Evening star. [volume] (Washington, D.C.) 1854-1972, 1867-12-09
THE COURTS.


In ME- case a judgment was given against
the CITY FOR damages incurred by the plaintiff
.ailing int a d,ten rear the Treasury building.
Mr. Bradley tnen gave notice o. an appncation
Tor a ~rit OF error.
Mr.. Davidge asked leave to issue execution,
and was opposed by Mr.. Bradley.
II appeared that rhe act OF Congress sQulrss
ths writ OF error 10 be sued OUT within ten dsys
alter tse decision in order 70 operate as q su-
per- eQeas. The case was decided on The 9.th
ultino, and within ten days thereafter boad
was filed, ana the papers made on, and laid in
the clerks portfoio hut that in ia Ct the seal OF
the Court was not affi ed until last Sa' urday,
7th instant, more than ten days after the de-
cisiOn.
Mr. Davidge said tia. until the seal vas az
fixed there was no writ OF error sued out, and
consequently that as the ten days has is=ed
without writ of error. such writ would no
longer operate IS a supersedeas, and Dsnnison
Vas entitled to execution against the city OF
WashiDg ton for the payment OF the damages
awarded by the Jury As Dennison was a ren-
ant OF the aims house, and nis counsel were
satisfied THAI the writ OF error was only
neas UIe Of delay, they felt warrant 20 pushing
his remedy dae him by all the fsir means
known 10 practice.
Nr. Bradley, IT.. argued tn3t the date O. the
writ, not the line OF tie sealing, vas The true
dat in regard to which the ten days should be
recsonsd
The case was continued for farther caring
3 IS. Stern Brothers VS.. IA. Dreifus: 3l57, 5.
Berner vs.. same; 3I5.. Whit & Co. vs.. same
MCf hsTson, McLaughllA, Hins-sstlled, ca h
party pay ing us costs.
TEE CoLORED STOOLS -. TIE CITY or WASH
IsGrON.
Sayles J. Bowen e. al. trustees o. colored
schools vs.. the Mayor OF Washington. Riddle
--bTadlty.
The Supreme Court in tais case gave indg
msut for one. fifth OF the whole school fund OF
he District Ia favor OF the colored schools
The Auditor. TO whom was referred the matter
OF estimates OF what sum would be ons-ffth.
reported come Sl5,OOJ, and the court tn len gave
Judgment for s7,5O0, the portion of said $1,000
wticn has not heretof ore been paid.
Dir. Riddle, on Saturday morning, moved TO
ser This Judgment aside, with a view TO Alag
EXCEPTIONS TO the report Of the Auditor.
DIR. X. said that while the Aud tor hal based
his report on the assessment made FOR school
purposes during the year i-6j, the amount. in
fact. paid 10 the white schools, was greatly In
excess Of four ffths. He held il 10 be the in.
tentlon of the law, assigning portion OF the
fund 10 The colored schools, that such schools
snouId receive proportiona5e sum, not OF
what was assessed for given year. but of
what was actuaily paid for that year 70 the
white schools.
The Chief Justice overruleG he motion He
was compelled to act in this case. he said as a
Jurist, and not as a legislator. The law fixed
the assessment as the basis upon which the
proportion OF the fund for coiored schools
Was TO be estimated II gave them no equity TO
nave share in additional sum which the
corporation OF Washington might oyerpay nv
mistake to the white schools. He conld not
decree that the city of Washington having
overpaid ore public creditor should therefore
proportonateIy overpay another. Atthe same
time, he warned all parties that no advantage
must be taken OF this decls ion to create dis
unetion between the proportions of the public
funds given by the city to the schools OF each
class. The law OF Congress, giving each an
amount proporhona'e TO Its population, must
be fairly carried out.
T0.ddH-Schuchardt & Wells VS. Thornton
Plaintiff granted leave 10 amend
VIM. Scott vs.. Thomas higgins. Plaintiffs
death suggested and the case continued.
owen Ager vs.. Brophy & Burch. By
agreement q liam
against Brophy, without costs, and judgment
entered against the defendant, for the amount
claimed in The declaration.
