Evening star. [volume] (Washington, D.C.) 1854-1972, 1861-10-30

then testified as to another occasion when Clay
omi was sick, and Mrs. Phillips sent for DR..
LINDSEY y, Wtne:. came down into the ps,ior
about Dr. and witness said TO his father, "Be.
cause Or. Lindsay 10 not your friend You don't
want him to come here - Witness spoke IL In
that. Witness knew at that time DR.. johnson
was bis father's family physician. Witness was
not knocked down nor bruised on either occa-
sion.
The Cour..--"Has anybody since your arrival
here attempted to influence you In your selection
OF gusrdan!,
Witness -"No, sir"
The Court -"Eithef side,"
Witness answered that his father told him
coming over on the ship that his cousin De Krat)
had black heart, and would send him to col.
lege. Mr.. De Kraft has told witness that his
father was the cause Of his mothers death, and
spoke about his fathers conduct to his mother
once or twice-sometimes-and what Mr.. De
Kraft said witness knew as well az Mr.. De Kraft
that witness mother was worried to death. Wit
ness was not In the United States at the time of
his mothers death. Witness farther told him,
coming up the steps 10 court here the hrst time,
that IL he was asked, to say he preferred his
father for guardian. Believed this was dictated
oy affection, and because his father wanted to be
with his family.
Mr.. Fendsll .--"Did not Mr.. De Kraft and
Alexandrine tell you to tell the TRUTH"
Witness.-"Yes, sir"
Objected to and objection sustained.
The Court asked counsel IL they had any more
questions to ask the witness.
Mr. Ingle.-I have seen enough Of that youth
have nothing more to ask him.
Witness testified that these things had no infiu.
ence on his mind. He only thought Of bis mother
and what she had suffered, and he thought he
always ought to take her side
Mr. lngle said counsel would require a little
time to prepare their arguments; and as Mr. Dav-
ldge, the senior counsel, was absent before the
naval court In Com Poore's case, he thought tbs
case had better be adjourned for a day or two.
Nv tnAo l. IL. r.
aud he must return to his agreeable quarters at
Fort Lafayette
TWAS agreed to adjourn the case until Saturday
next.
MILITARY CouRr IN ALEXANDRIA The Alex
andria Local Nstcs Of Monday says:
The military court held It's usual session at the
County Court House this morning, Judge Freese
presiding. The attendance Of citizens Of the town
was much larger than we have ever known before.
number OF representatives Of northern firms
Were also present
The preliminary afadavit In the civil case OF
Vurnham, Plumb Co. against Barley Trip
LETT, was read; whereupon the Court ordered that
the representative Of said firm be summoned to
answer forthwith.
After the transaction Of some military business
the court took up Bowen, Hume & Co and NJ g.
Halloweu against 6 r. Wilmer Il Bros
In this case, the five days allowed the defend
anu 70 reply having expired the case came on for
adjudication. Messrs. I. Louis Kinzer and . q.
Cidcghton appeared for Mr.. Slaymaker CO. partner
and representative OF Wilmer Bro and 8 F,
Beach for the plaintiffs In the case
Mr. kinzer read the answer Of the defendant to
the complaint Of the plaintiffs, which he stated
was prepared not so much for the eye OF the Court
as with view Of carrying the case I'D upon an
appeal to the authorities At Washington. The
answer after stating the facts In relation to bust
mess OF Messrs. Wilmer, proceeds to DENY the
jurisdiction OF the Provost Court In the premises
asserts that martial law has not been declared in
Alexandria, and reviews, at some length, the in
ard
ings Of the Court as now administered, and OBJ
Jects to the same contrary TO the Constitute on
OF the United States, the proclamation Of the
PRESIDENT Of the United States, and Col Wilcox,
the commander Of the forces which took possession
OF Alexandria on the 9th Of MAY last.
Mr.. Claughton followed, arguing that even
supposing all civil courts to be abolished the
Military Court was bound to administer the law
as recogni Zed by the Federal Government I'm
acknowledging the authority of the government
OF Virginia established at Wheeling The au.
thority having been recognized as binding, all
the laws of the Commonwealth enacted previous
to the winter OF 1890, this court was then bound
TO administer those laws, and they afford no au-
thority for the action which 1t was proposed the
court should take in this case
Mr.. Beach though that a recent law Of the
wheeling government provided for Just such an
exercise of jurisdiction
The Court said that the hinge Of the controver.
sy was whether martial law existed in Alexap-
dria. He thought that It did Ii was true there
had been no formal proclamation to that effect
but the appointmentof Gen. Montgomery as Mill
fdry Governor Of Alexandria, seemed certain to
contemplate military government.
The Court was aware II was a singular state of
Affairs but II had to take things as itfound them,
and administer Justice as best Ii could ID was
DESTROYS that the case should go up to the Wash.
ington authorities, and the whole matter be adiu-
dicated before them. It would accordingly post
-pone an opinion until tomorrow, and allow an
appeal to be taken and retaining the goods of the
Messrs- Wilmer In the possession Of the Court
would stay further proceedings until the appeal
was decided
And after some other business, the Court ad-
journed.