Evening star. [volume] (Washington, D.C.) 1854-1972, 1865-02-09
LOCAL NEWS.
AMusA'MENTs TO. NIGHT.


"fnul Fry" support sd oy MRS. wilkins, Alice
Gray and the entire CO mpany.
growers THEATRE. Miss Lucille Western
IN he nve act drama OF 'CamIilei OF, tue ats
ota Coquette." Benefit OF Miss Western to
morrow night.
OXFORD HALL.-Ballet, music. fun and sen
timent by the great company, concluding Will
q side-splitting after piece
OANTRRBURY.-A rich bill, in, Guiding sThs
Brigand's OATH" ballet pantomi NE of "Tht
-Four Lovers" and the comic act OF ''Nerves,
In addition to host Of other attractAo ns.
ODD FELLOWS HALL.-Grand mazi, 'al enter
tainment this afternoon for little folks and this
evening oy the wizard, Signor Bitz, in, 'Toduc.
Ing marvellous Illusions, humorous dia. 'ogues
IN Ventriioquism, and the trained canarie>'
THE GRACE CHURCH FAIR will be reope. ued
tonight corner OF Virginia avenue and 9th st
The interest the public has hitherto manifesto O
In the delightful entertainments nj Island HaIl
need not be abated. In addition to the charm
which hangs around the fancy ,refreshment and
attendance-we are Informed that the tableaux
tonight will be Of the most attractive and i'm
presslye selections.
WESLEY CHAPEL.-Fair and festival by the
ladies of the church. Fancy articles, refresh.
ments and host OF pleasing attractions.
CHANCERY COURT OF THE DISTRICT OF Co
EIA-REGULAR TBRM-Beiore JUDGE IWylie-
Cnitfo Ste as rs tne interest Of A. Y. p. Gar.
nett In certain real estate. Con fiscation Bill in
ehaDcPry of a mortgage against the proceeds.
In this case, of which we took note some
time ago, report has been made by the auditor
OF the Court of Chancery, W. Redin, Esq, In
obedience to a reference of the 18th ultino.
The defendant in the present proceeding is
the Surgeon General Of the rebel army, DR..
darnett, q weli-known physician, formerly of
this city. In 1916 he contracted debt to Eliza
r. Seymour, of Sl,500, to secure which, he
executed deed of trust Of his property stu
rs residence. The debt and interest now
amounts to S2,253 rs 1t has never been paid
Meantime, Mrs. Seymour has died and the
proceedings are being conducted by her execu-
DIR. Garnet having adhered to the rebellion,
TINS property was seized, libelled, and prose.
cuted under the conflseation act, and default
having been made, decree was passed p-o
eonteSso. and the property was sold on the 9th
OF September, 1868, Alexander r. Shepherd
becoming purchaser. But the confiseation.
by express terms in the sentence, as we'll as in
the joint resolution of 18th Of July, 1862 ex-
planatory OF the condscation law of the same
date was confined to the "right title, interest,
and estate OF said A. Y. p. 8arnett for and
during his hfe," dc. The proceedings OF con-
fiscation were conducted without reference to
this mortgage or debt.
The object of the complainant now is to have
this debt and deed OF trust satisfied ont of the
estate which was conveyed for the purpose of
securing such payment.
Several important questions are involved
1st. How far the estate which has passed in
entirety to the trustees, is divisible, ap-
propriate exclusively either the fee or the life
Interest 70 the payment of this mortgage.
I'd. II divisibie, which part of the estate
should be exclusively, or in preference, charged
with this incumbrancs
Sd. BY what rule shall the relative value Of
the life interest and the inheritance be dis
eliminated
In view of such questions, the court on the
1ith ult, directed the auditor to report what
membranes were on the property at the
time of the sale of the life interest Of Gnrnett
and what, at the time of the said sale, was the
value of said life estate as compared with the
Inheritance.
The report Of the learned auditor is replete
with interest and instruction.
1t appears that the first step toward solu-
ton of such question Is to commute the net
income arising from the estate, for period
corresponding with the life OF the holder, such
an aggregate sum being the proper measure Of
value of q life estate. But the question is, BY
what rule of calculation shall the length OF
q life De estinated7 It is obvious that the CHI
mate, condition and all constant causes, oper-
alive in a country or dis trict, would require to
be taken into account; but as these differ, so
ought the rule. Under the Maryland rule,
which was framed by the Chancsry Court sixty
years ago, and affirmed by the Court OF APP
peals OF that State, the tenant for life Is al
lowed three times the proportion of the dover
interest Of the widow. In the District OF 90
lumbia this rule has always prevailed, mod
ifed, in some degree, by the discretion OF the
court; applied to the particular circumstances
Of each case, The full estate in this case the
auditor estimates as worth $4,000. of which
the life interest, under the Maryland rule.
should be 1850. This sold to Shepherd, as
heretofore mentioned, for $500 out OF which
after commissions, &c, deducted, there remains
about S2,63i B. Dr.. Garnett is about d5 years
old, OF good health and constitution, as tar as
known. Twenty years OF life Is usually
allotted person thus circumstanced. But the
audior, after citing all the rules OF estima alton
tonehinp the point, with great patience and
learning, suffi GENTLY indicates the great ne
elect of this subject while the resources OF
40 ample and so useful in the adjustment Of
averages in most of the departments where
they are necessary. The case will come up
shortly for hearing.
THE TREASURY HoMIoIDE.-Mary Harris,
the young woman who shot A. J. Burroughs
in the Treasury Department Building Monday
week, is as comfortably provided for in Jail as
possible. the warden of the Jail Mr. BeaIe)
having fitted up room for her in the second
story. She Is much more composed now than
when she was frst arrested, and spends con.
siderable time in reading and walks the room
occasionally.
There seems to be a great deal OF sympathy
for her In the community, and numbers WISH
the iaiI daily for the purpose of seeing her. bu,
none are allowed TO visit her for the sake OIL
satisfying idle curiosity. Refreshments are
daily sent her by different parties, and also
letters expressive of sympathy, offers OF aid
&c.
Mr. w Y. Fendall, of this city, has been re.
tanned as her counsel and additional counsel
will also be engaged by her friends, and among
others mentioned in this connection are Hon
ID. W. VOORHEES, and Senator Browning.
CHARGE OF HIGHWAY ROBBERY AND LAR
CENY.-Tuesday night Officer Holbrook arrest
ed John Drilling upon q charge OF highway
robbery, and carried him before Justice Bos
we'll 1t appears in evidence that Drilling
keeps n restaurant corner 10th and Il streets
and George L.. Carl, a soldier, went there will
SlGO in his pocket He spent about fifteen dol
lars and started &c 60 to Williams hotel to SCI
the restaurant and was seized with ft OF Low.
Tor the soldier and Rugged him, and during
this display of affection he took the soldiers
pocket book and money and ran on. Drilling
was held in $500 bail for court. Drilling ther
charged Carl with stealing two coats from hi
restaurant, and said that he followed anC
seiZrd Carl TO recover the coats, and neve
touched the money. Carl was also held in 800
bail for court.
Growers THEATRE Another very brillian
xyaa in haro ct niuhf 4,