Evening star. [volume] (Washington, D.C.) 1854-1972, 1861-10-07


fore his honor Judge Merick, Of the clfcuitcourt
on writ Of habeas eorrss, and asked through
ner counsel, Edwin G. Morgan, Esq to be dis
charged. Mrs. kiehler was arrested some weeks
since for q violation OF the act Of Congtess Of
August Sth, 1861, forbidding the sale or admins
tering Of Intoxicating liquors to soldiers and, In
jail, from which she now osked to be discharged
Mr. Morgan commended that the act Of Congress
gave the Judge OF the Criminal Court exclusive
Jursdlction OF the trial; that the magistrates ju-
risdictioa extended to the right to hold the sc-
cused parties TO bail 10 appear at the Criminal
Court, OF TO commit them to Jail TO appear before
the court. In support Of his position. be con-
tended that the act in declaring the ofense to be
misdeTneanor, thereby made IL a criminal Of
tense, for which the party must be Indicted and
9ied a. In any other criminal case. The magis-
tr.tes have no criminal Jurisdiction, and the
court presided over by Judge Crawford 10 the
only court which In these cases have jurisdic-
Congress a crime must be tiled by jury, accord
Ing TO the sixth article Of the amendments TO the
Constitution OF the United States. He also con-
tended that, under this construction Of the act
all nnes imposed on parties after conviction in
the Criminal Court 60 into the Treasury Of the
United States.
Judge Merriek sustained the position taken by
tue COUNSEL Mr.. Morgan, and decided that tue
magistrate In these cases bad precisely the same
power and no more than they had in any other
n,o sss .nS ~ sns % TO cIprs
OF In his discretion to bold the party TO bail TO APP
pear at the criminal court in default Of bail 10
commit the party to jail for trial at the criminal
court.
The Judge ordered the Marshal to take the De-
htioner before the magistrate by whom she was
committed, to be then discharged by him, to
give bail for her appearance at the criminal
court, should the magistrate on a further exam
ination think the case required It,
The decision, Of course, has attracted consider
able attention, a. most Of the magistrates have In
all cases where the proof was strong enough to
convict the parties, enforced payment Of the ane
by the usual legal process The money collected
rlrfl Aarr, kak ,I.I
when the decision is ofdcislly made known to the
magistrates.
CENrRAL GuARDHoUsE CAsEs-Befors JK,ttes
WoHys Sunday, Samuel Dorsey aud Lucy Dor
sey, disorderly conduct; fned 81 %. Henry Will
hams and VIM johnson; do do. 81 81 each.
Daniel DOnohoo, drunk; dismissed. Jos. Lewis,
disorderlv; do. James Donnelly, assault with
Intent TO M jail FOR court George Butler, dis
Robert Brock, do; hned 81 81. Jas O'Donnell,
drunk dismissed. Elizabeth Williams, do
orknouse 80 days. Tim Fitzgerald, do; aned
Alex. Taylor, do fined 81 81. Abe smith, DO
dismissed Henry Davis, do do Samuel Mont.
gomery and John Perry, drunk; costs SIS cents
Boss, do; do. ThOs. Roberts, do do VIM
Boston, (col. out after hours; fined 81 81 Henry
Clemenson, ASSAULT dismissed George Garner,
after hours; nned 81 So Mondsy, Richard Bar.
low, drunk fined 81 81. Jno HAYS, disorderly;
dismissed Mary Sullivan, do; do. Eliza Ellen
Moore, drunk; dismissed. Jno NJ. Allagan. do
do Mary Martin, disorderly; fined 81 "a Vir.
glnia Dade, do; dismissed, Kate Waters do
Esn Sayt, 5 so an Gg % do DO 81 a.
do 81 "a. Frank Riley, dol turned over to the
military. Robert Humbu. do fned 81 81 Jno.
Boyle, do 81 o. Jas. Foley, do; do. sIsi.
USroRrVsArz NJ 's-Why, why, why. oh
commissioners, are our Metropolitan police con.
demned to wear the John 3 Floyd Regulation
drmV hRt.-R tile the m nOzf niu ri. 81
upon mortal brow;-a stiff, lop- sided, uncouth
clumsy contrivance; hateful TO the eye; standing
crucinxlon TO the wearef, detestable In brim, and
detestable In crowns Odous In color and ridiculous
In plume; fair target for the contemptuous wind,
eternaliy tumeiing to the earth, groveling In the
aus, ana seeking mnites Of detestableness In the
gutter an emanation Of iniquity; a direct instiga-
ten Of the devil, Through his next friend, John
y. Floyd being promoter Of profane language
and all evil passions in the mind Of the wearer
why, oh Commissioner should the police be-
condemned to wear the regulation army hat,
BAD PRAcrIcE-Quife a number OF little bow,
have gone into the business Of holding horses for
ohceB who ride into the city upon business
some OF the little fellows cautious enough TO
hoid the relns and stand upon the ground, others
have grown so bold as to mount the most fery
animals and ride around, while waiting for their
owners Yesterday afternoon little fellow Of
ms Ventufesome kind badly bruised by
being thrown from a horse on the avenue near
sixth street. He was picked up and properly
cared Tor 0V gentlemen who were near. Oficers
small children, or caution them against mount
ing them.
A SMAsH.-Yesterday while the EMPLOYEES of
raLfoao company We're regulating some feight
cars at the depot, some were disconnected acct
oently, ana running into others caused quite a
smash up OF two or three. One laden win so
Iasses, sugar, &c., was completely demolished;
ana being near to the vicinity Of Swampoodle, In
a very Snort time the place was surrounded by
women and children with pans and buc kets
gatneflng up the molasses which was running In
streams from the broken barrels. 1t was quite a
&odsend FOE them; but the loss In the Company's
The freight belonged to various parties In the
city.
SMITHSONIAN IssrITuTIoN-Professors Henry
and Baird Of the Smithsonian Institution, are ex-
Pected 70 return to the city In few days after an
absence o. several weeks.
Since the middle Of July, large number Of
boxes and packages have been received from
Europe, aud specimens in natural history from
many parts Of the world. These will be opened
and arranged under the direction Of Prof Baird,
ana Will anord valuable addition 10 previous
collections
DIsGRAcEFuL CoKpUcT Saturday afternoon,
the neig borhOsd Of sixth aud g streets was
much disturbed by the lighting Of drunken sol.
Oilers, regulars and volunteers, and similar dis
graceful occurrences said to be not unfre-
Queut there. ALI these fights grow out of rum
Jug shops recently established there. The fght
saturday between number Of regulars attracted
very large crowd, but unfortunately neither the
terfere
VOLUNTEERS oFEIcERs DIDDLKD RY CYPRIAN
saturday night two military gentlemen were
met In the vincinty Of Marble Ailey by the Police
10 whom they stated that they were In quest Of
woman named Inn Hall who resided there or they
supposed she did IL appeared that one Of their
brother oricsn got int her company; aud after
leaving be discovered he was minus a consider
able amount Of money. I'D to twelve O'Clock
Miss Ann had not been found.
ALAaNs-Last night, the sudden appearance
OF brilliant ght In the western sky, az IL caused
by 4 large nrs, excited alarm. The bells Of the
franklin hre company and at Central police sta.
uoR were rung; but the light disappeared In a
short time, and the areInen returned to their
engine houses. II was probably a nre made In
the fields in the west cad by boys or the burning
ofa chimney. About half past ten another alarm
was given, for which no cause was assigned
LIvELr.-Las night the police had a merry
crowd at the guardhouse Of fascinating damsels
fron the Eleventh street precinct, near the canal
An even half dozen were taken TO the station, and
nf - To- Ill, a