Evening star. [volume] (Washington, D.C.) 1854-1972, 1857-12-14

the case Of the United States rS John Baptist
wherein the defendant stood charged with steal
ing sheets, tin pan, pillow-case and two shirts
from Mr.. John Kelly. Found guilty as indicted
The next case taken up that Of the U =
IS William Nicholson FOL assault and battery On
James Moore with intent to kill him on the 11d
of last July. The facts given in evidence were
that the defendant and the man Moore both he
lOnged To fishing vessel in GPorgetown. the,
they were both drunk on the niyh ut i'm ouss,in..
that Nicholson accused Moore of stealing Ms
toll that Moore made similar charge soaf,s,
Nicholson. Moore being on the wharf dared
Nicholson, who was on the vessel IN come ~,
shore and fight him. Mutual invitations TO aobt
were so exchanged, and finally NichoIs,n I,,ent
on shore and the parties clenched and scpfss
ensured A moment after Moore cried out that he
was Stabbed Assistance being called and lights
bring procured, Moore was discovered te 10
stabbrd In the abdomen. He afterwards died
from Summer disease, and while his wonnds
we've hraiing. The defence endeavored to make
u apPra: that the disease i'm the system Of
Moore AT the time of the Stabbinp to show that
the indictment should be quashed If such was
the iari, they coniended that the indictment
shO1ld have b@en for manslau0 hteT instead uf as
SAINT aud battery. Instructions to this effect vere
prayed by the counsel for the defence
The case was closed and went to the iury at Az
ocIoCk D. m John Baptist was told 10 stand m
Tor sentence The Court stated that inasmucb ,s
Baptist had been in Jail for four months the SEN
fence oil The Court was that he be further impris-
oned IN the county Jail for 4 space of I've months
and pay tine Of 81. The jury here returned in
the case OF W lillian Nicholson a yerd let of as
sault and battery only. And then the Court ad-
To-day, the Court met at 10 O'Clock, and the
District Attorney being absent, through sickness
John Norris, Esq. formerly prosecuting at.
ted states, in his place
AFTER the Grand and Traverse Juries had been
called the Court took up the case Of UiIIrry
HntchinS for assault and battery on Michael Ma,
glnnls; submitted TO tine Court Hutchins wa,
nhsd - ana costs gave security for the amount
and was disc arged.
The next fax N ,.-,s - - w
Harrison Bu;terbaugh, for larceny OF six mats
valued at s., from Mr. Vansan, This Ioy, nj
some ten years OF age, Was discharged by the
Court ON previous indictment for petty larceny
Idsi Week lie now came up the above charge
ana inns Time his case went TO the Jury and was
pending when this report closed
CIRCUIT COURr.-in this Court, on Saturday
last, the case of the United States rs A FL
heese under rule 10 show cause why he should
not be dismissed from his orice OF county consta-
Die ON account Of alleged malf,asancr, was not
ar stated IN our Saturdays issue. argued The
Gaze Was called up just as our port closed but
WIS aiteIwdTd postponed Until Tuesday next and
Tue Court took up the case of J. ID. Hoover rs A
l.. l.. Reese This WAS an action involving a
point of great Importance, viz: whether an eye
Cutinn III the hands of the Marshal and not lev
led, bad priority over an execution on d Judgment
OF justice OF the peace first levied; bat subse-
quent 20 the receipt of the execution from tie
Circuit Court by the Marshal; Or in other words
whether an execution from the Circuit Court in
the hands Of the Marshal, creates a lien upon
personal property. The was fully argued
by ChaS = WallaCh and Jos III Bradley for the
plaintf, aud Carlisle and maury for the de-
PENDANT, and Was still pending when the Court
adjourned.
