Evening star. [volume] (Washington, D.C.) 1854-1972, 1858-12-08
TAI cIicurr counr.-The case Of Kibbsy ,gt

THH cIhcuIr couRr.-The case Of Kibbsy sgt
sweeny, Rittenhouse & Co., which has occupied
this Court since Thursday morning last, is briefly
as follows: Mr.. John Hoover, Of Washington,
sold to Mr.. Armstrong, Of Baltimore, a lot of
cs.ue ior ~, and drew on him for the amount,
ssigning the draft to William B. Kibbey, who
placed 1t for collection in the hands Of Sweeny
hittenhouse Co., by whom again II was for.
wssded: In regular course Of business, to Josiah
t; e s, 20, oankers in Baltimore, for presenta-
non ,ower LOT acceptance and payment. IL
however, neither accepted nor paid; neither
ala Lee q co. protest IL, on account as thev al
ieee, tnst there was found attached to the draft
P'ece Vi paper with the words "no protest.,
printed on II. How this piece of paper became
30 atacneo does not appear in evidence and is as
YET unaccounted for. In the mean time Arm
s og becomes insolvent Hoover's responsibility
Eases on account OF the failure to protest. and
hlooey sues Sweeny & Co. for the amount Of the
orait and accruing interest for about three wears
AS 70 the no protest" attached to the draft, all
agency and knowledge with respect 10 n is dis
Claimed by Sweeny & Co, and this will he the
principal point of fact for determination by the
jury On Monday morning DEFENDANTS counsel
oHefeo the Following instruction, which, after
Iuu and animated argument, was granted by the
Court in the afternoon:
"lf the jury shall believe from the evidence
aforesaid that the said draft was delivered to the
estenoahts Tor collection In the ordinary course
OF business, and was them transmitted in dns
season to the house of Lee & Co. in Baltimore
with proper instructions, and that said house
was OF nign standing and competent to attend TO
SAID collecton and that, owing to the neoli-
gence Of said house of Lee & Co, there was
failure to protest, whereby the drawer of said
aTsit was discharged, as alleged, then the plain.
Tin Is not entitled to recover In this action
TEACHERS AssocIArIoN.-Tbe Teacbers,
ISOLATION Of the District OF Columbia held its
regular monthly meeting on Saturday at the
Smithsonian Institution, Prof l.. C. LOOMS In
the chair. The regular order of business being
the SUBJECT OF Arithmetic, Prof L. LOOMS
CONNIE nted on the unsatisfactory mode of teach
ing thls branch, usually practised in the common
SCHOOLS ana pointed out the defects in the pres
ent system He thought that the trouble wa,
that boys ceased to think and exercise their
minds In independent investigations, and were
hampered too much by the rules laid down in
the books. Colburn's Mental Arithmetic wax a
very good work In this respect, but those that
had gone through that did not know how to use
q STATE he spoke In high terms of Colburn,s
sequel. Prof. Il. Richards concurred with prof
Loomis He said that Colburn's Mental Aritb
metlc was not designed to fit the pupiI for a
business life, but only as disci plinary of the
mind, ana to lead the way to Colburn's Sequel
On motion, the subject of Arithmetic having
especial reference to LoOmis's Normal Arithme-
tic, was continued for discussion at the nert
meeting OF the Association. Prof. Richards
by request Of the Association, during the winter
and MIR. Barnard, Of Mass in the spring prof
Bache, also, had promised to give a sstaIk;;
which he had no doubt would be worth hearing
The Association adjourned to the second Sal
uTday in January next.
Dad COMPANY Yesterday, party of Young
sters, and among them a man who had some
money, rode In hack from the wharf to a tavern
near the Railroad Depot. The moneyed man
being drowsy fell to sleep, and waking discoy.
efed ms money was gone. He accused the land
lord OF taking 1t (; but upon investigation before
the Chief of Police il was proven bv his o,,,n
admissions that he did not know who took II
ana the accused, who always bore fair reputa
aIon, was dismissed Upon inquiry as to the
company ne had been in, the officers suspected
one OF the compliments companions in the
coacn: This morning the complainant whose
name Is nelly, went TO Justice Dom and wanted
10 swear that be saw his andlo lord take the rnonev
from his pocket, although he had previonsIy
stated that he was asleep at the time The Ju,
tlce was Informed by an officer of what had oc
cuIreo, ana the warrant was refused. few
moments after, the landlord, who had been al
work to remove suspicion from himself. entered
ana demanded warrant for Barney Barnes, the
person suspected by the officers. The theft, be
a p, was committed in the hack, aud that
barnes, who was one Of the company had been
exhibiting from fifty to sixty dollars at various
places during the night, and the persons who
knew him could not account for his possession
OF II. IL was also stated that Barnes Is now
under bail for Court, and that he has gone to
Alexandria.
CHrss CLuB.-The prevailing excitement in
relation to the game of chess, created by Nor
phys brilliant European success, has at length
reached our city, and active measures are now In
progress among the amateur players for the for.
NATION OF chess club, with such rules and reg
ulations as those by which similar associatioSs
are governed in other cities
On last Saturday night about twenty gentle
men. among whom are a number Of good PLAYERS
met al the hall over Ford Bro . drug store
fSk intr into
pfacticability Of forming an association here
Dr. ;. Z. Ford, sen, was called to The chair
ana Mr.. Henry Burgevine was made secretary.
All present entered with animation into the
discussion, and considerable enthusiasm pre-
vailed p'e
At length committee of FIVE gentlemen was
aPpolpted to consult and report progress at SUBJ
The committee are s H. Plat, l.. E. Grant
III. BALDWIN, y. e. Ford, jr., and f. E. HassIer
ana tney met last night In consultation, and are
general meeting to be held in Ford's hall on rext
Saturday night
Since the meeting last Saturday night, some
twelve gentlemen have made application for
membership, so that the association now mum
oers upwards Of thirty persons.
MR. HENRY SoUIREs, THE AMERICAN TENOR
The Strakosch Italian Opera Troupe have met
with deserved success during their short stay
In the city, and very pleasing feature in the pro-
S'n"inc " as WI Hehly SqulIes, the young A mer-
lean y enor. Mr. SquiTes was born in Benninp-
ton, VT; and has lately returned from Europe,
where he has been for the last six wears under in
structions. Previous to his departure from Eu-
rope, he sung la opera seven months throue bout
the United Kingdom; and the English press
speaks very favoTaby of his attachments To a
SOFT musical voice of great compass, MI s. Joins
a pleasing, easy manner and gentlemanly ad :
dress Success attend our young American artist
MUSICAL Now that the season of fairs, balls
and parties has been duly inaugurated, we call
the attention Of our music-loving friends to the
admirable band recently organized at the Navy
Yard by MIR. August Schroeder His band com.
pTlses large share of the best musical talent of
the famous Marine Band, and discourses in a
serenade the sweetest strains IL at ever awoke a
lair one from dream of love, or in a ball room
the most exquisite notes that ever guided fairy
form through the misty mazes of the dance
schroeder and his colleagues are, with |, the most
ooigiD2 fellows In the world and when YOU
want hne music, well executed, engage their ser.
vices.
ARREST FOR RoBBERy.--Yesterday, Mr. r.
Collins, the officer on duty at the railroad depot
arrested man named James w oodrus, charged