The national Republican., 1867-07-08
@atiuual &spnblitau.
THE C0uRTA.

ORPHANS CouRr-Judge PurceH.-0n
Saturday the court adjourned at noon.
Aftsr the admission Of the aooounts Of several
guardians, 90, Father Walter appeared with
the aoidin children, and the judge pronounced
the opinion Of the court In the case. The court
..id .sas At The time .h. su.rdis..hip Wa y.s
granted II was done In perfect accordance with
the law, and TO most worthy gentleman. The
petition had declared that the guardianship was
granted under . Misunderstanding. The eyi-
denos had not shown this 70 be the case. The
fear lately expressed by counsel that the chill
dren might become Catholics did not seem 70
have affected the petitioner, for she had, Of her
own accord, sent them to school to the Sisters
Of Charity The children must have . guar
dian-s respectable and capable one; and the
court saw ne reason, In view Of all the facts, to
reverse Its former decision. Tho children were
therefore left in the care Of Father Walter.
The court then took up the motion Of certain
beirs Of the late Mrs Grearsop, Of aeorgstown,
to revoke the probate Of the will Of Mrs. Grcar-
son, and the lsttsrs testamentary thereon granted
TO Mrs Mary J. Barrett. Mr.. Davidge read the
petition Of the two brothers Of the deceased, and
tho husband Of Q deceased sistsr. setting forth
that the deceased made will In February last,
and codoil thereto on the 10th OF April, BY
which she divided the bulk Of her estate, said TO
be Of the value Of $3.50, 900, to her niece, Mary
]. Barrett, also making her executrix; that Mrs.
Grearson died on the I'd Of May last, and that
her will was probatsd on the 7th Of Nay, and
letters testamentary issued on the 11th Of May
the personal estate being about 500, 900, and the
bond given but IS, 900, and only conditioned 70
pay the debts and iegacies, and giving no secu.
Tity to tho heirs; that Mrs. Grearson was 81
years Of age, and was, at the time Of making her
will, Of imbecile and unsound mind, living with
and under the undue influence and control Of
Mrs. N. J. Barrett and her husband, E. B. Bar
rstt, 90 that their power over her was over
wesning; and that without the FREQ will Of the
deceased the bequests were fraudulently pro.
cured.
The answer Of Mrs Barrett and her husband,
road BY Mr.. Jones, denies all fraud; afirms that
the deceased did not live with them, but that
they lived with her; that Mrs. Pearson was not
unsound Of mind, but Of sound and dsposing
mind and memory, and was not at all controlled
BY the defendants.
The case was argued by Mr.. Davidge for the
petitioners, and BY Mr.. Cox and Judge Dunlop
for the respondents.
The argument was not concluded at 3 o'clock,
when the court adjourned until Tuesday noon.
EQuIrY CoURr-Chief Justice CARTIER
The court met on Saturday at IL o'clock and
considered the following cases:
$50. VIM. Q. Gunton ct al, VS.. Mock. Motion
70 set aside the report Of the auditor and permit
the defendant 10 amend his bill. II was alleged
In support Of this motion that the defendant
since fling his answer had discovered In the
Post Once Department vouchers showing larger
credits than he supposed himself entitled to at
the time Of fling his original answer. The mo.
tion to set aside and leave to amend were granted
S76 Strouse vs. Webb. A rule against W. d.
Webb to show cause why he should not pay into
court the proceeds Of tho sale Of certain personal
estate Of W. d. Rullman was taken up, and Mr..
Webb, for cause, showed that he was the trustee
In decd securing to certain creditors Of Rull.
man the sum Of $4,O4s.07i that Rullman had
delivered to him the property, and II had been
sold under his direction, and that the proceeds,
-, 81, were not sufficient to pay the secured
debts. II was oontendsd that the deed In quss-
tion was for q usurious consideration, but the
court thought that an outside party could not
attack the deed on that account. The motion
was dismissed and rule dissolved.
No. 94s. Waite vs. Drury. Terence Drury
was appointed guardian Of the interest Of his
children in this suit.
A motion for an injunction to prevent the sale
Of certain goods Of Charles Smith, under chat
tel mortgage, to s. G. Townsend, was argued BY
Mr.. Morsell for the motion and by Mr. Miller
against 1t. 1t appeared that Smith, who kept q
bakery on the corner Of D and Tenth streets, |
while insolvent, had secured q debt Of $500, due
for -four to Townsend BY the mortgage and do
livery Of the property, which he, upon a uon-
payment Of the debt, had advertised for sale
Counsel favoring injunction contended that the
mortgage was improperly executed and was
void; and also that Smith, being insolvent, was,
under the bankrupt act, incompetent to prefer
one Of his creditors to another. Tho Court held
that the delivery Of the goods rs collateral cured
all defects in the mortgage; indeed, rendering
the mortgage unnecessary. The bankrupt act
was intended to affect only cases whore the pref
erenoe was made with view to bankruptcy, but
1t was not intended by the act to place the dill.
gent upon the same footing with the dilatory, or
TO deprive the diligent Of tho preferences which
tho law had always given him. The motion ior
injunction was oyerruled.
No. $40, Mary ]. selby vs. John W. selby.
This Is suit for divorce for deserion and adultery
Tho deposition Of Mrs. Simmons, filed In this
cause, showed that deponent was acquainted
with the parties and saw them married by Rev.
W. Woodyard about 20 years ago. They had
not lived together for 4 long time.
]. II. Wise deposes that he has known the
parties for many years; that Selby left his wife
long time ago, and now lives on Capitol Hill
with q woman named Martin, who has child
that calls selby father that 6elby was q man Of
bad character, drunken and unworthy, and de-
ponent, as an officer, had frequent cause to ar.
rest him.
mony was granted ]. ]. johnson for the COM
plainant.
No 903. Adams VS.. Carroll. Order for ap-
psAranoo Of Emma NJ. Traynor, or default.
No. 993. Joyce, ct al, vs.. Boyce, ct al. Order
for VIM. A. Bass, Cbarle' @. Godfrey, E. E.
Price, to show cause on the 9th Of July why an
injunction should not be granted In this case.
The Court then adjourned until Monday.
CRIMINAL CoURT-JUSE TERM-Chief
JuJties Cayttu.-At the opening Of the court on
Saturday morning. Mr. Darlington announced
the death Of Mr.. Justice Wayne, Of the Supreme
Court, and suggested that a committee be sp-
pointed to draft appropriate resolutions.
The Chief Justice appointed Messrs. Caring.
ton, Cushing, Pierrepont, Bradley, and Mer.
rick.
In the afternoon the commiAee reported the
following resolutions, which, after appropriate
remarks by Messrs. Cushing and Bradley, were
adopted
RssOiped, That the members Of the bar and
the officers Of this court feel with profound sensi.
bility the loss which the bench and the nation