, 1864-02-12
LAW INTELLIGENCE.
Sequel to the Internal Machine Case.
DAILY Record Of Cnaes in all the
Courts.

CIRCUIT COURT OF THE UNITED STATES. CASE
OF NEuEn1AH HODGE ys. STEPHEN WIuPrIE Er
AIs.-t will be remembered that when Nehemiah
Hodge, Of North Adams, Massachusetts,. was tried,
1e" months eince in this city, on tho ehsrge Of
attempting to take the life Of Stephen Whipple
with an Internal machine, a motive IVES asczibed
to the defendant for the pespetration Of the act,
growing ont OF transactions respecting Hodges
patent brake, between Whlpple md the oflceza OF
certain railroad Companies, who wanted to use tho
brake without paying for it. ..p.
On the other hand 1t was alleged that tho railroad
Officers claimed Fight to the patent for the stste
OF Illinois, as Whipple's assiences OF contract OF
purchase made by him with Hodges in 1859. On
the other hand. that Hodges asserted that Whipp1e
came to Illinois as his agent, having long since
abandoned all claims under the contract OF 1851
and being induced to set 1t up after he GANG herc
by pccuniary inducements held out to him by tho
railroads. It was shown On the trial Of Hod.e
that be had commenced suits at law against the
railroad companies TOT the use OF his patent and
had also filed against Whipple, the railroad CON-
panies and Whipple's asaignces bill in chancery,
contract OF 1853.
in evidence, aud wh,le on the one hand it was ul-
leged for the prosecution, that Hodge had motive
to destroy Wh1pplo. On account Of the treachery
S b he osel hsh hs g e. asa e. a
fence, that Whipp!e had much greater motive to
conelGn Eo0Ge 10 imprlsonment and intamy, for
The purp0se Of battling him In the prosecution OF
suits which were certain to terminate In Whipples
dlegIace ard ruin.
With IRE reful. Of the criminal prosecution our
which the title stands at the head Of this Article,
wes the same suit 60 often referred to during the
progress Of the criminal trial Il was bill to en-
contract Of 1868 between Hodse and SYhipple, to to
Er. hammond, Of the G. D. & Q. r. F.. as de-
fence aeainst The quits brought BY hodge for the
bill rested was that Whipple, by fs,ling to make
chase. bad never forfeited his tito to the rights
teqently, bY contract mads with Hodge in ISL,
abandoned those rights altogethcr.F
The decision in Til: case was RiTen yesterday.
Court was Of the opinion that Whpple, by his
original failure to make the stipulated Paymcnts,
and his snbsecucut neglect to DO anything which
contract Of 1eol, Ind forfeited the rights which
he might otherwise hare assorted under that cou-
chased Of hun with full knowledge Of the facts,
ard for a nominal consideration oay, his rights
uEder The assignment were no better than Whip
PIES. So the Court enjoins the telendants from
settinE.up the contract As defense to Hodges
actions for infringement.
60 iar % this decision can hare q retroactive
Gaze" 1t goes to show that Nehemiah Hodge
could have rO real r,otivc to desire Whfrple's
Gcath,. and consequently furnishes an additional
1eascn TO the l0aiy 1nausweta!,1e ones already ex-
listing to eutpoee him entirely innocent OF the
ctnTge, IN thai case brought ag,Inst him.
lM the surEH!oE c"rRT or FCnIcaoo.11The city
OF Chicago Eucl Thomas Crawford, OF Cleveland,
in this court yesterday for violation Of an agree.
M Mt to furnish the city during the year 1s6a with
three Thousand tons OF coal. The contract was
e a G ,oas u' tso soa a
tons were fuInisbed. On tho J at OF December,
1:ce, trch coal as Crawford agreed to furnish was
S Se9s S ps5 9 .sgsb n hs
the suit is for the difference.
UNITED STATES CIRCUIT AND DISTINCT CorRT
-Dqese hcn. 7hoznas Dfunmond, Judge.-Cbo,-
ss6-Woodward ct Al: ". the Illinois Central
Railro=d Company. The jury being unable 10
agree, ase discharged from the further considers
4&-Tartjy IS. the Chicago and Alton Railroad
Company. On trial.
,a!;.Ilssg ;S;.;RIsdge rs. Hammond ct al. Decree for
.e!0-Hayen Va. Crosby ct al. Leave to amend
srrEuoR cora7-B1o.e Hn. Han r. Higgins,
es; Motion for new trial oyerzaled. Appeal pray
ed aid allowed.
S.haw'sIgh s. ct e. vs Lake ct al Dismissed
,REconprn's coun7-Bo'ore Hon. E. Fan Burtn,
Martin =. chatterton. Default and judgment.
People ss, Brryan. larceny: P1ea Of guilty,
People Te. Fitzgerald, larceny. Verdict, not
People vs skily, larceny. Verdict, guilty. Two
People 5. MeCary, larceny. Verdict, guilty and
People 7a. frowiy s Provost. larceny. Pea of
Tsorls " Margaret o'Bnen. larceny. Plea of
guilty.
People VI. Powers, larceny. Plea Of guilty.
People We. Crawford, larceny. Plea Of guilty.