Evening star. [volume] (Washington, D.C.) 1854-1972, 1865-06-26
LOCAL NEWS.

AN INTERESTING CAsE.-Margaret Za2poni
vs.: An 'erlcqs Zapponi; before Judge Wylie,
This cas- g, pending her application for q di.
vorce ensa ct horo, and alimony, filed her
bi'l, stanl'g and charging that the defendant
caused tkee most valuable portion Of his real
estate to be converted into money, and that he
intended TO leave this District and go to Italy
to evade tise payment of alimony, and praying
that the wiz OF ne eSeat republica ehonld issue
end Judge VVylie, at chambers ordered the
writ tcissue, commanding the Marshal to ar
rest the defendant aRd require him to give bail
In the sum OF $4,000 not to leave the District Of
Columbia until the further order Of the court,
and in de3aah of such bail to lodge the de.
fendant in the Jail OF this District, and upon
which wit he was arrested and lodged in jeil
in default of bail; and the defendant, by his
counsel, NJ: Thompson, Esq, appeared in
court and filed an answer, denying that be de-
signed "quickiy to depart from the United
States, or to leave this District before the ter
mination OF the suit for divorce, &c, and
and the defendant released, and commended
that the writ had been issued in violation OF
the act Of Congress OF % March, 1888 sec S.
1 stat, 334, which provides that no writ of
e1edt shall be granted UHless salt in equity
be commenced, and satisfactory proof shall be
made to the court or judge granting the same
from the United States" He coAtended that
this statute Wasin the nature OF penal statute,
and should be construed strictly, and that 1t
did not authorize the granting OF the writ
without satisfactory proof" that the defend
ant designed "4Nickly to, depart from the
United States" and that there was NO ssprooT
OF any such design, the mere bill Of the COM
plainant; though sworn to, not being ssproof''
In che legal sense OF that term. And he further
commended that as neither the bill nor affidavit
upon whiclthe writ was issued, charged that
the defendant designed 'squicikly to depart
from the United States, > that the writ should
be discharged upon that ground. He also read
..asTtsiss to show IN At being In the nature OF
equitable bail, 10 woul0 mot pc granted under
any circumstances that would not entitle the
marty to bail at law; and that in case of ALI
nony it could only Issue for arrears actually
due, and that IS no aHmony was due at the
time the writ was issued, it should be dis
charged, although aNmony pendente lite had
become due since his arrest, s,nd which he had
not paid and could not pas while in lail but
would be ready and wiHila to pay when re-
leased. Mr. +. was proaS ading to read other
authorizes when j Judge W being satisfied, In
terrupted, and made an order quashink the
writ and releasing the. defendant upon his
paying the temporary b limony which had be
comedue since ais asTest. John F. Ennis for
the complainant F.E .t~E4s
CRIMINAL CorRr. .Judee wysse-rhis morn.
ng, JohneDugan AMI Christopher Y. Hogan,
were found guilty Of an assault and battery
Timothy Hayes, Henry Malone, John
| Hinchey and james Hinchey were tried for an
| assault and battery, and JohR Hinchey was
| found guilty, and the others not guilty. John
| Hinchey was senten ced to pay q fine of fifty
| dollars or TO Jail for ten days. 1s@'1
| In the case OF Jeremiah Hayes and John
| pros was entered. s. ESQ EEE .eFs
Jeremiah Hayes and James Hinchey are or
| trial for similar charge . ~ 4ff.,-[