The case of Thomas Woodward rs the Levy
Court, was taken up on Saturday. This was IN
action under an opinion Of the late Attorney
UeneTal, Gen. Gushing. The fees OF the Coroner
were paid by the Levy Court under an act of Ma
Tyiand OF 1879 until the year 1873, when by the
SIN section OF an act of Congress creating tie
Criminal Court, the same fees were allowed to
The Coroner and jurors, and witnesses summoned
by him on any inquest as are allowed TO the Mar
shal OF the District and the jurors attending the
circuit Court. Under this act the Coroner and
Jurors and witnesses summoned by him were
Paid1, out out Of the Treasury of the United States
until ls53, when Mr. Gushing decided that the
nlted states was not, but the Levy Court ,vas
bound This case was argued with great ability
on the part of the plant by Messrs j RI Brad
ley and w r Woodward and by Mr.. s Cor
for the defence, but the opinion of the Court was
not given on Saturday
To-day tue Court met at 10 o'clock and Mr.
Kennedy, fOE PLAINTIFFS, appeared on a motion
IoT a new tIial OF the ease of Hewitt rs NJ and
l. Brown, involving the verdict Of a Jury at Z;
former trial, whereby the plaintiffs Were mad.
To pay for the alleged loss OF trunk tLrnug b the
alleged caTelrssness OF the now plaintiff porter
[cOMMUS!CArED
TIE REVISED CoDE.-We have already seen
the legalizatiOn OF usury, and the white washing
Of The infdel. IL is almost useless to look fur
ther into a code which gives birth to such enor-
mites a. these 4 code which thus cavalieTIy
TeverseS the wisdom Of ages, has not much To in
duce further research. With such objections
alone, II should not receive public sanction. But
IN addition to these there may be Uther kinks
But now aFe they 10 be discovered All people
are not lawyers. and all lawyers are not coInpe-
tent to the task. Such are. have their hands
fuiI vi business which brings them recomDeu,e
Tor thei' toll; aud leaves them exhausted 10 too
great deg TO work pro bono pHBIico What
then. shall we do, Take the code .ssie hts I'M
seen, and my from ills We know to those We
know not OF Is that the course discreet men
pu.s sue VA their business And will we not use
"fhihdry DISCRETION ia the great business Of en-
Sctibg Laws HHdrr Winch y. are To live,
Eve" br that Is no lawyer can find defects In
the Revised Code SOne nhd a clause Ie-enact-
ing imprisonment for debt. I find a provision
which after prosecuting To- conviction the man
Nuo tfhednlentiy conc-als his property that 1t
may not he taken To satisfy his honest debts
leaves him go scott free" What hunter after
weary sraTch having freed his coon would 90
away without his hide, And shall not he lie
punished whom jury OF twelve OF his fellow
hneh Ind guilty OF fraUdulentty eoneeaGing his
property,
Fellow-citizens you may endorse the code
which is-thHs Uunglin2 in its provisions II is
Tor YOU to exercise Y0Hr pleasure. for one will
say NO JCsTlTI.
MORE PISTOL FIRING In the early mart Of
Saturday evening, several discharges Of firearms
HseTe heard Ia the direction of Pour and "A half
street ia the Seventh Ward. The Guards and
special Police, went To the spot and arrested
dhu hobcu PdGkhIll Tor being
drunk and disOTdrrly. aud carrying dangerous
weapons An old fashioned double pisto! was
Saken from Barron, and Il handsome Colts revolt
yer from PaTkhiIl.
On the way over they tried to make themselves
as tTOubesome AZ possible To the officers, and in
order 10 quiet Barron AN application Of an OIL
cerS short staff became necessary after which
the difficulty Of conveying them to the station
lesSen"d- Yesterday ParkhilI was fined $50 and
costs, and Barron Sd ard costs John Barron
for attempting to IeScue the prisoner was Ened
- and costs.
We are very glad to that the officers are
hauiing mp these Pistoi-rring offenders in the
Seventh Ward, and hope they'll s'do so some
more There are good many other guilty
On-s To be looked after tLereabouts
Tax RIVERA heavy frost " hich spread itself
over the framework Of the Long Bridge this
morning, afforded the boys d ne nance for snow
balling Il small scale.