Evening star. [volume] (Washington, D.C.) 1854-1972, 1859-02-24

Thos. Kelly, Chas Deerbach, VIM Hines, James
Graham and b. Packleton, came of at the Office of
| Justice Dom, Mr.. Darlington appearing for the
| defence. the Chief of Police appearing on behalf
| OF the prosecution.
Bernard DOnnsiiy, auxiliary guard, testified that
| on the previous night, some time after o'clock
| there was an alarm Of fire; he was standing at the
corner Of Twelfth street and the Avenue; the Union
| apparatus came down. and Young man named
| Kelly threw bottle at Mr.. Hutton and number
| of young men who Were Standing at the corner:
witness started after him and chased him round
the suction and arrested him; the Others halloed
| ''take him away, run the son Of b-h,"
| they were going east at the time, and as thew
! crowded around witness he drew his revolver and
told them TO stand back they began 10 fire pistols
at witness and after three or four shots were fred
he returned shot; thought the bottle was thrown
at Hutton and his friends; they said nothing To
| the firemen; the bottle broke on the pavement:
| Riley, when arrested said . DID If ] am going
and pulled back; there was another alarm before
| this. and the parties had some worlds; when the
crowd close around witness, and Kelly pulled
back, witness struck him with his fist I'm the face:
| he then went with witness
WIN. Hutton testified that when the alarm of
| nre was raised he heard noise on the Avenue
| and went to Leptux's corner; saw DonneIIy
standing there; the Union apparatus came along,
and young man threw a bottle; Donnelly and
himself ran after and chased him around the ap-
paratus, both Of them sezing him about the same
time; Mr. Hines had hold of the tongue of the
suction. and cry was raised . run over the sons
of b-s!" Hines jerked the tongue toward us and
| VIC got on the pavement; went little further
with Kelly, and the crowd rushing ms, Donnel-
u let go the prisoner, and witness held on while
Donneily drew u revolver; and, facing the crowd
told them TO stand back; down at the corner some
thing that sounded like an earthen Jug was thrown
and pistols were fired from the ropes; witness
went up the pavement and met the police and told
them to arrest all those men on the ropes
Thomas Holden, awatchman, corroborated Hut
tom statement as to his informing the polce; ar
rested the younger Kelly ThoInas) in the street by
the ropes; arrested Packeton on the sidewalk ON
snsrlclon did not hear the rallyng cry; got there
John Hudson, Waterman corroborated the pre
vious testimony; the firing apparently from
the front OF the apparatus. il lit up the whole
front of the suction; saw Donnelly draw his revolt
crowd to stand back -
J. w. Reynolds, watchnlan-was on his beat
near Seventh street. heard great noise, but know
ing fire companies running make a great noise
paid no attention to it until he heard yoIlcv of
pistols. and then another vollev; went to the spot
md arrested Deerbach; he went along quietly
Policeman EdroardS testified that when he got to
the scene OF the riot he found Graham had the
tongue of the suction; witness arrested him and
took him to the guardhouse
0hcr Z'mmeTmaH arrested Southall, who had
hold of tue ropes; he offered no resistance
M. Chas. 1rsnier.--Was standing on the north
west corner of the avenue and Twelfth street: about
goclock there was an alarm of fire. and the Union
Fire Company passed along, and there was com
siderable noise aud shouting; pistols were 6red
and ball passed through Witness shawl and
stuck In the thigh of young man behind him;
see the officers at the time they fred was near a
square distant from the spot when they were firing
Atter hearing the testimony, Mr.. Darlington ar
9utd that though there WIS probable ground
upon which to hold George Kelly to security for
Court, vet against there was no evidence
| whatever to justify the requirements Of bail for
| them, and he suggested the dismissal of their
cases.
Justice Dom sad that in view of the testimony
showing the presence of each of the parties. and
| The decisions of the Court in all riot cases he
4 mad hIS Antt- tp1 In
There was but single case. upon which there
appeared to be the slightest ground for dismis-
sal but his duty i'm the premises required of him
that the higher Court should finally determine the
guilt Of the parties. He required them TO give bail
In 50 u each: for their appearance at Court
THE THEATRE.-Thc performance at the Thea
trc, last night, was changed from that advertised.
to London Assurance and the Old Guard The
former was well performed as far as presented At
all, but on account of the indsposition Of Miss
Agnes Robertson, as we suppose, who undertook
to represent the character Of Grace Hathaway sew
eral scenes were omitted, to the no little dsar-
pointment of the audience The beautiful pIav AZ
| the Old Guard was admirably performed. Mr.
Bourccault as the Old Guard, and Mrs Allen as
Melanie. BY the way, Mrs. Allen is certainIy
one of the most agreeable actresses star or otbei
wise. that has ever appeared on the Washington
boards. Young, intellectual, and beautiful. she
Is no doubt destined to occupy high position in
histronic fame, as she already does i'm real merit
OF course. everybody will turn out tonight to
see Mr.. Hackett as Falstaff, in good old Shaks-
pearen comedy.
CIRCUIT CoURr.-The case Of VIM. and III. C.
Moves which was pending when our report closed
yesterday was decided by the jury bringing in a
verdict for the defendant; damages one cent
An inqusition was taken in the case of Anon
Green agt. Thomas Thompson, in which the Jury
returned for plaintiff assessing damages at I3} %
with interest from 5th March. 1858. till paid
To-day. the case of Johnson & Sutton agt Geo
i. McGlue, was taken up for trial, il being an
action to recover from the defendant as endorscr
the amount Of a prolnissory note.
Mrs. FRANCES ANN KEMBLE's reading of the
= Midsummer Nights Dream was such, last
night. as to satisfy and absorb an audience more
critical and fastidious than is often brought TO-
gether With splendid physical powers. she is
enabled to sustain for an entire evening the vast
range of characters presented in this drama To-
night she reads the Merchant of Venice" play
well calculated to test Mrs. kemble's reInar kabe
physical and intellectual capabilities.
Nor EIM.-On last Tuesday, an old man, named
X A. Hutchins, went to the office of Justice Fer
guson and made oath that John Milan had assaulted
and beat him in Alexandria, Va. A warrant was
issued aud directed to Officer Chiply. who arrested
John Milan yesterday, and took him before the
magistrate. Hutchins being called upon to vi We
his testimony, declared that Milan was not the
man. The magistrate, who regarded the matter
rs N IT were tring with the officers, after express
ing his opinion of the strange course Of the wit
he>s, disinleStO the case.
CENTRE MARKET.-The makket place presented
quite lively appearance this morning The at
tendance ofde1ers and purchasers was muc IA larger
than for weeks past, with brisk demand and
quick sales. The roads have been much improv-
ell by two or three days of dry weather allowing
the country dealers to arrive, and the Spring like
morning has induced purchasers from the most
distant sections OF the city The prices are about
as quoted IN the Star Of Saturday last.
SUPREME COURT, NEsTERDAY.-No. 10 The
Board "f Commissioners of the County of Knox,
plaintiffs in error, vs.. WIN. H. Aspinwall ct al
The argument Of this cause commenced by
Mr. X w Thompson for the plaintiffs in error
and continued by Mr.. Benjamin for the defend,
ants in error Adjourned.
Co,RT OF CLAINs.-Yesterday, Judge Scarburgh
delivered the opinion Of the court, adverse to the
claim of Nancy ID. Ho'ker, administrative. VS.. The
United States.
j. = Tyson, Esq commenced the argument f r
the claimant IN tue case of Ephraim r. Gilbert vs.
The United States, but before finishing the court
adjourned.