The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1864-12-16
LEGAL INTELLIGENCE.
me NAVY YARD rRAUDs-rHAk's cAsI

TIE NAVY YARD FRAUDs-rBAK's CASE.
UNITED STATES DISTRICT CoURr-Judgo Cad
waadcrTho United states REL Peak VS.. ClqgrI II.
a. brink.Ihis case, In which the Ireator, VINO, Bng
contractor bt the Navy YARD, under military arrest und
M confinement answer charges OF fraud, Sc WAS before
II VIII be remembered that AZ the conclusion Of the
argument on Monday Judge Knox Tor the United States
statod that he had been informed tnst a martial IA
been convened expressly or the traloi c paues charged
der he agreed TO amend the return TO tac writ setting
rhs was dore but this morning he presented to the
Court communication 10 tue effect that court martial
had not been ac.UHy convened, but lhAt
ton Of the Navy Department promptly to order one for
tie tial Of these cases.
up,n points raised upon the argument Monday,
Juugc CaiW aladcr then read an opinion, deciding
Isl That he 18th section VI the Act OF Congress, July
IL lsO2 making cont actors for furnishing supplies to the
Amy and navy amonlbe II military law and trial by
courts martial, was Fconstiymioni because a person
by maj ing contract by tat very act accepted the cln
oton imposed ana waived his priyegeas citizen, aud
sob ects msslftO military -"enlists to sOeak
20 mat Nj der the act Of July 4 sbl Authorizing ha In
suh Cases decides hat any person who before
purpose s TO be regnided as IN ody OF tia co IT.
and he wouid not Interfere. But not being led before
su' Court ara nsne having been actually convened for
such rial the party should be produced In order tho
Qn' sion Of ban may be settled lie decdes In fact that
fshk Is enuu 20 be ADMITTED ts bail
The Judge deshed and aRan suggested to counsel that
@ officer mlkug TIE retuin to the Wr should 50 amen
me- return as 10 express his readiness 10 produce the body
The judge Hlso said that he would ike 10 have reargu-
mont uPon ths question as 10 whether the The
tto Whhu The scope OF tho act of Consros, ana tne
PRESIDENTS oc1 nation huspending the writ OF ha6sds
il 30, bis production cauno be required. The return
sets out CecntDn ny order OF the President, and
seb uut the alleged onone How the rttHrn to be
sTueu: DDrs 10 under the statute ald proc
clamauOn3 u diToci and essential authority OF tne
President slUwnt
wednesday was sssgned for the argument Of those
questions.
SlBENE CoURT At NIsI PRIUs-Judge
FCod-Gtorgo Naie et Al trading, etc VS.. q. usm-
IuoUd This action IS bought % recover da ugvss
alt gyd each OF contract vhc allegation OF otin-
lba u nc O1or iS1i defendants contracted with
them In nauufactme ten thousand sabre hal0los, 70 be
vOTcd 10 dCitndauts by ecCmu6r 81 lSGi the price
brtgd upon there or he ninety eachy
pursuance Of lurn sgrCemeut plintns at considerable
eNpMse. tered thoig machinery and proceeded uu
LlvIT contract
They uauuiaatnre and delivered about thry-0na hum
ecd handles aer which ceel dahs refused g. receive
Tor any more. This action is brOughI recover
difference between M cynts tue alleged eos, Of each sabre
haude 10 the Plaintiffs and the price ON the sty
thousand nine hurd ed handles which Is aleeei Dain
tins were ready 10 deliver, but defendants rofusei 10
receive,
be- deieh,e IS that the pla'ntlGs aid not deliver as
Tuidy the race TtQurey, ana that all Oh a.
d,tiyeicd were uaid 70 The case is ON trial
C0UHr or QUARTER SEssIoNS-Judge Allison
II the SO II HeOrgs Moore, charged with assault
and battery Ala.s Bnrrl tcJlorcr }, IN ejectny her
II spruce anu Plue st OF car, which he
duCor the Jury unable 10 agree ana scaaged