Evening star. [volume] (Washington, D.C.) 1854-1972, 1865-12-28

pePer this morning. y y" 'hr
pd IEE cAsk or TIE PROPERTY CLERK or g,
IoLlCE-lt viii be recollected that \ f.,, a.. ~
since rule was laid upon Mr. Georee u IT,N
,ick, Property Clerk Of the MetropoIiisn p,
hCe, 10 snow cause why an attachment sho,,I.
, NOV sue Tor contempt OF court in retusnC
70 obey an order OF the court directinr hin =,
pay over TO the National Bank of C,ommar,.
vi l1eorgetown, and Messrs Smart A a.
b ysrtaIn sums of money taken from DanT MI,
III, me confidence man, At the time OF his 81
resi- by the detective officers for sw,nd,,n
.nose banks. Mr.. Herrick appeared IN ansyaS
. IuIe on saturday, but one of the conn..i
noned 10 IN. me bearing OF the case was post
PSx " snIs morning when IL was heard in
enamoers 6y Judge wylie. who issued the
ol,sIhaI or9er TO pay over the money
t,iert etaVe5 M NM, appeared for the Property
any order made by the Court wy
Mr.. Mattingly, for the OHIO Valley RAINY q,
Sprlngneld' OHIO, said that ne had moved IN
quash the order OF the Court, first because an.
order was improperly given, the prisoner n,
having been convicted or discharged: and b.
cause there was already an attachment ON ,
judgment for SS.00O on the money
Mr.. Robert Leech, who appeared with NJ
Enoch Totten as counsel for Milton Whitne,
OF Baltimore, to whom Miller had made an A.,
slgnment of the money in the hands OF the po
lice, said that he had also moved 10 uuash IN
order, because the Court had no control OF IA.
money, and because of the assignment made by
Miller, which was previous TO the attachment
H.
make any disposition Of the money
Mr.. j, III. Bradley, Jr-, for the claimants here
SAID ne mao satisfactory proof that Sl.675 of the
money belonged 10 the parties here and pro-
ceeded TO detail the manner OF NJ iller operating
In this vicinity and the manner OF his arrest
(Which appeared in the Stdr,) at the time The
man had informed the detectives that sI,OOO
belonged TO the National Bank of Commer--
and s675 to Stuart Il Co There had been n,
Indictment found against Miller and he had
passed beyond the jurisdiction OF the Com,
as N M
TO order the Property Clerk TO pay over tbs
money TO the owners, which he contentied a.
had q
Mr.. Totten argued that the claimant. sbor,,
e able 10 identify the money they claim a
their own. The law provides when A iust,r,
y satisfied that the party accused is innocent
ne snail order the property TO be- turned over
TO the rightful owner when be produces sat,.
factory proof of ownership.
Judge Nylie said that IL was clear that ,ba
prisoner obtained the money by false ,ra
tences-Sl,uNO from the Bank of Commerce spt
S6s5 from Stuart d Co. The ownership 81 IN
money had never been changed. and althougb
III me possession OF the prisoner, it was the
property OF the Bankers, as much as N n b,b
renamed an their Golfers. The man stated land
ne had before him the affidavit Of Detpctiya
helly 10 the facD that Sl.675 belonged 70 thr
Banks. II was the proceeds of crime ana a.
| such the Court had authority TO order the pay
rnent OF the monies to the rightfuI owners II
was true that the man had neither been soon
Nlcteu or discharged but had been sent he
yond the jurisdiction of the Court on a requi,i
ton which was in effect. as far as this Court
was concerned. discharge. Although A.
tachments had been levied, they were by
creditors, and not by claimants or owners Of
the property, and the Court cannot permit
creditors TO step IN before the rghtfuI owners
Inc order, In the opinion Of the Court, was
properly made.
As to the rule he believed the Property Clerk
had acted conscientiously, and would DISMISS
the rule
Judge Wylie thereupon entered his ruIinrs
NJ he
pay the National Bank of Commerce I,nal
and Messrs. Stuart & Co S675 dismissIng the
rule without COSTS, and overrulng the motions
In answer to a question, Judge wyIia said
mat the duty of the Clerk was to obey the
order of the Court and the order of the Courf
would he good defense in a suit
The counsel for the Ohio bank and Milton
whitney also prayed an appeal; which was
CRIMINAL COURT. Jili7e E.shsr-lAssistant
District Attorney Wilson prosecuting Yes.
terday, VIM. Robinson was found guiItv %
larceny, and sentenced to the Albany peniten-
nary for one year. Davis for defense.
Mlchael Scott was found guilty Of larceny.
On motion of Mr. Wilson Edward St Chair
was admitted 10 the bar
Ibis morning, District Attorney Darlington
prosecuting John Kerns, indicted for larceny,
plead guilty.
Wn. Harrison, indicted for receiving stolen
property, was found not guilty. Day for de-
fpnse-
John Henry, indicted for larceny, plead
guilty.
In the case of Leon Dupan, indicted for lar
ceny, nOlle pros was entered.
Mark Welcome, indicted for larceny, was
convicted. Davis for defense.
VIM. Butler and Frank Jones, indicted for
larceny, was found guilty of petty larceny.
Day for defense.
kdolph Grotto, indicted for stealing a horse,
was convicted. Gooding for defense.
Saml, Price and stephen Hopkins, indicted
for larceny, were found guilty Of petty larceny.
Monroe and Morgan for defense.
TIE SUFFRAGE VOTE IN GEoRGETOwN.-
The vote progressed quietly in all the precincts
Up TO $50 p m, when the vote, as far as could
be ascertaned stood as follows:
First Precinct-For negro suffrage, none;
against it. 107 votes.
Second Precinct-For suffrage, none; against
Third Precinct-For suffrage L; against 1t,
Fourth Precinct-For suffrage, none; agains,
IL, Ill.
The only vote cast for suffrage was by
young man who was intoxicated, and who
afterwards tried hard to withdraw his ballot,
and failing 10 do so. endeavored to get permis-
son TO 90 before a magistrate and swear that
be did not know what he was doing in 90
voting. The Republicans are quite generally
voting against negro suffrage.
CENTRAL GUARDHoUsE CAsHs.-Jas. Wild
man, creating nuisance: 80. Sarah Roe, disor-
derby; workhouse. George White and james
Lowe, grand larceny; for bearing. Hugh
Green. dIsorderly: workhouse. John T. =
Schuyler, do; sent TO marine barrack.
~
Affairs in Georgetown.
The NoTING-To-day the polls are opened
and the judges Of election are receiving the
votes Of the citizens on the question of negro
suffrage. Many of the citizens careless
about voting, believing that II is determined in
Congress to force this bill through in spite OF
all the circumstances that can be made. All
is quiet at the polls.
The CANAL.-The water has been drawn on
from this level, and the boats are lying in the
mud. OF course this suspends all the ordinary
business along the canal The mills have en-
tirely suspended operations, and the workmen
at the derricks of the coal docks have migrated
70 other lncalities The cleansing Of The .anA-