The national Republican., 1867-12-18
THE COURTS.

THE COURTS.
Cmcur corsr.-J,nge Write gro tenn This
,,lss, wm, msrforiS V. ne city q Washington.
A9s RhtpS p.Ss srasasy any. Vii Win Register Boswell
sewer, on sixth sgee, near The Rouse Of Mr DSvdse.
sss sssslSH;y ss gss'Ss ssss ~ arm ne
hsgsa URSs ss Sssu 'sSas I%orn C Sf $ g
% Y az A. iS e as BE-
Ss they no. ssS sSa va e p.y
twas Ass shown be RVf Tor tho detcudauts st tho parties
were preceding ata rapid gait aud that the lamps
The had not been concluded a the adiournmcrt
Psr sss e AsyxnsS Az SS jane. SrdS SCy 5Ts4
PehdalL Continued By consent ,,,
s SsSseS R Tho ssars % be u peod upon w Sc
appeal calendar
The IIerfOrth case viii probably tOkO UP the entire
'Rt ~ eS siosS sSpIs n. 'S5Say Sdsa{ adjourned
ORPHANS CouRT-Judge Pure67-sTEis Court
was occupied as follows ye.terdayf
D. D. Warner ty H. GsesS, Il. attorney, aled er-
VI A'''''''" LAST WILLS.
The last will q Ellen Bureh, made peeembe, siisd'
SSs; 4s IA es.s sns
them marry Il gio be sold and the proceeds divided
II TSs SiIi % a % TSS%p' Z rtlo'' made December .
The leaves his property Tend ,ir,st ns3.
and saPulh shSSp, On Mns WSa
eS R S & Pss 9a 'Ss Se "a pySS Scf
Tho win q 7. LownCs, heretofore proved. was Ad-
ma, . AcgouSTs s,,, ,,t --, -,
tOnrOy, were tsS IN course and sPprOVed
James cruestt qasil aed a. Of jaime,
4! Srgshsit, giving bond in s''oJ With O. h"des and
s.1s ss.y;s4 Y.s f .5s; Ai
W s.,oo, with C. Y. Perrie aud Susan Brayaold as
Judge Moore moyoJ ar order u Court formally dis
Soaa ~ Meb pnTis cSiieetcg n bSnSashu estste
from all liabilities therefor from tho date n the coli
Mf.. Thompson held that such order would be extra
judicial and null The approval q Dr. D. g nesGInts
ile'Isyo such as might .ub.equsntly arise in case
The ccS affGS11s Ss SSS 81 was not
10 aecordanse with the usual pLaetiec iu such cases.
'Hf adS at SR * the isSSSs authority
CRIMINAL CouRr--Judgs Olin-The following
Il Edward Mlles' (colorsd,) charged with rape np0n
nCOtrNhhh gross IN July last, IhrrlhgtOn-fhhs
Justice Walker testified as to tho arrest Of the prls
dsSd GeSF aud his statements " to the commission Of the
Ann Jackson M years old testified that she and
bchayed tglTNrds her person in very Indecent man
ner, but did not commit rape. The room was dark
paniOn, GeoTgianna. Miles threatened 10 cut their
hrSats they told, aud gave them eAndy ord 10 cents
D. 3isley testified that tho prisoner had aeknowl
edged his assault the children, but said that he
C0Vld not commit the youth oil the
The jury found rq prisoner guilty of assault only
JAIL the Judge regreiting that S law dj not permit
Ed@ard II Sssp fGs sssSa ani battery with iGtsa 70
eommtt rape, lsecond caseO mol pros was entered
George ". Mortimer and James Smith, charged With
Bayee THS GSorsato% S aud iI eSg H there
from. Csrringtcn - BrowHei 4 Wilson - PhIImore.
Mortimer was sentenced TO i've yeari, and Smith to
IN SSoT saS The
p,. AGifr Lottery 3 cAsE' ,st ,,,.r ,,,,or,
tickets ior sale GsfrlnstSn aoT.s. ksnnsdy SdSsI.
