Evening star. [volume] (Washington, D.C.) 1854-1972, 1858-12-09

very aofe one, was on motion by the United
STATES to set aside the verdict of The iurv In An.
gust last; jury called by itself, to value the
property proposed to be taken, whether land or
materials, for the Aqueduct. - "
The exceptions were very numerous, but were
Sni upon so far as they applied to some
The ffst question was, whether the Leaisla-
a1rr OF Maryland responding to an application
and hold property In the State, and for nothing
more had really, by design or accident, made a
donation Of the waters and water powers Of the
Of the Aqueduct
I'd. Whether the Legislature of MARYLAND DOS
sessed the power to convey legally to the United
States the authority to condemn within MARYLAND
any private property for public uses, without The
consent and against the protest of the indIvidusI
proprietors-that Is. for objects and in ca.es not
already contemplated and provided for m the
constellation. -
Sd. Whether great water poyv,r NJ , buna,sa
Feet rail can De held by an Individual or a com.
pany In state Of present disuse-witbout heinz
subject 10 be taken for public use-and taken
ensation calculated by its actual improvement
ana Productiveness In a state Of total disuse
am; "netner by the compact Of 1859 between
M, maryiano ana Virginia, the Virginia shore Of
lne fo'omac rlver Is deprived Of those riparian
rights that attach to both shores of ali Other
rivers lying within the Jurisdiction of any of the
Sta'es-end that In consequence, Virginia hold
ers OF the banks, as such, cannot In fact nee
drop Of the water, or water power, for snv mr.
pose Whatever, but as trespassers
3th Riparian rights being conceded to the
MARYLAND shores, whether the Government of
the u nited States can take from thar sid, OF the
river what water IL wants-in despit. ~ IN .
land law referred TO.
9th. Whether the County Court Of Montgomery
can settle questions Of land title, on motion 10
vacate verdict for excess Of damages, rendered
by jury ad qKOd damnum' No party anoear
lrS, or known, or heard of, to contest the light
m RI ~ and 1K.l,v
the Government TO meet its Injunction
Ith- w neither the owners OF the Virginia side
OF the Great Fills, on which only the water
paWeI ever was or ever can be used for manufac-
turing purposes, and on which IL has been con
unuouNly used for more than seventy wears have
been ab intro, and still are, trespass.ys
IL was held by the company that the title TO
both the shores OF the river, from above the head
TO below the foot OF the fall, belonged IN S,id
company, except a small strip on one side. nj
tefiy impracticable for any purpose of use or inn
pIovement That the subject OF its title had
been by the Government submitted to learned
ana able counsel, who had perfectly concurrpd
In PronounciDg the same without flaw or shadow
of doubt
by the Government, in its own act of appointing
tie lawyers who gave that opinion, hmm iatelv
aterwa ds, to attend as counsel for the Govern.
ment 10 the matter OF valuation.
It was claimed that the company were owners
OF the property for near twenty wears before the
Aqueduct was ever heard Of, and that therefore
the statements in the newspaper RS about surprise
specUlotIon on the Government &c were silIv
aud Idle specuiations, or base aud Infamous AZ
tempts TO injure and prejudice private rig hts.
Inc Judge lakes the papers with him for the
u,Pose o t a .no,opgh investigation Of the case
between this ard the next spring term when he
VIII probably announce his opinion and de-
clsiOn- III he rejects the verdict on any ground
then there must be another jury, for the water
can never be taken but on the valuation of a iury
Of the county OF montgomery.
H was also state d and proven, or admitted. that
immediately after the INCLUSION In August last,
the agent Of the Company offered yerbaIlv and
In writing, TO the counsel Of the Government and
the Secretary Of War, to set the verdict aside by
consent, which they declined doing
he above account OF the issues made At Rock
Vile we obtain from one Of the counsel in the
case.
The private parties Were shown to have per
sistently petitioned from the commencement of
the work and before it) to have the question set
Tied by regular condemnation-by arbitration or
by negotiation.
Ii is sincerely to be hoped that the up,hot of
this last trial may not be further law proceed nps
may postpone the completion Of the water wor ks
CRIMINAL CoURT.-The instructions PRAYED
by Mr. Norris for defence yesterday, In the case
OF the United States agt. Alexander Fertney and
others, charged with riot at the Park, Seventh
street, were given In substance by the Court TO
the jury.
briefly
and was followed on the part of the United States
by the District Attorney, after which the case
was given to the jury. fAfter the Court had ad =
Journed they came in with a sealed verdi 4,
which was this morning read 10 the Court ana
In which they found Hammond Bell and West
guilty CI trout, and acquitted the other par
ties
Thomas German was tried for stealing a silver
cake basket from Mr.. Wheeler. The Jury found
hiG guilty.
Albert Pains was tried for an assault and bar.
terry with intent to kill John U. Day, and was
acquitted
On motion Of the District Attorney. Alex II
LouSnboIough was admitted an attorney at
the bar OF this Court, and took the usual oath
, ic-day, tue Court took up FIRST the Of
hehIy Lacy, eoIoTed, charging the prisoner with
larceny Of one barrel Of shad, valued at SlO, from
Jas + Gross, in the county OF Washington. The
jay returned a verdict Of not guilty.
Asbury Tyler, coloTed was then tried for steal
ing two shovels from Chas r. Stansbury. This
case was pending when our reporter left.
FIFTH DISTRICT PoLIcz.-Patrick Divine, a
fro~zy, long legged lad, was brought before Jus
tice Thompson yesterday by Oficer oss, charged
with throwing brick-bat at Timothy Bresne-
han. Tim came into court and stated that he W as
going out Of the alley with pitcher to buy half
pint OF whisky, when Pat stepped out of the gate
Of his house and "hevr a stone or brick which
struck opponent on the back Of the neck and
knocked hin over. Pat loudly denied the cha roe:
Ia
Ing at his gate when Tim came by with the
whisky Ia the pitcher, and says TO him: els II
III the pump yer gOin with the pitcher, Tim ~
whereupon Tim made use Of disparag re-
marks with reference to the private character OF
Pats mother, which so aggravated Pat that he
knocked Tim over with half brick The mag
lstrate lectnred both parties soundlY, fined them
SO each, and sent them home
Yesterday, Oncer Ross was called into cloth
Ing shop on ID street by the proprietor, who in
formed him that a negro had just left new cloth
Overcoat there VIII 'ch he had offered for sale but
which the proprietor had stopped, suspectinc
II to have been stolen. He took the garment to
Justice Tbompson's once, where he left it for
Identification. 1t is marked so as to be easily
recognized, and the owner is requested to step
forward and claim IL.
FARSI Matthew'S festival, now in progre 9
at Odd Fellows Hall, draws large crowds Of Wis
itors, nightly. Indeed, after a few moments
spent IN their midst last night, and q cursory
glance at the tables and general management, we
DO not see how any one who has had a nrst
glimpse can resist the attraction. The persuasive
sol do nj fho faFr