas – until Christmas Day. The end of Christmas is usually marked by the feast of Epiphany, the day in Christianity where the revelation of baby Jesus is celebrated (usually 6 January).

It’s certainly considered in poor taste to sing carols much before, or beyond, this period – no doubt amplified by ongoing superstitions such as it being bad luck to keep decorations up beyond the Twelfth Day of Christmas (which is 5 January, for anyone unsure).

Interestingly, some carols throughout history seem to celebrate a period outside the Christmas season. ‘Coventry Carol’, for example, is believed to have originated from Medieval Coventry Mystery Plays, traditionally performed in the middle of the summer.

And there are instances of carols being used in different contexts that take them outside Christmas. John Tavener’s exquisite carol, ‘The Lamb’, for example, was used in the soundtrack to Paolo Sorrentino’s film, The Great Beauty (definitely not a Christmas film), which was released in the UK on 6 September 2013 (well outside the Christmas season).

Read more: Which are ‘The Twelve Days of Christmas’ and what are the lyrics to the song? >

Today, lots of new choral Christmas music is often commissioned by leading choirs like The Choir of King’s College, Cambridge, and lots of leading living composers, including Arvo Pärt, Eric Whitacre and Bob Chilcott, have written beautiful contemporary carols.

To Poop or Not to Poop--That is the Question!

 § 61-8-9. Indecent exposure

(c) Any person who violates the provisions of subsection (a) of this section by intentionally exposing himself or herself to another person and the exposure was done for the purpose of sexual gratification, is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than five hundred dollars or confined in jail not more than twelve months, or both.  

1.  Notice the "and" in the law.  Intentionally exposing ones self to another person is not sufficient to convict someone of "indecent exposure."

2.  It requires that it be done with the purpose of of "sexual gratification".

3.  Some people do get a bang out of watching someone take a dump.  But, by and large, the majority of people consider watching someone take a dump to be disgusting.  That's why restrooms generally have "stalls" with a door and a lock on them.  The days of the three hole outhouses are gone.  I went to school on Cummings Creek where we had a two hole outhouse, but I can't remember ever going to that outhouse and sitting down beside someone else.  

4.  I personally find watching someone take a dump to be somewhat disgusting but I don't assume that because they are taking a dump that they are getting a sexual "buzz" from the knowledge that I am present at the time of the dump.

5.  And the law recognizes the question of purpose of taking a dump in public.  That is why the wise legislators put in the "and".

6.  Growing up on Beaver Creek,  I have seen cows, horses, and pigs take a dump.  I never thought they were getting a "buzz" by doing that.  I have seen people standing beside the road (with their back turned usually) taking a "leak".  As a man on fluid pills I have to pee at least 4 times each morning.  There have been times when I didn't make it in time to the restroom.  What person has not had a "crisis" when on the road or street?  My own father once peed in a grocery store aisle when he could not find a restroom.

7.  The court wants to put Ferrell in jail for a long time because he took a dump on the street near the old Dirt Bean where someone just happened to be watching.

8.  It's costing us $48 per day to keep him waiting just for a trial.  This is not counting the legal cost.  He has already cost the county thousands of dollars.

9.  The problem is that the law of "indecent exposure" requires that it not be merely an accident or a "crisis" excretion because he was not near a restroom.  (In fact, he was within feet of a restroom in the Dirtbean.  But Ferrell doesn't feel comfortable using that bathroom.}  For Ferrell, the nearest commode he could feel comfortable using was near the mini park or the Town Hall.

10  And when you gotta go, you gotta go!  Remember, that a mess in the pants is a bigger deal when you don't have extra pants or clean underwear.  Even worse when you don't have a home with a washing machine.  He didn't want to mess his pants.  (A rather human concern, just ask a baby if they like  poopy diapers.)

11.  So what he to do?  Even Hamlet must have been faced with this question at one time.  Did Ferrel know that someone was watching him at the time and that they might take affront at his public display?  No, he dropped his pants and took a dump!  

12.  That being done, he had at least broken half of the law.  But you can't hang a guy for half a crime, especially when our esteemed legislators said that exposing one's self to another person required that the "shower" must be getting a buzz off  the "showing".

13.  So did he commit the crime for which he has been accused and did he just commit "half" a crime?  Or maybe he was just taking a dump--something that most people do every day or so?

14.  Was Ferrell trying to gratify himself sexually when he took the dump or was he just trying to take a dump?

15.  Remember that it is not that Ferrel was "flashing" people.  He actually was taking a dump!  The police have taken fecal samples to determine if an excretion actually occurred.  

16.  Perhaps the forensic examination will determine that it wasn't even human fecal material but a mere dog turd.  And even if their sample proves to be human, was it Ferrell's?

17.  If the esteemed witnesses could see his anus, they certainly could have seen whether he was "excreting" at the time.  If he was "excreting" it seems that he needed to do so and was not merely exposing himself for "sexual gratification"  After all, most people can't poop on demand!

18. It's one thing to dangle your whizzer in front of an audience but to actually pee requires timing.  So it is with other excretion of a more substantial kind.  The timing is most questionable.

19.  So did Ferrell decide to take a dump by the Dirtbean because that's when the dumping urge came or was it a matter of intentional provocation.  Did he see the people in the Dirtbean and say to himself, "I am going to take a dump here so that I can get sexual gratification" by doing so OR DID HE JUST NEED TO TAKE A DUMP?

20  That's the $64,000 question.  (Ferrel's cost to the county is plus $50,000 already)  How did the witnesses come to the conclusion that Ferrell was merely gratifying himself sexually or merely taking a dump?

21.  It's an important point.  DID FERREL COMMIT A WHOLE CRIME OR A HALF-CRIME?  Should people be able to convict their peers for "half-a-crime?" 

22.  When I see an "and" in the law, I think of arithmetic and the concept of adding.  I assume that the latter part of the sentence is as important as the former part!

23.  I have been called to jury duty and I truly look forward to sitting on Ferrel's case.  I want to see how the law handles the "and" in the law.  If it can be shown by evidence or even legal argument, that he is guilty of a "whole-crime" I will convict him in a heart-beat!

24.  I want to see how a well-trained public defender who has passed the bar exam in WV is able to handle this silly issue before a jury.