VIM. Rutherford vs.. Charles Williams
Court granted appellant leave 10 appeal with.
cut payment OF costs.
Hatfield VS.. Gibbons In this case it APP.
pears that Hatfield comes into Court and re-
plevies his furniture that was taken by Mr..
Gibbons. under a deed OF trust, in which he
was Trustee. Deed was given by Hatfield to
Eastwood on money loaned. which II. claims
10 De nave been loaned on usurious interests,
replsvied Hatfield through his attorney,
Mr. Thompson. under the general plea OF not
guilty-claims that the whole transaction was
void ON account OF the usurious interest
Mr.. Hine, for defendant. objected to
any proofs showing uspry as the basis OF this
transaction, inasmu inch as the pleadings don't
claims 1t should be specially pleaded The
Court said the facts of the case had not sui.
neiently ,ranspired to give decision Oh this
point as vet. He would consent TO hear the
proof and then decide. Hine excepted 70 his
entertaining it all Testimony was then taken
In this case Evidence OF the plaintiff being
finished defence proceeded to examine their
witnesses
CRIMINAL COURT Justice Ohm. - Uoited
States VS.. William CLARK. This is a case where
pen or house for the sale OF hogs situated in
the neighborhood OF the depot of the Balti-
more and Ohio railroad, owned by Mr. CLARK
IS claimed to be common nuisance, and an
action IS brought for its abatement, as infect
Ing atmosphere, &c. A large number OF wit.
QrA nlnnA sF1f
In the Immediate m ighborhood. and they testi.
hsd TO It's cleanly condition. ana also the ab.
sence OF any malarious fevers. Several wit
nesses for the United States testified that it's
presence affected the health OF the neighbor
hood.
Mr.. Darlington said that hog pen WAS a
nuisance per Sc, and should be abated- Whar.
tons Criminal Law-and argued the cise for
short while before the Jury.
Mr.. Merrick, in reply, said this was not a
nuisance per Sc, because the language OF the
law was swtDeyard, which Is place hogs
are kept TO be tartered, while this is a SAFE
pen.
Conrad Miller wa placed on trial fer recelv.
ing stolen goods, and several witnesses were
examined. MIR Adams appeared for the de.
fence. 1t appeared that the articles were re.
ceSved from minor son OF the prosecuting
been proved. The son was about nine years
OF age, and the law limits the res possibility Of
children TO -. 1t was not supposed that
child below that age could commit q crime,
such boy be was not properly indicted I'm.
DER the instructions of the Court verdict OF
not guilty was rendered. There are two or
three other charges OF like character against
the accused.
ORPHANS Court, Judg, ParcaH-On SAT-.
uroay, Susan Bray field was appointed admin
lstratr,X &. T. A of Samuel DeEaughau: bond
S5O,G0, Alexander ii. Davis ha wing renouuced,
II was decreed that the said Davis report 10
this court. forthwith, his proceedings as col.
Iector afoI esaid; and IL is further ordered that
he deliver the assets shown 70 be In his posses
sion on settlement of said accounts. 10 the said
Susan Bray field. as administratrx e. T. A.
Letters OF administration on the pers opal es.
tate OF John Detaugbn were Issued 10 William
II. DeNaughn; bond $1,000; sureties, Henry r
zimmerman and George J.. Kirk.
In Pearson will case petitions for issues
were filed by counsel for propoundsrs OF the
will.
Susan Boteier was appointed guardian TO
the orphans OF VIM. Boteer Bold $1,000
he letters 0d cOItiJen.lsrss heretofore Issnad
10 Mary Jane HARRISON The personal estate of
Sarah Edelin, deceased, were revoked and Ter
ters issued to Edward q. Darlington. Bond
S15,0CO.
First and final accounts OF Joseph Redfarn.
ADMINISTRATOR OF Louis Nivans, deceased were
approved and passed.
EQUITY Court, Judge WyIie-Myers 81 al
vs.. Berry et al Order pro c0Bfess, against ~
La