The national Republican., 1867-11-16
THE COURTS.

SUPREME CoURr or THE DISTRICT OF CoLUx.
nA-GESsRAL TiRM -Cafsf Justice Cartier aud Jus.
The supfsms S Court closed iis general term yes.
tsrday-,hs closing session being occupied BY the
following cases
James X. II. Marshall, Of Columbia Law College
New York Henry Q. speake, Of the Perry county,
Pennsylyania, Court Of Common Pleas, were ad.
On motion Of Mr.. Foley, hessrs. Foley, Fendall,
and Philips were eommissioned 10 examine into The
qualifications Of John y. Kelly for sdmlssOn to The
rHE oLKPHASH M'GRAS LIBEL CASE.
No. $50. Francis Me0ran VS. Lewis Clsphane.
. fa.i soSi. % uR S SP hs
legged to be found In letter addressed BY Mr. Gle.
phsne to Assistant Secretary Of War, Dana in which
called on the Govsrnmsnt to cease ali dsalinss with
him; BY which alleged libel MeGran sets forth his
business was ssriously damaged, aud he suffered
material loss. In the trial Of the este below The
plaintiff had q summons to bring the letter into
court served upon the Secretary Of War. The Sec.
retary declined to produce tho letter. alleging rea-
| sons Of public policy for bis refusal Mr. Justice
olin, on that occasion, held, not however without
doubt that the seeretary's return was sufficient to
A copy Of portions Of said letter, certified BY Mr.
Dams, Assistant Secretary. was then presented In
| evidence, and was admitted as such.
The Jury thsrsupon found sverdic. Of %, 900 dam.
The defendant having excepted to the opinion Of
Judge olin admitting the statement Of Mr.. Dana as
OF on ss that q y.
letter Itself was In existence, and also having
made an exception 70 the railing that the return Of
non production Of the paper the case up 10 the
general term.
Nj. Cook argued that a, the ssors,.ry Of War had
for rea'ons Of public policy the court would moi run
denoe q the content. Of the alleged letter.
such doeunsat as he Secretary had % & H,sst hIa %
Withhold from tribunals Of public Justice; but II 1t
were thus improperly Withheld, such refusal justi-
nsd the Introduction Of the only other possible eyi.
denes Of the fact charged libel othsrwiss party
might sufer wrong, and yet be without remedy.
Ihs Chief Justice M ihousht that Mr. Bradlcy's pO.
right In refusing to brnghs letter into court, eyi.
dence Of Its contents could not be heard for reasons
S,in pasS pSs Sm.n S T,,Sps he .hSSd have
ver,ed.
the refusal OF the Secretary, tue piantd was pro.
cluded from demanding an attachment, and com.
PEELED TO produce on the only evidence possible un.
The Chief Justice did not think that ju,uasd the
settling aside Of the plain rule that secondary evi.
denee shall not be admitted when primary Is In the
Mr Justice wylls was not inclined to believe that
the refusal Of an executive ofcer to produce libel
Gus paper would nees,Saiily exclude the injured
party from hi, remedy, even though II should be
held that process did not lie 10 compel an executive
officer to produce such document
The Chief Justice held that not only In cases In
which the public safety demanded seeresy, but in
cases where communications respecting the publle
Interest were transmitted to the executive depart.
msnis eonadentlslly, the zeal Of that confidence
party who alleged himself Injured showed express
malice and falsehood in such statements
Mr. Riddle argued that the decision Of the execu.
tive officers as 10 what was matter improper 10 be
diyulged must Of necessity DO accepted BY the courts
as nnal; otherwise there could be no such thing as
aat thaa Ituln nt.N.. 81 n
The Court took the papers and held the case under
adyiSement.
70. NsaIs vs.. Ye.ls On motion Of Mr. Kennedy,
opposed by Mr. Dayidge, the bond Of the trustee In
this case was raised to %, coo, by special order
Mr. Dayidge argued that after case had been GER.
thed to general term, still all ipterooutory motions
Court ruled otherwise.
SUR AGAIEsr THE CITY.
la] Dennesson vs. The City Of Washington. This
ease comes up on exceptions to the instructions Of
the Chief Justice given the Jury the trial Of this
The defendant fell into pit near the Treasury d.
partment, lAst yeAr--auch pit being In the public
street The plaintiff eontended that the pit was in.
sulleiently bArrieaded, while the defendants affirm
that i was protected by barricade four feet high
and that the plaintiff drunk at the time Of The
accident
The exceptions tura upon the amount Of care re-
Gso The law upon he subscs ws. Sy
pAyidge for DsEnssson.
hne o'ut tooh .hs papers Ahu closed the generi
term Tor the hearipg Of causes the Chief Justice an
nouneing that hereafter, Whenever the court t. It
would eonhne itself to the delivery Of jud mous in
cases already argued.
EpLB UFoN Az ATTORNEY.
Upon the petition OF Jane B. Spencer the court
laid rule upon S. Baker, esq, to show cause why
he did rot pay over certain money reesiy by him
as an attorney Of tho court
The court then adjourned until Saturday next
EQUiTr CoURT-JWdgs WyHe-Bsfore tho
time for opening the general term, the Equity Court
was opened, and made one order.
925. Raymer ct al VS.. Manyette. Decroe confirm
Ing trustees sale Of real estate unless on be
d ed within thirty days.
The court then adjourned until Monday.
CircuIr CoURr-Chief Justice Cayiter.-This
court met yesterday without business. AdJouraed
until Monday.