The national Republican., 1867-02-15
The Courts.
SUPREME CoURr OF THE UNITED STATES

SUPREME CoURT OF THE UNITED STATES
THURSDAY, February II, 1857.
On motion Of Mr.. Merrick, B. H. Epperson, Esq Z,
Of Texas was admitted an attorney and counsellor
Of this court.
On motion of Mr.. Sherwood, c. b. sabin, Esq, Of
Texas, was admitted an attorney and counsellor Of
this court
On motion Of Mr. Reyerdy johnson, Joseph E.
Brown Esq, and Dawson A. Walker, Esq, Of
Georgia, were admitted attorneys aud oounsellors
Of this court.
No. 1856. VIM. +. Purcell, appellant, VS.. James
Coleman, ct al. The argument Of this cause was
commenced by Mr. Merrick, Of counsel for the ap.
pellant; continued by Mr. Miner Of counsel for the
appellee; and concluded by Mr.. Brent, of counsel
for the appellant
Adjourned until tomorrow at II O'Clock.
Promissory Note Gaming COnsidsration-
Rights of Innocent Holder IN Such Cases-Gen.
BoVies "PropensitsJ" under certain Circumstances
and LpRHenees-Miehaei Thompson, Plaintiff ia
Error, Us. Thomas r. Boicrs.-The defendant in
this action is the Hon. Thomas Il. Bowie, late q
member Of Congress from Maryland, and the ac.
tion is upon three promissory notes made by him
January l. 1857 for 900 each, payable In thirty,
sixty and ninety days The defence was that the
notes were founded on gaming consideration, and
therefore void absolutely, and not merely yodable.
The plaintiff upon the trial proved the signature
of Bowie and Of one Francis Stocr the payse (who
had endorsed to the plaintiff and rested his case.
The defendant theroupon offered to prove certain
facts tending to show circumstantially that the
notes were founded upon gaming considerations,
to all Of which the plaintiff objected contending
that the existence of either of the facts sought to
be established did not affect tho case, and was in
fact, wholly irrelevant and immaterial The facts
offered to be proven were, In their order, as follows
the defendant being unable, by direct evidence, to
prove his defence
That at the date Of the notes Steers, the payee,
was the keeper Of gambling house in Washington
city; that Steers was at that timo engaged In no
other business than that Of keeping q gambling
house, to the knowledge of the witnesses, and had
property to their knowledge that the defendant
was at a social entertainment on tke night Of the
3lst Of December, 1856, and became grossly intoxi
oated-sottedj in the opinion Of tho witnesses he
was unfit to transact business and that he re-
manned in that condition when he left the place Of
entertainment with the other guests, between the
hours of one and two o'clock in the morning Of
January l, 1857; and also, that the body of the
notes was in the handwriting of one John r.
James, who was gambler by profession, frequent
ing the house Of Steer and other houses Of like
character that another note was given by the de-
fendant on that date, payable to John Campbell,
and endorsed by him to one Johnson and that
Campbell was dealer for Steers.
The defendant offered to prove by Robert Bowie,
bis brother, that whenever he was under the inhu.
ence Of liquor ho had q propensity 10 gamblei and
that frequently, when thus excited, he had desired
| tho witness TO accompany him to gambling houses
lary to the introduction Of the note given to Camp
bell, and to the evidence rs to tho propensity Of
tho defendant to gamble whom under the influence
of liquor. The objections were overruled AM the
| evidence admitted.
Robert Bowie testified that the defendant was a
man Of wealth, and also, that the signature the
note was in his usual handwriting, or something
like 1t.
The court refused to instruct the jury as prayed
by plaintiff, except in one instance. and then but
partially.
The verdict was for the defendant. The plaintiff
appealed, relying upon his exceptions and the re.
lection Of his prayers, which covered the same
grounds. The trial was in the Supreme Court oi
the District Of Columbia.
1t is now contended that it was error to admit
| the evidence as defendants propensity to gamble
whom that twas error to admit evidence
that the payee Of the note kept gambling house not
coupled with an offer to show that the defendant
visited the house the date of the notes. that II
error to allow the note to Campbell to be read
In evidence on proving that he frequented Steer,
house and assisted him In gamblingi that there
was in refusing to instruct tho jury that the
evidence did not prove gaming confederation, ever
though there was error In admitting the evidence
The plaintiff stood in court as bona fde pur
chaser OF a negotiable security with every presump
tiOn in his favor, and violation of law cannot B,
presumed.
The defendant contends on the main point tina
the note was absolutely void, aJ iRitio and tha
the right Of the plaintiff to recover did not depend
upon the question Of notice to him as to the natur
Of the consideration The notes being absolutel,
void, could not receive new life or efficiency from
the hands Of an innocent holder.
Brent Merrick for plaintiff in error. W. S
Cox and S. S. Phillips for defendant.
CRIMINAL CoURT - Judge Fisher. Til,
case Of Thomas Rye alias Thomas Ryan, indicted
for assault and battery with intent to kill, was re
sumed The case was ably argued by the Distric
Attorney for the Government, and Smithers for th
defence. After celebrating for half an hour tn
jury returned with verdict of guilty as to the as
sault and battery, but not with the intent to kill
His Honor, in few remarks, Admonished tho pris
oner as to his future conduct and sentenced him Il
pay fine Of 81 and to be imprisoned in the com
mon Jail for the period Of two months.
In the case Of Susan Blackwell, indicted for lar
eeny, a nOLs prOseqWi was entered by the Distric
Attorney.
The case of Benjamin F. Beyeridge indicted 70
assault and battery on U. II. Painter, at the Capi
| nj In Jnl- Iaaf 10 h. Ia