Evening star. [volume] (Washington, D.C.) 1854-1972, 1859-09-23


esAskhs.-An interesting case, Involving the
legal rights and privileges of buyers and SELLER,
OF coal was tried yesterday before Justice Gull. OF
the Sixth Ward. II was the case Of the Corpors
ton of Washington VI. F. Meme hany, Nsyal
Storckeeper at the Washington Navy-Yara n
appeared, from the statement of the Justice tina,
The warrant was issued at the iRstaI cts Ut Mr. Be
amin p Smith, attorney-at-law, who. however
failed to appear at the trial; hut, Mr. McNerhany
waving his right to insist upcn a nor nm IN
the absence of the complainant and ernra,s SIM, !
desire to have the case thoroug hly iayest patfd
yustee Cun conducted the prosecution. and in
opening, commented in no very complimeptary
terms upon the extraordinary course OF the party
upon whose advisemeDt the warrant was issued
mI sylvester Gates appeared as counsel for the
osisnuaht III appeared in evidence, that Mr.
McNerhany at the request of various parties OIL
GERS ana others At the Washington Navy Yard,
wrote, with the approval Of the Commandant, to
the contractor for supplying Goals to the Govern
henI lMr- Walden Porter, OF Boston to ascer-
tam whether he, the contractor. would be willing
10 furnish, at the contract prices had been done
In previous years. such Goals rs might be wanted
for the private Of the parties above referred
A reply of an affirmative character was received
and subsequently Mr.. McNerhany prepared a
statement Of the quantities and kinds of coal so
required, and furnished the same to the agent of
the contractor, Mr.. ID. B. Suith, of Alexandria
Va, and upon his (Smith's) order the coal was
shipped per schr. Florence, by Sturdevant q Co.
Of Philadelphia, ON account of the contractor. to
De ucuNefcQ dt the United states Nayy-Hard
Washington. Upon the arrival of the vessel at the
yard the bills OF lading were presented at the
Naval Storekeeper's office, and the coal was deliv
cred, by authority Of the Commandant, to the
various parties who had subscribed for il
Ii was further shower by the evidence in the
canse that the freight bills were paid by the aoeI
OF the contractor, MIR. ID. b. Smith: that the mar
ties who received the coal paid, per bills exhil
Tied, the price stipulated In the contract which
was also presented aud that Mr. McNerhany had
no Interest, pecunary or otherwise, In The trans
action, but that his agency in the matter was
prompted solely by spirit of friendly accommo-
dftion in behalf of the employees of the ward
who Were anxious to avail themselves of the op-
Portunity of procuring their winters supply of
coal at a reduced price
IL was contended by the prosecution (which was
the only charge In the warranty that the ordering
the coal w thin the limits Of the city of ASKING.
ton was violation Of the first section of tine Ordi-
nance OF the Corporation of June g. 1853, entitled
| An act regulating the sale of wood and coal =
But the testimony of the only two witnesses ex-
amined for the prosecution justified so fully the
action of the defendant that Justice Gull proposed
without further evidence or argument to dismiss
tue case But Mr.. Gates, counsel for the de-
fendant. insisted, in order to silence even the viIes
tongue OF busy rumOr, that certain documentary
| testimony should be filed in the case among
which were the affidavit Of Mr. ID. b. Smith
agent OF the contractor, copy Of the contract. a
bill Of sale Of the coal and the written opinion OF
VIM L. Dove, Esq president, of the Board OF
Aldermen. who was formerly an extensive coal
| nent upon these various evidences insisting upon
the utter groundiessness of the charges and falsty
OF the insinuations which had been made in con
nectlon with the case. He commented also, in
causuc terms, upon the course of the party a
whose instance the warrant had been issued-s
party Who although assuming the character both
| of informant and attorney in the case was absent
when the day for trial came.
| Upon the conclusion Of Mr. Gates argument
the Justice rendered judgment in favor of MIR
McNeThany, the defendant.
The NIGHT ScHooLs.-The principal subjec
for discussion in the Board Of Common Council
| last Monday was the bill for the establishment O
night hools for apprentices and Others which
was reported by Mr.. Tree from school committee
Mr.. Mohun moved to amend, by providing tina
the parents or guardians Of apprentices who ma,
De Admitted are not able 10 pay for their tuition
MIR: Jones said be would vote for it, IL the sam,
discrimination is made in the day s.hools
MIR. Morgan favored the bill because il Offered
opportunities to those who cannot attend the da,
schools
Mr.. Mohun objected to night schools at Thu
time, because the debts Of the city are heavier
than We can manage; and it is our duty to be jus
before we are generous In the case Of indentureC
apprentices there Is particularly an objection; To-
| by this We shoulder the burden which every mas
ter ought 10 bear. and, if he fulhls his obi
| will bear.
Mr. Duhamel said he should oppose this bill
because OF the necessity for i'm Improving the schoo
VIC Hd'c dlIcdul ana Tor which Dill Will soon b,
! reported.
hr. Orme favored the bill for two reasons Ist
| IL will furnish many with the foundation Of al
| education who are not able TO pay for IL; and I'd
/ IL Will act as restraint upon apprentices who
for want Of other employment, are apt to get int.
| mischief.
| Mr.. Edmonston. "Whv did not the gentleman
vote for the ten-cent tax instead of the five cents
| when the school fund was proposed! since b.
/ appears to be so liberal;
/ Mr.. Jones said the principal feature Of tn
| school system Is to educate every human being
| without regard 70 pecuniary ability.
| Mr.. EdmOnstOn said he was willing to be taxed
| as high as any member Of tue board to educat
| those who desire to be educated. But with til,
| trial we have had with night schools he was sat
| lshed To let them alone. and was unwilling I,
send tag-rag and bobtail TO school where il wOul,
/ be necessary to keep policeman to preserv,
order. w by should not the masters of apprentice
4 be made to educate them, as their bonds REQUIRE
tits not right that the Corporation should shoulde
1 ia Fir debts
| The amendment was rejected, and the orI9ina
bill was passed. Ii provides for night school
4 each ward, to continue four months.
How STOLEN GOODs ARE DISPOSED OLA few
days since. Adam Lindsay, deserter from the L.
s. service, was taken in this city by Oticer Allen
| and carried to the barracks at Carlisle, Pa. o.
the way thither, Lindsay disclosed to tue officer
II