Evening star. [volume] (Washington, D.C.) 1854-1972, 1865-01-23

VI dCkHOWieUgeQ excellence, ana cannot
Inll IN charming the most fsstidious.
SUPREME COURT, District OF CoLU MBrA-In
Equity Before Mr.. Justice Wylie. Heirs of
Eliza f. Fisher, deceased, vs.. A. Y. p. Gar.
nett ct ai.-In this case the respondent IL the
Surgeon General If the Uonfedarte army, DIR
Garnet, late of Washington, w no several years
ago executed deed OF trust or mortgage Of the
property on 9th street, in which he then resided,
as security for debt due Miss Fisher OF
$1,9CO. SHbseqently, Garnet having attached
himself to the rebellion, this property was
seized, and, on the 23d OF July, 1863, confisca-
ted by decree of the United States District
Court for this District On the 9th of Septem-
Der following 1t was sold, Alexander r. Shep..
$4,000, to whom, under q decree Of the court,
the Marshal of the District duly executed a
deed OF con =, Tine object OF the bill OF
of the proceeds realized by the United States
from the sale aforesaid to Shepherd.
The court declined to pass upon the matter
finally until report should be made by the
Auditor of the court who was directed to in
vestigate the condition of the estate, to report
what membranes are upon IL, and to est.
mate the value of the life estate of Garnett
as distinguished from the fee simple OF the
property.
with interest by the bar and litigants. Several
important questions will probably arise that
must turn upon DELEGATE legal distinctions. The
confiscation law forbids forfeiture beyond the
lite of the rebel Consequently the decree in
this and in all cases in this district condemns
sail the right, title, interest and estate of A. Y
II. Garnett in and to the said real estate for and
during the life of DIR. Garnett. When he dies
his heirs at law are instantly invested with the
title. 1t may become question whether an
umbrance charged upon the whole
estate may be satisfied out of the detached life
interest only, instead OF out of the Inheritance,
or ont OF both: Moreover, II the nited states
rogated, so that the government would stand
In the shoes of the creditor!
CHARGES OF ADMINISTERING DRUGGRD LII
QUoR AND RoBBRRY.-On the I'd uitimo, 4 SOL
Ciier, named Phillip Dennis, company ID, LIST ID.
O. volunteers, went to the house OF Delavan
Hubnell, on u street, near 13X, and there it
alleged Eubnell administered to him drugged
liquor. Dennis subsequently started to Alex
andria. where his regiment is stationed, but
stopped in lumber yard, where he fell asleep,
and when he awoke he discovered that he had
been robbed of his watch and pocket book,
containing certificate on the Treasury tor
5000 The Department was notified of the loss,
and a lookout kept for the certificate.
On Tuesday last, young man named James
Gardner, ". X. O., presented tEe certificate at
the counter OF the Treasury, and Mr.. A. g.
kept them in conversation until he could send
for Col. L. q. Baker, who, when he took charge
of them, and sent fer detectives McDevitt and
Clarvoe, to whom he turned the case over.
These officers, with their accustomed prompt
itude, Immediately set to work and arrested
Charles Donovan, alias Jersey, and Spence
i
robbery; Hubnell, the keeper Of the house for
administering drugged liquors, and Thomas
Monair, who has frequently been in the hands
OF the detectives before.
Last night, the parties were brought before
Justice Boswell, who, after hearing the evil
dence, fined Hubnell a25 for selling liquor to
soldiers, and held him to security for admins.
tering dragged liquor, held Turner to bail to
answer the charge of robbery, dismissed Tai
bert and Donovan, turned Monair over to the
superintendent who ordered him to leave the
city, and turned Gardner over to the military
authorities, with quest that they keep him
as witness.
THE ASSAULT ON JUDGE KELLEY.-On Sat.
urday afternoon, Judge Field, one OF the Lou.
Corwin as counsel, appeared before Justice
Boswell, to answer the charge OF assault and
battery on Hon. W. D. Kelley, Of Pennsyl
vania
MT Kelley was first sworn, and testified tina
while sitting ut the table in the dining room o
Willards. unconscious OF the presence OF Mr.
Field, the latter said to him, "Why do yor
keep US out in the cold; why don't you admi
us, like manl'f Witness replied, 81 have
nothing to do with admitting ing you yet, tn
fore the HouEe" Judge Field then said will
an oath, Why do you not come up to the mari
like a 3" Witness replied, in a low tone
without meaning offence. that he was sin tn,
habit of marching up to the line and after :
few words OF similar conversation, concluded
by charging ungentlemanly conduct upon Mr
Field in the presence OF ladies' Mr.. Field
then left the table, and few moments after
made an attack on the witness as he passed GU
the door OF the dining room, wounding the lat
ter in the back OF his hand with pocket-knife
Friends Of the parties then separated them, an
witness lett to get his wound dressed.
Major Harper gave the same testimony, bot
witnesses being interrupted by Mr.. Field witt
profane remarks, until finally checked afte
repeated admonltions by Justice Boswell.
After some cross examination the case va
submitted, the Justice requiring $500 bail O
mr Field Tor his appearance at court an
$1,000 to keep the peace Mr. j ohm ID. Ham
mack ensuring bail In each case.
U. :. DISTRICT COURT, DISTRICT OF CoLUM
RIA, Before Justice Wglie.-United States vs.. tn
interest of William T. Smithson In certain rea
Standardization. Mr. Smithson, a wei
known banker Of w ashlngton, was arrested 10
reasonable practices, and, after conviction il
penitentiary. He was very shortly pardons
by the President, and is now at large. Mean
time, his real estate in the District vas seized
iibelled and condemned under the confiscatiol
law. This property was covered by deeds O
trust TO secure Mr.. Smithson's creditors who
having lntervened for the protection of thei
interests In court, were In some manner over
looked. and the decree was granted on defaul
The object of the present proceeding is to hav
the decree Of confscarion rescinded, 1t not ye
having been carried into effect After som
correspondence between the District Attorne
and the Attorney General, the Executive hay
ing already ordered that the trustees SHOULD
nave possession, the District Attorney felt con
strained to consent to the motion, mainly OF
the ground that the individual whose propsrt
SoHhscdtSu W as a. the time in reach OF tn
process of court, under which circumstance
1t mas been held that the confscation act doe
not apply. NV
Decree vacated upon payment OF costs b.
the claimants. =
To BE LOOKED AFTER mornin o. abou
daybreak, man was found In an iusersihI
condition on 18th street, near Penn'a avenue
and was taken to a house on ID street by
friend. He is supposed to be laboring ma
employed in the government sta bles. The sas
was reported to the Sanitary Police, who i'm
mediately proceeded to learn the name of tn
man and the cause Of his illness, and whethe
he is properly attended
MISS LUCILLE WRsTKRN-This praat vonn