G I'd. saras va S 2
chance lottery Of ARTICLES Of value. and therc'pOn Is
Mr, Mcrsell asked the Court to instruct the jury
that II Kennedy sold cnErayings a. thelr value and
q a gift he was not guilty. The Court refused the
instruction, and the jury rctred and soon returned
verdict Of guilty: ilty:
William Henry alias William Washington, charged
with stealing horse in June last belonging 10 E. j.
Hollis Darlington Mcfarland, Case submitted to
And the Court then adjourned,
SISEF % fE motSR u sTads
as S'q al G ssy sS% fS1s s SS
No. u Marcus C. Rigg.; plaintiff in error. VS. The
No. Gf The United States eF III y Bdnr ThCmp,
Of enTy eonnty iowa ThS srSSmSut Of tRese ease
sPaaqsd & ~ % SoS%'Si n ~ az
SFfSf daf Oy Mr.
No. a. Harrison Thompson. appellant, Us. The
Ssaas aasUSa BY F0sE NJ SePRSsSSn and Gare
~ IN m SGS a he on
Justice sESsSgc DID 9S, ~ %qTPE n T the
Ss% S3.m:
claim eases IL General fremoSt department. grow
Is now PSfGrc tfis Court Sh appeal BY the Govern;
ment from the Judgment e the Court e Claims and and
sT@msn! HPpEEH' CoHais Hr 1he ella sSma E
aSTins nR& sToaHas P!s @ RI" hey %sro not aESS
within ninety days after the rendition Of the ipdg-
angc Of arpsHs BY The Court Of claims ia term time,
or by the Chief Justice in VACATION which Is essential
OF sueh 1S appSa S TRrd hay there was no @ legal
plieati9n for the allowances of appeal within such
judgments were rendered in all Of the cases affected
by the motion IN March, aud IN June aud Wlhln the
proper time, tho solicitor Of the Court Of Claims flcd
lis application in writing with tho clerk Of the Court,
but without the CONSENT tho knowledge, OF the
Court any Of the Judges for appeal, aud this was
all that he did until the rcasScmb Ing of the court, some
days after the expiration of the ninety days, at which
| application hled In the Clerks Office, and It, was
granted The court subsequently, took recess, but II
| did not make any hnal Adjournment, the December
term Of 1866 continuing until the commencement OF the
is cOntcndcd In support Of the motion, there should
have been an end O the teTm aud tho court gould not
have Tcassembcd until the hrst Monday Of December
In the present year For all purposes except the hear
| ing Of oral arguments the court was In session. aud
was ut that time, and during the entire recess engaged
In the consideration Of cases and preparing opinions for
| public announcement on Resembling, IL was as y
they had taken from day to another except
the intervening time was longer The Judges met ns
usual during this Ia their consulting room, In
the Capitol to transact any business requiring imnc-
| diAlr attention.
The appeal not having been allowed " thin the stat
utUry time, is cDntcnded that II must be dismissed,
the statute OF March, 1861, providing THAT either
pTcno Court may direct, In such appeal shall be
| takcu within ninety days after the rendition Of the
Judgment for decree - II gives the Court no power to
| extend the time for appeal or to dispense with any
rule which provides that the statute shall cease 10
run from the time tho application Is made, Another
that the order shall bC procured Of tho Court, u IN
session, or from the Chief Justice In yRCaon, is
~ in these cases. does not cnilo tho government 70
| tho hene1t uf the statute, II was neither hcd In
| term time, with the permission OF tho Court, nor
10 vacation with the pernis sion 81 the Chie Justice
spcc these appeals take the place Of the statute
where tho statute was not specially provided but 50
far As prescribed by the statute the letter thereof
trolls Should the Court grant tho motion and dismiss
a. ha IL Tn q