Evening star. [volume] (Washington, D.C.) 1854-1972, 1864-01-20

canse You are evidently q man OF some degree
of cultivation, with the hAbits and associations
of a gentleman; and there fore you, above all
men, ought to be punished IL you disregard the
law under these cfrcum stances. III we should
find some man arraigned here, brutal from ia
education, who had been engaged in such q
broii as tins. why we should thiak it as nat
nrsl as that two dogs should get into fight on
meeting in the street; but 10 Il lar otherwise
when man like yon commits an act OF this
kind, and q tiifferen measure of sevsrity ought
to be melted out. Il You cau be tolerated in
are emulous to follow the examples set by
such men, will indulge in it from the mere
fierce Of example. a-a y 81 r @ u -7E
The sentence ofthe Court in your case is that
you be imprisoned six months in The jail OF
this-eeHnty, andSthat you pay a fine OF $500
and stand committed until that fine be paid.
THE POWERS OF JUsTICss IN CASES OF TEN
ANTS HOLDING OvER.-In the case of Hart
brecht against Goldsein, Judge WyIie mazda
decision this morning Of soma i'm portance to
our MAGISTRATES in cases of tenants hoIdiny
over. The particulars of the case are as fol-
lows "A notice had been given to the plaintiff.
who is the tenant of defendant, to yacate GER
tain premises on the first day of January the
notice being founded on the tenants admission
SIS TO the date Of the termination of the tenancy
The tenant failed to comply, and proceedings
were instituted under the act Of Maryland OF
l7e3 Tin force in this Districtl
In the course of the trial before the Jury the
admission of the tenant that his term expired
on the LIST Of January was proved, when tue
counsel for the defendant proposed TO contradict
such ey iden &c, and the magistrates undertook
TO decide and exclude such evidence from the
jury, and they found for the defendant. The
plaintiff (Hartbrecht applied tor an Injunction
10 stay the proceedings, alleging as j. reason
hat the magistrates had no authority TO decide
on the evidence.
had no power to decide on the admissabiity of
the evidence, but that their dnty was simply
TO summon the jury aud enter the Judgment on
the finding Of that jury, and not to instruct on
points of law; the jury must decide on the ad-
INSTABILITY and effect of the evidence them
selves. Nevertheless, the Injunction prayed
for was refused by Judge w vile, on the ground
tn at the evidence offered ought not to have
beenOeceived by the jury ii the question had
been left them 10 decide, and so the complain
ant had sus tained no damage by the decision
OF the magistrates; he having admitted that his
term expired on the first OF January, and the
landlord lad acted on tina. admission, the
tenant was thereby stopped from proving that
the tenancy expired on ANY day other than the
first of January, whether he made such an ad-
mis- ion by mistake or otherwise.
DEATn OF A WELL KNOWN CrTIzEN-Mr.
Jese pm W. Davis, we'll known an eStm able
citizen, died this morning about Ii o'clock, of
small pox, at his residence on street. Mr.
Davis vas q printer by trade and for.
merly a member Of the Columbia Typoyraph-
zeal Society. He was for a time a member OF
the Board of Common Cou"cil of this city; was
for many years engaged rs penny postmaG,
and in that capacity gave very general salts
faction. Iatterly he has been keeping the well
known grocery store a the corner of Ninth
and T. streets. Mr.. Davis was IS years of age
The death OF SO many useful mem beers of the
community by this trightful disease points ont
the necessity for promps action in staying the
pestilence by every ayait2Eie means yaccin-
nation. isolation OF the inte ted from the COM
muniry ~ large, and designation of the infect.
ed houses SO that persons may not 60 ua-
warned into the very jaws Or death.
The various measures to these ends before
the two boards of the city councils will, we
trnst, be made effective laws at their next ses-
sion, and put into immediate force.
CRIMINAL CogRT-Yesleriay, Mary Scott,
colcred, indicted for grand larceny submitted
her case and the Court adjudged her guilty
o. peIt tit larceny and sentenced her to Jail for
five days
Ihs morning, James WEIGH, indicted f,r Al
assault and battery on officer Frazier with in
& TO XII, was found guilty OF assault and bat
teTy only.
The District Attorney entered a roll. Dr,, in
the case Of Thos. Donovan, Redy George. ami
John Mack, indicted for an assault and bat
terry with intent to kill Lieutenant QuigIey
lThese parties have all been convicted OF high
way robbery of Lieut.. Quigley.I Also in the
case OF Collins, Dixon, Indicted for al assault
and battery with inien. to kill E. Harmon
Hester ing. colored, indicted for the larceny
OF cow, the property Of John w. Lyons, was
found guilty.
Th6 C6APT.-lzdst night. Fred
rick Wickleman, J. H. Bangs and Richard
Barker, two bakers and a blacksmith, met in a
rfs:aurant, where they disputed about their
sfili in their professions. The blacksmith de-
ciared that he could bake better cake than
tns BAH rs which insinuation was too insult
ing for the Bakers TO endure, and the result
was fight. The police OF the Fourth Ward
lnteTfered, and arres ted the belIigerents and
took them to the Station house, from whence
they were discharged this morning upon pay
ing fEe OF sos each.
DISTRICT Court, Judge Wylie.-This morn
ing, decree was made confirming the sale Of
toe interest OF J. N. Gamewell and Jas. Dun
Top In certain patent rights seized under the
po DIVISIONS OF the ConascstIon law
. motIoa was mace by ". :. Cox, ESQ, in
o. nall OF jos. Rrink1ey, for inJuncti n ID
: tay further proceedings in the case Of the
schooner Hampton, libellsd as prize: which
vas argued by Mr., Cox for the petitioner and
Mr. Wilson for the nited States, but no deci-
sion was made.
SELLING ItoUoR OK SUNDAY.-Yestsrdav
and TO-DAY tie following persons were fined
SIS each 10y Justice Fergus for selling liquor
on Sunday: VIM. Douglas. 400 eth street; Pat
rick Gibbons, corner 4 street and Maryland
aPenuei Charles Hubbard, ASP 9Th street; and
Otto Lang, corner of nth and E streets.
% IEsERFRRs ARRBsTEp.--Ehe following de-
serters have baer arrested by Capt Seheatz's
detectives: e. E. EIls, 18th New York yoimn,
GERS; James " Boit..oth New York cavalry;
lanes Hanlon, 20 II, LIST PENNSYLVANIA cav
airy; Thos Burns, Sd Pennsylvania cavalry.
-SA1LRD,-The fine gunboat Sassacus, which
ias hfen at car Navy Yard for some time lett
,ais morning for Old Point, where she will re-
port to Adm iral Lee for duty in the North At
antic Squadron. ia tas7t9a ..Lsa.
Sent CUT OF TIRE cry. H. McGinn,
-efueee from tie South. was sent ont Of the
,iiy yesterday by eTaer Q f Capt. Todd. ~
- EE-..=,s.sz-sa..rE
Y'HE CEFEoT.iG ALMANAC FER 1s6l-Jast
l. received ana for s-le ST.
TSSELI'5 HaoSstors
ts se-2i* rs 5os-'s scot nes- Ia, sv.puc
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