Evening star. [volume] (Washington, D.C.) 1854-1972, 1864-12-07
LOCAL NEWS.
AnUskMENrs TONIGHT.

@, a. "Nartha," viii tie presen ted 10 night ~
GrokeTe. Madame Johanna Roltsr aPpIFsT rans
Us Martha, Mile Dziuba as ''Nancy, rranE
yiinner as "LiOnel," with otner plon.u.h NJ
ChaIacters. Tomorrow evening, ,ns grand
Nv set opera o. Haie'y' en"''N NC
lords THRATER.- Maggie Mitchell, the
bear iful and bewitching actress, appears to-
Nigh. for the t. ird time inns season IN her
pie - perfectiy at home in "Fanchon, the
Sricketr and II you are so fortunate as to get
there a time to secure good position, we feel
sure euw Will soon feel at home in her pres
ence.
OArrERTURT.-The eminent performers on
the Canterbury stage are still drawing large
audieB: q. The beautiful advertisement, ar
ranes' ny Mons. Matthew, entitled the "Belle
MadrI",' will he enacted TO night, in which
will appear corps de ballet of twenty young
Iaaies. Go and see it.
Ok orr HALL-This beautiful hall is the
center of attraction this week, in conseq uence
Of The great act entitled ga Leap for Lite" in
whiCn Mr. James Ward gives CENTRE satsfac-
ton" On tomorrow evening the entire Mar
tinetti family Will appear.
PARTY WALLs.-In the Circuit Court Judge
Olin) last week, the case OF Ellis VS.. Topham
was tried. l. involved several points OF con-
siderable interest 10 owners of real eetate and
buildings in this community. The suit was
brought by James 6. Ellis to recover the
balance due of the contract price for the cree
ton OF house for The defendant on 7th street
west, between Odd Fellows Hall and the prop
erty of John G MeKelden, and an additional
sum for extra work, amounting 10 about 81, 700
The defendant claimed TO set Off or recoup the
sum CT 81 800 paid ny lin to M. III kelden for
damage resulting TO his house from the remo-
val of the old building and excavatng the
foundation for tie new one. The defendant
claimed that IL was stipulated that all work
necessary for the erection of the building
sbonld be at the expense Of the contractor.
MCKeIden's house WAS proved to have been
built entirely on his own grouBd more than
twenty years ago AMI IT was argued by the
counsel for the defendant that MCKelden had
thereby acquired fer mis- house prescriptiye
tight of support in the adj lcent property.
The Court instructed The jury that in this
country no such prescriptive right could be
acquired, however long continued; that to &C
quire pTssCTiptive right some adverse use of
the adjacent property was necessary; that the
adjacent owner could not preyenthiS neighOor
from building on his own ground such n house
as he saw fit; that he might rest his foundation
on the surface OF The SOIL, or extend it to any
depth he might thihk proper. and nobody
could complain but that by the mere exercise
of this legal right, though continued for q Pc
Rod longer than twenty years, he could ac-
quire no rights in the adjacent property.
The jury were like wise instructed that il the
defendant exercised reasonable care in excava-
ting his own cellar, and damage ensued to the
adjacent building, he was not responsible for
ii, and it was not his duty TO undeTpin or shore
mp McKeldPn's wall. Also, that II McKelden
knew that this en- ayation was being done, it
was bis duty TO secrTe his own wall from dam
age.
The jury returned verdict for plaintiff for
S1.76l 50 damages.
y = d.
eel for the plaintiff and MessTs. Bradley and
Bradley Tor defendant.
LEVY Court The Levy Court of the coun.
ty of Washington assembled on Monday in the
AldermeE's chamber, all the members being
present, with Mr.. Callan, the clerk and treas
urer
Mr.. Thomas presented several drafts drawn
by the clerk on the Mayor in favor OF William
Prater, porter OF the Orphans Court, for one.
half Of his pay for the months Of July, Au.
gust, September and October, which the May
or refused TO pay; referred.
The Chair laid before the court 8 communi-
cation from tie Board of Metropolitan Police
informing the court that they had established
a station house near Brightwood, and asking
quota OF the expense.
The court fixed tne amount of the bond of
the treasurer Of the primary school fund at
Mr.. Burr offered resolution directing the
committee on finance TO prepare bill to reg
Mate the rate OF license in the county, and
Suggest any fuIt Their legislation that may bs
necessary TO enable the county to effect the
same, which was adopted with an amendment
directing the committee 10 report On MONDAY,
10Th inst.
MIR Bowen, from the committee on finance.
made report recommending that the subject
of the drafts drawn on the Mayor for one-half
of the salary OF the porter OF the Orphans
Court, be referred to the attorney Of the court
for his opinion; adopted
METROPOLITAN STREET RAILwAY.-It Is
expected that tnis road Will be put in opera
tIOn next week from the capitol 10 Eth street.
Two Of the cars have already arrived, and are
now at the Baltimore and o 9io Depot. Twenty
have been orders d 10 Deplaced on the road i'm
mediately, and they are rapidly being finished
an the shop at Philedelphia They are of the
style, peculiar to hat city, known as the box
car, and are similar in style to those made by
Murphy and Allison, running on the Avenue.
They are taste;ulIy finished in cream color
and green, the sides being Of the latter color,
and inside are velvet cushions eff the same
color. Along the upper portion are the words
GCity Hall Patent and Post Offices, Wizards,
Treasury. War and Navy Departments" and
on the sides, in gilt letters, oh and I streets,
while the center Of the sides is embellished
with ornamental paintings. They are of the
usual size, and Will seat comfortably twelve
on q side.
1t is contemplated to run by the last of this
week, but iron sufficient to finish the track is
not now on hand, and the company may BE-
disappointed for a few days, but they are using
every exertion to make good their promise to
run the cars by the 10Th inst.
A CONVENIENT KNOT HoLH-Ths advan-
tlge of = knot "uIe was manifested 10 the po-
&c OF he Gig IN recinct few days since.
Near the Brick Bri ge on New Jersey avenue,
there is a sba nv kept by a woman namod
Martha Young, and the police have for some
TIN set q waich upon IL, they regarding it as a
resort for soldiers. MISS Young had one de-
feet In the door-a knot hole-but by stuffing a
rag in 1t she succeeded in avoiding arrest for
selling liquor to soldiers. a few nights ago
one OF the active officers of that precinct de-
termined on catching her il he could, and for
that purpose pushed the rag 10, but before he
had time 10 take survey of the internal ar
fa1gements, some one replaced the rag with
so sharp push as 70 nearly put out the eye OF
the peeping officer. This adventure did not
put tue officers back, and night before last Of
ficsr Kincb, by depressing the rag cautiously
with q stick, got yi@w of the interior, and
obtained proof that she was selling liquor TO
soldiers. Mr.. Kinch took her to the eighth
precinct station, and justice Handy ilaed her
go.
dria State Journal:
The Court, as L Court OF Oyer and Terminer,
proceeded TO the trial Of Dennis Lawrence, a
free negro. The SAID Lawrence was set to the
bar in the custody of the jailor, and charged
that he cid, on the LIST day of December, 1861,
feloniousty assault, With intent to rayish, one
.SaIlle Z n Terrell. colored in fant. SundrY