Evening star. [volume] (Washington, D.C.) 1854-1972, 1860-10-06

Vino sHALL DECIDE wHKN Jspels DIsasRsli
Mr.. Editor: A writ Of habeas corpus was this
morning returned before Judge Merrick, sitting
In chambers, in a case which was still pending
before Justice Dom, wherein man named James
Sutherland was arrested bv members of the Aux
iliary 6 uard, having In his possession quantity
Of steel, the value Of which was about so, which
said steel he and two others were Offering for sale
before daylight for tue SUN Of si4. The move
ments Of the parties with the wagon containing
the STEEL and their anxiety to dispose Of it. 30 az
leave the city before SUNRISE citing the suspicion
Of the guard, caused the arrest and during the
examination before the justice the defendant ad-
road in Fairfax county, State Of Virginia, on the
night before the arrest at ten O'Clock and brought
1t up to this city for SALE and that be did not know
to whom II belonged The defendant was sent
by the justice to jail for further examination and
forwarded information to the authorities Of Viz
ginia, which caused the arrest Of other parties
concerned In the theft, whose trials were set for
Saturday, In Alexandria. And the owner Of the
property subsequently made afadavit before the
justice as 10 is nership and the justice retained
It, subject to the order OF the owner; and the de-
PENDANT was detained, expecting that he would
or before the day Of trial, or that requisition
would be made for him by the authorities of Vir-
GINA. .a 80
AZ above stated, the defendant was brought
before his honor, and after the hearing OF testi
mony the Judge ordered his dismissal, not that his
own opinion favored that view Of the case, but
that, in fun court, majority (Merrick dissenting)
had so decided that for an offense committed .
foreign jurisdiction, the party could not be held
here, unless demand was made from the place
where the OF -nse was committed. The sction Of
Judge Crawford in similar cases comedies with
the opinion Of Judge Merriek, and differs widely
from that Of the majority Of the Circuit Court as
Is evidenced I'm remanding back to the custody Of
the Marshal for three weeks, TO await requisi-
ton, man named Ephraim Halleck, who was
committed to Jail by Justic Dom, for having In
his possession q negro man supposed to be stolen
from gentleman In North Carolina
The above decision In discharging Sutherland
from custody, although stolen property was
found in his possession, and proven to have been
stolen from Virginia, is fraueht with many disad
vantages to the citizens Of both Virginia and
this District with stolen booty without fear Of de-
tectioh. For 1t is frequently the case that weeks
and probably months elapse before the action of
grand jury can be had in those States to make the
necessary demand for the rendition Of criminals
This does not correspond with the action of the
authorities in Maryland who recently remandpd
to this city German who robbed his EN- ployer of
5000, notwithstanding efforts was made for his re-
lease. IL Is to be hoped that more congeniality Of
opinions will exist between Circuit and Grim
inal Courts, as 1t has long been a byword i'm this
community that what is law to-day will not be
law tomorrow, as 10 evidenced by the decision
Of Judge Crawford In August last, and the de-
cision Of Judge Merrick (bound by the decision
OF the Circuit Court majority Of to-day. Should
the decision of the Circuit Court judges stand as
the law in the District Of Columbia, this Federal
metropolis will be the receptacle for thieves to
greater extent than it now Is for runaway slaves
and free pauper negroes. EVEN JUSTICE.
POroNAc vs.. PYrHIAS.-A game Of base ball
| between the Pythian first nine and Potomac sec.
ond nine, came off on the lattef's grounds on
Thursday last. The day was awful, and great
part of the game was played in a fine drizzIe,
which developed into d beautiful shower towards
the close yet the whole nine innings were played,
the crowd looking quietly on, and the umpire
bearing his ducking with aOnehaldnce decided
ly French. Owing to the day, there was some
rather muffy playing on both sides; but the bat
ting was excellent, and the fielding quite "tolly-
bull" Pope, Hines, Mast, and Fisher, Of the
Pythian, all did their parts remarkably well; and
Dodson, Newton Colt, and Faherty Of the Poto-
mac, showed excellent and rightly playing
base, and his good catching-after change which
Is always trying-would entitle him to a place on
another nine. We append the score: