Evening star. [volume] (Washington, D.C.) 1854-1972, 1864-11-12
LOCAL NEWS.
AMUsIMlNrs TONIGHT.

AhU61M1NT1 TONIGHT.
foRDs THRATRs.-To- night the celebrated
English actor, Mr.. William GomersaL and
Mrs. William GomersaI, the beautifal
young comedienne, appears at Ford's Tneafer
the new and beautiful play Of "Miriam's
Crime" the performance TO conclude with
c'Blondn on the Low Ropes" This Is also the
last appearance, for the present OF Miss Alice
Gray, and those Of Washington who have not
seen this splendid trio, will have but this one
chance. Monday night the "Seven Sisters"
and q new, first-class company.
Growers THEATKR.-Ths Is the only night
positively of Richard ILL.," in which the
great combination company will appear This
play s too vel known to need any mention
Whatever, and the combin alton at Mr. Growers
heater have proved themselves the fayorites
Of the Metropolis. All who wish to witness
this excellent performance cannot do better
than to procure their tickets carry as q perfect
Jam is anticipated
CAnTERBURY.-To-n night 1t will be remem-
pereo, closes the engagement of the bewitching
young actress and vocalist, Cherry Belle, at
the canterbury, and those who have not yet
seen her will miss treat by not going tonight.
Wray' Mons. Deverney and Jennie Walton,
all excellent performers, will appear. Matt
Zee for ladies and children this afternoon.
SANDRRsON's MINsTRBLs- This famous
band OF Ethiopian performers give grand
matinee for ladies and children, and tonight
they again appear at the Washington Theater.
Ladies fond Of good singing now have an ex-
Cellent opportunity to crafty themselves,
some Of the best singers in the profession ac-
Inls
AN IMPORTANT DECIsION.-The case of M.
Thompson, agt Thomas +. Bowie, was before
the District Supreme Court, sitting in bdnc
Gently, on bill Of exceptions, from the ruling
Of Chief Justice Cartier. who held the term of
the Circuit Court at which the jury returned a
verdict for the defendant. This suit was
brought TO recover the amount of three promIs-
ory notes made by Bowie on the LIST OF January,
1857, for 1000 each, payable 10 the order of one
Frank Steers, frem whom The plaintiff pur-
chased the notes.
The defense was, that each of these notes
were given for a gaming consideration, aud
they were therefore void in the hands of even
a bona tde holder fer value. To make good
this defense, the counsel for Bowie were able
only 10 introduce circumstantial evidence
which was in effect that Steers, the payee of the
notes was a common gambler, and at the time
the notes were given was the keeper of gam
bling house on Pennsylvania avenue and that
he had no other business and was possessed of
no property. They also showed that the body
of the notes Were in the andwriting OF John
r. James, another common gambler, and q
habtue of Steers establishment, and tn at there
was another note made by Bowie OF a like
amount and date made payable to the order of
John Campbell, another gambler and en-
plOyee OF Steer, 10 deal faro. They also proved
that on the Gay of the date of the notes that
Bowie was grossly Intoxicated and entirely
unfit for any business Whatever, and that w hen
under the influence of liquor he had propen.
sity and habit which he could not control, to
habtuate gaming establishments and play at
their games
The plaintiff objected to the ruling of Chief
Justice Cartier In admitting this evidence, and
by bills of exception the case came before the
court IN bGnc, " here 1t was argued by Mr.. r.
J Brent for Col. Thompson, and Messrs Wal.
ter 5. Cox and s l.. Phillips for Gen. Bowie.
The opinion OF the Court was delivered py
Chief Justice Cartier, as follows
The proofs in reference to the defendant in
this case, Bowie, being intoxicated, was that he
was irrational under the influence of it, In the
case of insanity, 1t would be perfectly compe-
tent to prove the idtosyncracIes of the in ane
person W hen he was in that condition. Why
not when reduced TO the condition of tempo
rary inebriety! In reference to the action OF the
court below, in refusing 10 take the case away
from the jury, the members of that court had
no doubt that the circumstances were amply
sufficient TO justify court in so doing. and
regards the verdict, he would say that from the
character of the evidence IL would have been q
reflection upon their intelligence and honesty
had they not rendered just the verdict they did.
As 70 the point taken that the plaintiff in this
action stood IN a different position from the
payee of the note, that court could not per-
ceive the distinction. These notes were con-
demned by the law and had no virtue in the
hands of the endorsee.
What would have been the proof if this man
Steers had been IN court instead of Thompson,
and he wished for the credit OF the bar that it
had been. This case, he said would then he
presented. Bowie, member of Congress, q
member of the bar, and a man IN reputable
standing is reduced on a festal occasion to in
ebriety so as TO deprive him OF all reason and
judgment He is seen going through the streets
In this condition at two o'clock in the morning
IL
day, hen three gamblers are found in pos
session of his notes to the amount OF 81 900
1t had been argued that the law presumed
they were given for valid consideration.
That was true, but that presumption was I'M
der the rule of the circumstances. The circum-
stantial evidence in this case, IL it went no
further, went far enough to put the plaintiff
upon explain alton, and the fact that this case
ha d been pending five years, with all the facil-
tiles of a member of the bar TO secure the proof
requisite to illustrate the true consideration of
this transaction, his failure to do so, in the
opinion of the Court, authorized the conclusion
that the notes were given for gambling con-
sideration and Thompson knew it.
These were the convictions of the Court on
the subject and he would say, as tar as he was
concerned, that he never did a judicial act
with greater cheerfulness than to affirm the
judgment OF the Court below.
Col. Thompson gave notice OF an appeal to
the Supreme Court Of the United States.
POLICE REPORTS Second Precinct-Mary
Carr, Jack Cole, James Herbert, VIM. Talton,
disorderly; 81 each. Wise Cole, do; dismissed.
Lewis Boyer, selling liquor to soldiers; do.
Mrs. Nelson, disorderly; IS; Mary Smith, do;
S3-both sent to the workhouse in dsfault.
Jonathan Riley, drunk and disorderly; mill
tary.
Fourth Precinct.-Ellen Ofutt, threats; bail
for peace. Fred Barber, disorderly; 50. A.
johnson, carrying weapons; dismissed. W.
Brown, drunk and disorderly; SO. John CLARK,
drunk; SIS. Ainworth Goodnow, vagrant;
workhouse. William H. HubbelI do; mill
taTy.
SIR III Precinct-moses Black, larceny; bail
for court. James Evans, do; dismissed. John
Tobias, posting bills unlicensed-two cases; 80.
Frederick Freund having stolen horse for
trial.
Sepenh PTeeinct.-John Kelly and James
Corners, disorderly; locked up. y. e. Low,
drunk; dismissed.
Tenth Precinct-Beuj. Ringold threats; dis.
missed. T. MEG uire, drunk and dsorderly;
So 20. Thomas Forrest, disorderly; 49, Squire
BentIy, carrying weapons $1,000. John
Mccarthy, desertion; military. Charlotte Glib.
bin, dIsorderly; $3.50 Alice johnson, do;
$500. David Slime, drunk; 9l.9J. Caroline
Robinson, vagrancy; workhouse.
BILLIARD MATCH.-Another contest at bill
lizards was had at the splendid saloons of Mr..
Geary last evening" which took place between
L.. IL