, 1865-02-28

fpnreny Ncapt John Opel; First Lieut. ].
Enelsb1eth' Second econ. tsns iesh nneary Fa'ks
Dnncnn II VIneouhaler; Second Lieut. william
0oMeeey -E--capt. Bernard Essegzr; First
Cupnlngha
THE Law COURTS,
UNITED STATES couRr.-B9ore Judge Drum
n'ond.-This court WIS not in session yesterday.
coNA1ss1oSEH's CounE.-Bstore 0. 8. Eouanis-
sioHer Aoyne.-Rchard Pendegrast and John Nc
Nh'ly, Of Peoria county, were examined late on
Saturday evening by the Commissioner upon tic
charge Of sliding desettfou. They were held to
bail in $5o0 each.
CIRCUIT CouRr.-Bgore Judge fPuN9ms-At
tue opening Of This court yesterday morning,
Judge Williams announced his decision upon tho
molten to dissolve the 1njun. ton which had been
granted in the case Of Shepherd 70. Shepherd:
and also upon the cross motion to amend the bill
Of complaint In the beginning OF his remarks,
Judge Williams suld the case vas a peculiar one
and presented features ofah uncommon character.
T. vas aEGaed BY counsel with IN intimation Of
p.Ased upon. But for tbe purpose Of deciding he
moucn Which had been argued, as tue case then
Stood he did not consider II cessary to 60 so far
been II 1e.t Pill %nsn a md s
foEth tie faets Of the case. The amended bill set
iofth great variety Ct facts material to the case
e q 9.tsEs 11d
1nterrogate the defendant on Ills oath, whether be
did not write those letters anil hold those conYer
eahons.
At the time complainant inside the decd which
The defense Claims was voluntary deed OF Fin.
he wrote letter, disclosed by answer, dated On
{as az VIII the ased isss Thts letter
Judge Willlams read the letter In ertenso, wafcI
showed that the writer was at the time much en-.
haEEaeEed = By deb.s and family diinculues, having
ing slck, Was solely dependent upon him. It dis
closed the purpose Of the deed to he to enable
hun to provide means to assist his sister and her
you to understand that hx As the corsideration
Of this deed. your good wishes, and such other
om Ee1s eaessF & Il =. s s ri
len At The eamc time with the deed, muss bo taken
as ps1t Of tho same transaction they must bo'h
be taken together as pafts OF the same deed Of
conveyance. The letter and deed must be read
and construed as one: This Il The rule Of law. Law.
Here then ia proof Of an express trust
6oMethins was said about resulting trust upon
letter and the deed together, The trust il al e1.
press one. It IL eontsnded by the defendant in
his antWer, which denies the equity Of the bill In
ind meant Us gift without coneideration1 IaS ans
clear from any trust The parties are brothera.
ana It would be strange and unreasonable thing
1ol nof y; a 70 Gke Ent OF a! the pro-
Pc pc nsa IL a, ?t1 1ol noang when itap
purpose to ralee means to assist Its sister, Thts
n,,r ,naIt bnt ~ aead M l9ea Win
With anr nnt,nc pbstexar eay ~ ne naa N ne
this fdea. The letter is a tingular onc but 1t Is
inconsistent with the defense attempted to be set
'Pi The amended bill set. m new matter ero,,,,.
,.d35s u 1sttat ~ frop %a,aa an@ sa9
,ah3s e ten5snt ro r sanit ahnw trs:
% ,o .,v ~ T. atoS hntb t sn1M 9 ean
i% @ o% ~ - ris,.o1 - - ta1,it staI
anT r. h. nsni%stad ar shnn IN 9rrjtine siIn.
