Evening star. [volume] (Washington, D.C.) 1854-1972, 1866-06-21
LOCAL NEWS.

CouKT.Jba9e DiE.-TnIs morning, the trial OF
ih- tase of Francis McGhan against Lewis
r., ior The plaintiff, having yesterday closed
ht- arsuoent-
MIR. Cook. ror the defendant. commenced his
argument, quoting LrIbig's Political Economy,
Part III, page os.- 10 show the responsibility of
The jurors. who In a case represent the country
The Jurors must exclude all which is not evil
denee. and form their conclusions from the
evidence alone What, IL m this casa a Iit,eI
which in Broum's Common Law is defnex as
malicious defamation of character and this is
taken as the common meaning There are two
classes OF what are called privileged eommu-
nicaiicns, one absolute and the other copdi-
tional. and he quoted Starke on SANDER page
125, and I'd Bowers institutes. paragraph .35I
After Quofisg several authorities to show what
was privileged communication, he said IL
does Lot follow that communication contain
ing what Ii IA lse he there fore libelious IL must
be shown that there was malice. There is a
difference between what are termed iibellous
communications and those made from q sense
OF duty.
He proceeded TO read from 9th Graves. y. o..
that party could not ne subjected 10 damages
for libel il the communication was called for
by the exigencies of The time, and many other
authorities on the same point. IL was Ia an
hour VIXEN banner of blue and stars which
had never gone down to foreign power, had
been assailfd, that the communication was
made; and in such a case. any communication
OF The kind, IL made without malice, was a
privileged one. 1t was true that the reputa-
ii q.
may De sometimes furnished. Did the exist
ence OF the rebellion furnish an occasion for
the citizens Of the District To go the Govern
mept with information concerning those who
sympathized with the rebellion. and il was the
duty OF all loyal citizens 10 make known TO
the Government departments their suspicious
aga INST persons whose reputation for LOYALTY
they doubled He quoted the treason act of
1.9u. and cantended that that law required the
defendant and every other loyal citizen TO dis
close what information OF which he was in
possession. He lad that information from
various persons. To sustain this action the
proof must be furnished showing malice in
faef-ill Will, envy, spite, or bad motive; and
he argp"d that none had been shown. He
argued that the purpose of the defendant was
to promote the welfare of the Government
and not for the purpose of personal in Jury, as
WIS shown by the letter of Mr. CIephaue
Introduced by the plaintiff. Mr.. Cook then pro-
creded toreview the evidence 10 sho " that there
was some grounds for the defendant taking
the action he did. He read from the journal
Of the Continental Congress in the reyoIu-
tonary war extracts from the laws and reso-
inuons in relation 10 suspicious persons. and
the old laws of Virginia on the same subject,
contending that the defendant was acting
nnder The spirit OF these laws. The American
Congress IT that time declared that reason
atie suspicion was ample grounds for arrest
the declaration is that dollars and cents do
not go into his pockets; it does not complain
otany damage by reason of the charge of dis
loyalty but the damage done his business
Then, too, he does not allege damage in his
business, AZ a partner in the firm of Myer5 d
MEG han. He contends for damages for. all he
might have made during the suspension
The bids We're filed weekly and consequently
IL cannot be said that there was any assurance
that The Government would continue to pur-
chase material Tor more than week They
claim ten thousand damages, when the
amount purchased during the suspension
WIS s20.0o0, and Mr.. shepherd swears that
The amount furnished by Thompson & Go.
was $1,000. on which the profits were ! per
cert. The profits they should take into con-
sideration and not the W hole amount furnished
In conclusion he cited several authorities ia
support OF his argument, closing At o'clock.
CRIMINAL Court, Judge Carfter-On Tues
DAY Arthur Hays plead guilty 10 a charge OF
larceny. and was sentenced to two years in the
penitentary, and in a second similar case he
also plead guilty, and was sentenced to anoth-
er year.
John Dorsey alias Chas. Steir, indicted for
larceny. was convicted and sentenced to one
year In the penitentiary. In second case for
assault and resisting an officer, aolle pros was
entered
Edward Hammond. indicted for an attempt
AZ arson, was found guilty and sentenced to
one year in the penitentiary. GoOding for de-
fense.
Thos. Borland, indicted for an assault and
battery, was convicted and sentenced to pay
fine of SIS, or TO stand committed TO iaII ntiI
the fine be paid. GoOding for defense
n the case OF w. II. Gray alias W. H Munk
indicted for an assault with intent TO Kill, q
Isabella Simms, indicted for larceny. was
found not guilty..
In the cases Of Nelson Hasker, Henry Belle.
my and Thomas Moreland, indicted for larce-
ceny, a nctte pros was entered.
Richard Medley, indicted for larceny was
of $40.
Yesterday, Gilbert Winfield. indicted for
larceny, was found guilty, but being small
boy, the Court ordered his discharge.
In The case of Samuel Morris. a small boy
indicted for an assault and battery, a noite pros
John Hopkins. indicted for larceny, was
convicted, and sentenced to one year in the
penitentiary.
Alcey, alias Alice Williams. was convicted
OF larceny, and sentenced to the penitentiary
for one year.
James Williams, indicted for larceny, was
convicted, and sentenced to two years IN the
Lewis Hill, indicted with Nelson Fisher for
larceny, WAS found guilty, and sentenced 10
TWO years in the penit-ntiary.
Charles Ellis, alias Carter, indicted for lar.
csny. was convicted, and sentenced TO one
year in ibe penitentiary.
In the case of r. Nicholson, indicted for
keeping gaming cable, q noUe pros as en-.
tefsd: as Also IN the case OF James Mountcure,
This morning, Chas. Putnam, indicted with
Hpo. Littieiord Tor larceny. plead guilty, and
was sentenced to the penite ntiary for one year
IL The cases OF Warren Scotland. Lewis
Douglas. Thcs. Reynolds and Benz Ninsou
me t"o last being small boys. q nude pros. was
en;rred
VIM. Laviere. indicted for larceny, was found
guilty and sentenced 10 two years in the peni.
tan'rary
Lizzie Smith. indicted for keeping bawdy
house. was rriei and acquitted of keeping q
oaNdy hcus-. aud con yicteG as 10 Keeping a
cifordrriy houss, and WAS sentenced 10 paw a
fne Of Slta.
PhiIi,, Carriean. Indicted for the ,arcauv of
'rses, was icui<d hot guilty. Bradley, jr., for
ss-iGESe.
Sonuy Stewart alias Lloyd Stewart. indicted
sentenced To Iail Tor thirty days.
THE PRIZE FleHT ARR az
terh"Jn Justice Morseli, of The Secoud Ward
.asd the evidence against Chas. Pitts and
n Grier or the prize fight party, and fined
-sch S2o 1or carrying weapons. Justice
Thompson, of the Third Ward, lave a hearing
la those in that station. Vim, Rilet was fined
s2b for carrying weapon: Cbas bowers was
ordered TO leave tae city and be escorted to the