Evening star. [volume] (Washington, D.C.) 1854-1972, 1859-02-03
crRcuIr counr.-rhe suit Of Dr. Leoerman

| past, was given to the jury yesterday. As the
points In dispute are OF general interest to the
/ public, we annex sketch of this case and the
| Instructions given by the Court to the jury:
| The plaintiff brought an action of trespass
against the defendant, alleging that the defend
| and the plaintiffs, and on which the plaintiff
| had built his house; that he left II down for a
| long time, and instead Of rebuilding it, had en-
teLeo INTO MS house and put up temporary
boa'd partition, entirely insufficient to keep out
| the weather. by all which the plaintiff saws he
1 was greatly injured, and finally had to rebuiId
lne wdIl at MS own expense, and rsht and refur-
| nlsh his house. On the other hand the defend
| ant says that the wall belonged to him; that n
stood over on his line fifteen inches; that he did
not take down this wall, but that the plaintiff
| look II down himself; and for the board par
| tition, II was erected with the knowledge and
consent OF the plaintiff, and is precisely snch an
| one as IL is customary to put up when party
,ha, rs Ken down Tor the purpose of rebuilding;
| Lhdt ne had contracted for the erection of some
| nne large houses on his lot, and claimed the
Ilght TO move the dividing wall back to the true
I,nt Dr'W WEE the lots; that the plaintiff had
| ilght TO the ground on which the wall stood but
| mad only the privilege 10 build upon the wall
| l'sei reserved In deed executed by their COM
mon proprietor, Clotworthy Stevenson, under
Whlch reservation this privilege was retained to
| The persons under whom the plaintiff claimed
| Upon the prayer Of the defendant, the Court
| gave the following Instructions No 1 being
/ framed by the Court itself:
|. III from the whole evidence aforesaid the
| jury shall find that the defendant took down the
| wall in said declaration mentioned the plaintiff
| II not entitled TO !e,over damages in this action
| Tor the same If the jury shall further be- Of the
opinion that the said wall stood wholly and ex-
| clusiyely on the ground of the defendant
| And IL the jury shall further fnd that the
| sa 81 wall was taken down by the order and III
| recilon Of the plaintiff, then the plaintiff is not
| enutled TO recover in this action for the taking
down of the same.
| II the jury shall find from the evidence that
! the defendant entered tie premises Of the plain
| till described In the declaration and srected
| within the plaintiffs house, and on the plain
TIN grounds, board fence then the plai utjtf is
entitled to recover in this action and In the iurv
shall further find that the said entry and erection
| were made by the consent and permission of the
plaintiff, such consent and permission are pro, a.
to be considered by the jury In mitigation of
| damages.
On the further trial Of this cause, the court in.
stIuctS me Jury on the prayer Of the defendants
| counsel that the deed from Stevenson and other,
| to Sally Wheaton, dated March l. 1907, PASSED
| 10 said sally Wheaton and her heirs and assign
| ees, the whole title Of said Stevenson in the
| Wheaton part of lot II, in square 25i together
with the possession and right of possession 10 the
same subject only to the right OF said Stevenson
| 10 build against the wall OF the house standing
thereon, and such right is insufficient to enable
| said Stevenson, or those claiming under him. to
| maintain this action for taking down said wall
| If the said wall was wholly on said LOT No ~
| htth instruction was also given by the court
( as the case was bout going to the iury the sinh:
| stance of which is as follows: DEEDS offered in
| evidence by the defendant i'm the absence ~ snv
other proof TO the contrary, the law infers that
| otherwise
| To the above instructions, as granted nv the
court, the counsel for the plaintiff took excep.
| tons
| The jury returned a verdict for the defendant
To-day, the case of Hartley vs. The Trustees
| OF the Mechanics Bank of Georgetown waz ter
| minated by the admission the part Of the de-
fence of the falSity Of the check for $50 which
| had been the foundation of the cause This ad
| mission placed the case of the plaintiff in the
position sought by him to be placed, viz: Instead
| 81 his account being overdrawn SI6 as was
| claimed at first by the defence IL gave him a
1 balance to his credit in the bank of sIIn The
Jury accordingly returned a verdict for the amount
claimed, assessing interest upon the whole from
/ May 18th, 1858.
TRUSTEES OF THE PUBLIC SCHooLs.-The rev.
ular monthly meeting Of the Board of Trustees
| Of the Public Schools, was held at the CITY Hal
| on Tuesday afternoon. Present. Col Rando'pb
| in the chair, and Messrs Ironside. Stoupbton.
| Chaplin, Miller, Price, Brandt, WHITE and Alice
| communication was received from the Wash
ingtOn Art Association, in behalf Of the Board of
| Management OF the same, inviting the teachers
and pupils of the public schools to visit the pal.
leTy Of the association gratis
Whereupcn, Mr.. Alice offered the following
resolution, which was unanimously adopted:
RsSOIred, That the Board of Trustees CRATE
fully accept the invitation so generously proffsred
| by the Board of Managers Of the Washington
Art Association, in behalf OF the scholars Of all
| the public schools, with the teachers; and il i,
hereby ordered that a committee OF one member
| from each district be appointed 10 confer with
the President and Secretary of the Association.
and with authority To make such arrangements
for he visit as may be considered best adapted
t" preserve order and promote the general enjoy
ment
The Chair appointed TO act as said committee
MeSsrS. Alice, Price. Miller and Ironsida
Mr.. lrOnside presented several documents re-
celved from various cities containing school sta
ti>tics, which were ordered to be placed in the
library for future referende.
Mr.. Price, from the committee on the examIna-
ton of candidates reported favorably on the ap-
Plication Of Miss Elizabeth Boggs.
whirS e ns %T,e d by the treasurer
Mr.. Nhyte presented the following preamble
and resolution
Whereas, it is believed by the Board of Tr.s.
tees OF the Public Schools Of the City of Wash.
ington that the efficiency Of the system would be
much promoted aud considerable expense saved
by requiring all purchases for the use of the
schools to be made by one person. and that he he
required TO visit each school at least once in
every month, so as to become familiar with their
wants and Of the best means Of supplying them.
Therefore,
| Be At reSoIrsd, That this Board recommend %
the Board Of Aldermen and Board of Common
Council, as measure Of economy, to so amend
tne scnool law as to require the Treasurer to per-
form the above described duties and that his
| compensation be increased to dollars per an.
mum, In consideration Of the duties Of his office
1 ne RESOLUTION having Oeen read, IL dis
| cussed briefly by Messrs Whyte and Alice In
The atii fma,ive, and by Messrs. Price and Iron
SIDE In the negative, and finally, on motion Of
the mover, was laid on the table
Mr. Brandt mentioned a case of insubordina
ton in the Third District, and on motion a com
mittee, consisting of one member from the First.
Second and Fourth Districts, was appointed to
investigate the matter, and report at meeting
of Board TO be he {! on Rext Tuesday evening
| The committee appointed under the resolution
| are Messrs AtLee, lronside and Miller.
And the Board adjourned.
| AMENDE HoNoRABLE.-The Washington cor
| respondent of the Boston Atlas and Daily Bee
having some wee ks ago Published, in that pa "a
statement rehscting upon the students of Georgr
| iowa College, and otherwise defamatory OF that
venerable seat Of learning, makes an honorable
ret-action of his bunder in the same paper OF the
| Dist nit. Washington corresp lndents should be
more careful in believing Cos pei all they catch
| up floating through the thousand Channels of
Washington rumofs The arnende, however, is
| complete and honorable. He SAYS
| - In a letter written some time since which
| appeared in yoIr columns giving an account of