Evening star. [volume] (Washington, D.C.) 1854-1972, 1864-11-03
LOCAL NEWS.
AMusRMENTa TONIGHT

eft of Mr. Roberts.
CANTERBuRY-It must be trnIy gra lynn
to the energetic engineers OF this amusemen
hall TO receive the extensive audiences which
nightly crowd the Canterbury to witness tn
accom- plished actress and vocalist, Miss Cherr,
R-IIe as JuIietta, the &C Dumb Girl O
Genoa" and we bespeak for them a GRO wdet
house to night
GEovER's THEATER.-This is the last nigh
but two of the successful engagement of Mr.
Dan Setchell. who will appear TO- mig bit i'm tw,
of his funny characters The performance will
commence with the brilliant comedy OF 9TH,
Serious Family and conclude with tn,
screaming eomedietta, WANTED, 1000 Mill
ners In the first Mr.. SetchelI appears as
slAminadab Sleek and in the last as {. joe
Bags and MADAME Vanderpants"
ODD FELLOWS HALL.-Sanderson Min.
sueis are performing nightly at the above
named nall to large audiences. The troupe is
st-class one, aud their programmes well
maze mp OF all that will entertain their visitors.
Go and see them.
SUPREME COURT IN BANC.-Yesterday, in
this Court Judge Olin delivered the opinion of
the court in the case of W. T. Purcell agt.
James Coleman, ct al on an application of
The com plainant for 10 file Dill of re view, in
the case which grows ont of the parties ex-
changing property. In the Equity Court, Judge
"ylIe decided againt the complainant, and he
now applies for leave to file a bill Of review in
the case, on the ground OF having newly dis
covered evidence.
Judge Ohm, IN delivering the opinion of the
the dispositions taken under an order of one of
The Justices being produced, enables the Court
TO Judge whether the evidence proposed 10 be
given would probably change the result at
which the Court arrived on the trial. and if so,
whether such evidence could not have been
produced on the first hearing of the cause.
Judge Olin remarks that the same principles
which govern applications of this kind in
Court OF Equity are the same controlling mo-
tons for a new trial in a Court of law, viz:
LIST. The evidence must be newly discovered,
i = II, lady of
the party or his agent since the final decree
was passed.
ID 1t must be material ard of such char
acter that 1t would probably change the results
of the cause, or at least, raise a question of so
much nicely as 10 bs fit su hect of Judgment
in the cause. This excludes evidence upon
points upon which the applicant had gwen
testimony on the first hearing.
I'd. The evidence must not only be newly
discovered hut it must satisfactorily appear
that the petitioner using reasonable diligence
could not have procured the evidence upon
the time.
Tested by these rules the application dis
closes nothing which would Justify setting
aside the Cecree and grant new trial.
The Judge reviews the evidence proposed to
be offered, and rules out the ties tmony of one
witness COLLINS which bears important
" on the case because II cannot be considered
newly discovered evidence.
Collins was in the military service at the
time of the trial, hut it does not appear that
effort was made before TO take the testimony
or postpone the case.
The testimony Of another party, who heard
the negotiations fer changing the property
going on, and which was not before the court
on the hearing of the case, is also ruled out on
the ground that II is not properly newly dis
covered evidence, as 1t must have been known
&c the complainant that the negotiations must
have been heard by members of his family, and
no effort appears to have been made on the
former hearing to prove what il is now sought
TO have proved by this witness.
Mr.. Brent counsel for the plaintiff, entered
SUDTPmp
States
The case of Lucien Peyton agt Sweeney Il
Huyck, for damages resulting from transactions
IL gold, Is before the court.
TESTING THE FIRE DEPARTMENT-The fire
alarm was signaled from box 81, located at the
Navy ard gate, at o'clock p. m. yesterday.
The signal was given to test the perfection of
the system before the officers of the yard. In
eight minut after the alarm was given from
the central Ciiice, on 10th street west, TO the
various companies, they arrived at the Navy
Yard gate in the following order Columbia
in : minutes, reels OF the Metropolitan and
Rucker in - minutes, 30 seconds, steamer
Rucker in Is minutes, Franklin 16 minutes,
Union 30 minutes. This time proved the ef-
ticiency Of the men employed by the Fire De-
partment, each company showing that no time
was lost by the members after signal was given
upon the gongs at each station. The Columbia
starts a short distance south of the south Cap
itol gate; the Rucker from I'd street east and K
street north; Metropolitan from Massachusetts
avenue, near 5th street west; Franklin from d,
ear 18th street west and the Union from 2lst
street and Pennsy lvania avenue. The COM
Inodore and officers OF the yard were perfectly
SATISFIED with this test of the system of the Fire
Department. and com limented the firemen for
the prom Djness and activity they manifested,
and tor The eEer,ient working order and clean
illness of the apparatus ana men when they az
rived at the gate of the yard.
SEVENTH WARD LINCOLN AND JOHNSON
MFEFING-ThiS club met last evening at the
Is ga ia
dent. a gOOdly number of persons had as
semi led by the appointed hour, when the
president called the meeting TO order, and an
nOunced that q gentleman was present for the
purpose Of inviting the Seventh Ward Lincoln
and johnson club to attend the Union mass
meeting at GiesbOrO Point.
Cant. Mcdonnell stated that 8 boat was in
waiting at the Seventh street wharf to take
down any who might wish 90, and would
return with the CLUB when the me bers would
make the request.
Nessrs. George Leland, William Yonson,
james King, George Thomas, Robert Parkhll,
and others, We're admitted 70 membership.
MIR. Boswell, president of the club, stated
Til he had been informed that the bogus bal
lots sent to New York had all been captured,
and that no fear need De entertained that they
would be used against the Union candidates.
On motion, the invitation to attend the mass
meeting at Gil sboro' Point was accepted; and,
after having adjourned to meet again a. the
same place next Saturday evening al <
O'Clock, the body proceeded to the boat, and
were taken TO Giles boro'.
THE DRAFTED MEN.-The following drafted
men reported to The Board of Enrolment
yesterday:
FrrStSaJ- Distlct-Jno. Boyle, furnished SUBJ
st.tute.
SECOND Sub District. VIM. A. Knox, furnished
Substitute.
Fourth Sub DiStrisL-John A. SOmers, over
age; Ihcs. l.. Hume, and james I. Young, fur
L shed substitutes.
FfH Sub DiStrict.-John T. Giyin, erroneous.
ly enrolled Richard Thomas, accepted.
SereRh Sub DJstricj-Ciustavus Butler, &C
cepted; Y. Il. Vernon. VIM. Jones, and Albert
Brooks, furnished substitutes.
EiereaH Sub District Jerry Conner alien:
Goodwin 7. Atlee, furnished substitute.
T,rsyH Sub DiStrict-Michael Finn, under
age; L. Pusey, physical disability.
BURIALs REPoETED FROM ARMY HOsPI-
TAILS, Et the office OF Captain J. NJ. Moore, A.
q. NJ, u. =. a, November LIST and I'd, 1864 -
William II. Booth, T., 4th New York heavy
artillery; Sergeant II. A. Colby, q, ID United
States sharpshooteTs; John +. Rauker, ii, leith
Pennsylvania; Patrick O'Neil, wagon master;