Evening star. [volume] (Washington, D.C.) 1854-1972, 1861-10-24


Mr.. Fendall when another correction was to be
made, retorted that although he wrote so slow he
| managed to get the evidence down correctly
Mr.. Davidge had put IL down with his usual cor
rectness and rapidity.
Mr.. Davidge said the gentleman must be care
full what structures he made on him.
Mr.. Fendall said the gentleman had first reflect
ed on him.
Mr.. Davidge said he had meant no reflection
| on Mr.. Fendall, and believed he would not make
an Intentional mis-statement, but from what he
says, IL might appear that he (Mr. D. colored
the evidence by putting down things once or
| twice, or leaving them out to suit his own con-
venisnce. There might be exceptional cases
when In the confusion which prevailed here the
room was part of the time bear-garden-he
might have made omissions He was endeavor-
Ing faithfully to do his duty.
Mr.. Fendall said the gentleman (Mr. ID said
he did not put down what did not take place.
He Mr.. Fendall) put down what did take place
Mr.. Davidge said he would not be subjected to
any inuendoes.
After further discussion IL was decided to put
In the expression which Mr.. Fendall had noted.
Another discussion then ensued as to whether II
should be written 81 have seen my brother little
tipsy other gentlemen as the witness had be-
fore testified, or whether Ii should be written
without the word ''little," as Mr.. Fendall had 1t
put down when the witness stated It the second
time
At the request Of witness It was written "a
| little tpsy."
After the reading was concluded, Mr.. Davidge
from the Clerk of the Supreme Court In Iowa,
being transcript and papers Of the proceedings
on an appeal from the Jasper county District
Court on the decree Of divorce to the Supreme
Court Of that State.
The case was argued at considerable length,
when the fact was elected that the proceedings
| Tor appeal was commenced after Mrs. Iarney's
death.
Without reaching any conclusion In this case
the court adjourned.
Mr. R.RrEvp rropp Tr.r,cp rou..o, W.,
terday. at O'Clock p. m, Mr.. s. C. Barney ap-
peared before Justice Johnson TO answer to a
charge Of assaulting and beating his son, s. c
Barney, il better known as ''Chaseyn The
| case will be better understood by the following
explanation as to the issue Of the warrant and ru-
| ling Of the case The complainant first applied
to Justice johnson for a warrant, but the Justice
assuming that the parent had right to correct
his child refused to issue. The complainant then
went to Justice Giberssn who heard his state
ment and issued the warrant. Some conversation
afterwards ensued, and one Of the friends Of Mr..
Barney thought the Justice prejudiced in the
matter, and the Justice thereupon agreed to the
ruling Of the case before another magistrate, and
IL was ruled before Justice Johnson. Mr.. Giber-
son appeared for the complainant and Mr.. Da-
vidge for the defence.
Mr.. Gberson moved that the Justice transfer
had partially prejudged the case, and had ex-
pressed himself In very warm terms upon the con-
duct Of the complainant.
Mr. Davidge objected TO the motion, and sug-
gested that the defendant had right to select and
rot the prosecution, quoting the language Of the
warrant requiring the prisoner to be brought be-
fore the magistrate who issued IL or some other
Justice OF the peace "
Mr.: Giberson denied that there is any law to be
found giving such prerogative to the arrested
party. The warrant makes 1t discretionary with
the constab BILE to take his prisoner before the sub
scrolng justice or some other more convenient.
he hardly thought the Justice would object to the
motion under such circumstances.
Mr.. Davidge thought that the Justice was able
hearing
Justice johnson said he had not prejudged the
case, as he had not as vet heard the evidence and
considered himself uncommitted to either party
Mr. Giberson said 1t was with the Justice to
Try the case II he chose; but he wished Il dis
nnctiy understood by the public that he pro-
Justice Johnson.-'I shall proceed to try the
case with the defendants consentn
Hr; Gi6erson-"Go on then, protest"
.. O. Barney, Jr. sworn--Said that his father
attacked him twice, both times In the street The
nrst time about three or four week ago on r
street; the second, last Monday on street. The
second time he wrung his ears az hard as he
could and slapped him afterwards.
Justice Johnson Didn't he ask you to do
something for him?
Chasey.-He asked me to do some writing and
as thought 1t had something to do with his case,
{Ine case before the Orphans Court.-Rsp. i, told
MI Giberson 60 Whose custody are you In 20
GnaseY.-"l am In the custody Of Mr.. Phillips -
In reply to questions Of Mr.. Davidge and the
Justice, ChaseY said that the slap was a hard
slap; but 1t didn't draw blood or leave marks:
out his father wrung his ears hard as he could
he felt ashamed that his father should treat him
SO, and call him names such ga puppy, in the
street The incident attracted persons around
MTS. NJ BrondKgh swOrn.-Stated that a week
or Two ago she heard noise her front door and
went 10 see what 1t was She saw Mr.. Barney
have ChaseY by the ear. She asked Chasey what
was the matter and he told her his father had
asked MIN 70 do some writing, and he had re-
fused, and for this he struck him. Mr.. Barney
appeared 10 be angry, and witness told him to go
away from her house, and she went in and locked
the door The children-Chasey and his sister
board with the witness at present
J. NJ. EdUardS IAN Intelligent boy of about
thirteen, apparently swOrn.-Tesiiied that he
Was at the carriage step when Mr. Barney came
along and said to Chasey, "Chasey, want you to
do that writing" ChaseY said he couldn't. Mr..
Barney then said he must; and Chasey replied
won't" Mr.. Barney took hold of his ears
ana ana Chasey got away and went toward Mr.. Phil
took hold Of him again. MIR. Barney said he
would get cowhide and whip him well
Mr.. De Kraft sworn.-Testifed that the chill
drsn OF the late Mrs Barney are In the custody Of
the Orphans Court, and as agent of the court in
Columbia
Mr.. Davidge proposed to submit the case
Mr.. Giberson said he would make a few re-
marks, and was proceeding to argue that Mr.
barney had no authority to correct or chasise the
boy under existing circumstances, when he was
interrupted by remark Of Mr.. Barney In a low
tone, which we did not hear and which was
checked by his counsel.
Mr.. 81 osrson 81 don't want to come In con-
tact with you, Mr.. Barney. You won't trifie with
me as with others, old man az | ann
Mr.. Giberson intlmated that the course of Mr.
b. In the Orphans Court would not be tolerated
oy him here He urged that the position Of the
child In this case was not Of an ordinary character
The child 10 not under the defendants control,
and has certainly right to crave surety OF peace
Mr.. Davidge admitted that a controversy was
progressing In the Orphans Court but he had
never heard that Mr.. Barney was not the father Of
Chasey: He urged the right Of the parent to cor
rect and chasise his son for any otfense; the only
exception 10 In cases Of merciess treatment which
has not been shown here
Mr. Giberson, In reply, commended that this was
no ordinary case OF parent and child, and hoped
that, although the justice had partially prejudged
the case, he would bear this in mind before he
rendered judgment, and also the fact that the
complainant claims the surety Of peace.
Justice johnson said that, in order TO consult
authorities as the case was a novel one to him. he
would reserve his judgment till this morning at
ten O'Clock.
This morning, Justice johnson announced his
decision, that In view of the facts that the oups