60 9se p5 .eG WilIsns tsn read e letter. and .aId
Is msnifessed rns y Wrline r. M 't pf''''' u 1s'
II 1e The usual course to dissolve the Injunction
after iull answer denying the eqiiues Of
tons Of the bin IN every form. The Chancellor
would cause injustice, Of when The probable con
questions In this case trona1ed me; but enough
appears to convince me that ousht not to dis
sofye the injunction. To do this IN this c.se I
ants neht-at least i might d So. The Chaneei.
redo not by prcmature REV Of the case, put itin
the power Of either party to causc ts other IRE
parable mischief. These are the facts in the
amended bill, which, II satisfactorily proved, viii
the c. case. e. Tie Complainant hss si rcht to proye
these farts and to inerroyate the deiendauts an 10
their truth. shall, therefore, not anticipate
nave bee zone info, but leave It to he nsrte. tn
ulakc spch proof in tse case, reserying ia fInal
dispoeitiou upon it, merits until tney baye done
rnied. The cross moiion to lie an amendei lii
r. Slowed with twents DAYS to The defendsnt IN n
fle his ausxer, Counsel for complsinanE Arthnr
Wfndctt: for defendant Chaee ari lnrersoil
Enowlcs rs. Knowles. Dlyorce. This suft
which is becoming notorious, ,was again brought
up before the court yesterday: On tie 4th Of he
lid nav to bis wife, he defendunt Sa0 for aimo-
nv and counsel ices. That order be has not
obeYed. and yesterdry the court ordered his "
puree IL, himseif o ID sonempt his merniOe
fhe cause entitled John Maggie RI. Julius Rosen-
thai, admpietlator of the eftatc Of Michael Doyle,
VA t.le1 up tor t5is1 before ,ary yesterday. II
Sion, was Filled By being thrown from iii wagon.
leaving no will. Doyle was unmarried and had
Deishcf kth nor hin n all this region. The heirs
themselves raised nom the depths Of poverty to
af1ueuce- At the Tina OF his decease he WAS 1lr-
Ing With 4. n. crayiosd, xho ,l3 va married. to =
duccd note signed By Doyle for t6001, This
note Rosenthal and the heirs It Law refused to
10 S1ouehi sui. .rn
the estate The defense IL, thar the note was never
signed by Doyle, md that 1t Is 4 forgery. The
whichere. Wy il nay Terminate wili den6ilcss b
taken to The Supreme Court fur hnsl adjudication.
J. D. Bruucr r.. C. S. Bfundage and III. Van
Allen. This !; the title io htl IN chance7 aled,
ant Van Allen, 10 transfer to complainant the title
to certain hoase and lease, situated on the LOT
known o. No. 151 West fan burcn street and to
enon defendants nom selling Or dispostne Of the
came Or ne1ot1atng eoncelning said property.
The Injunction prsyed 9or vas issned.
Court VIA not IN session yesterday.
Henry WabeI e. George Rosenthal. This Is
the lt!e of oin IN c5snsefy Med IN this court
existing with defendant, In the -four and feed
bnsiDete: on MilWfukee arenne.
John Evans II. The North Chicago City Rail-
eis Of this bill nled recently In The Superior Court
II viii repsy careful pesnfal, and will tend to
give our neaders an insiGht into the manner In
which valuable railroad franchises, with theIE
This bill ects forth that complainant and others,
reeidcpts Of and oWuipc. property In Evanston
md largely interested ID the prosperity Of that
village. n fhe year 1851 petifoned the Lsgslttnre
rranted and an sct psssed eutjtied ~An Act TO in
corporate the Ch{cnr0 nnd Eyaus,nn Rafiroxd
/. Compsuy": that tbc disectors fn The safd Act
named accepted he CHARTER; and 1t meeting held,
bv.iaEs. under which, eubsconentlT. John Eyans
was elected President, James 6. Hamilton, Vice
President, Samuel 3. Chase, Secretary, and T. 6.
spd entered upon tbe d.seRsTae Of tbe
duties Of hls respectiye once: that at meetinp
| of he Board Of Directors, held on the 29th or
Anil, 1s@, Harvey b, Hnrd. Of Eyanston. Has
elected Director. il place Of 71ueh F. Dlekey re-
! President, in place Of James g. Uamiftou. re-
signed that on he sd DIV Of November. iSS2 thc
Board o, Directors caused the Fubecriptfon books
~ "nd fhe fo1,ox;nr snhs crntnma Wcrs 20 ,osJn.
Jnbn Ersne m sharas xa1 M. Fd~fr E,.t9o.
1 sharcs III M m. 1.; Hs;,xsT Hnpd a5 assras