Evening star. [volume] (Washington, D.C.) 1854-1972, 1867-12-19
THE COURTS.

OF
Hurforth VS. Corporation of Washington was
resumed this morning, and Messrs. Eendal. an a
bFaoley Tor defendant, continued their re-
marEs' urging that the preponderance of tes-
aInony was Ia favor of the defendant, and il
was not sufficieRt 10 snow neg lect on the part
OF the Corporation bat that the plaintiff used
due care, and the instructions OF this Oourt,
IN TINS case were, If there was not Tue care on
TIE part OF the plaiDtins. even IL there was no
hsrricsde or light, then he cannot recover: IL
The fault was partly by the neglect of plaintiff
recover. According to q d. cision o. Lord FL
lsnbcrouyh two things must occur, the OBJ.
struciion ia the road by the default of the de.
1endant, and ordinary care by the plaintiff.
CRIMINAL COURT, Justice Fisher.--Yester-
daY after or report closed, the Court in
structed the Jury in tie case of Moses Kelly
for larceny from VIM, +. Given and they
brought IN verdict of not guilty.
Io-ddy-A. j. Fitzpatrick, indicted and tried
for stealing, the property OF Nathaniel b. Fu-
gelt on the 18th day OF June last Not guilty
NOue pros. entered in the cases Of CHARLES III.
WTisnt, and VIM. b. Wombold, charged with
larceny.
Two cases agaisst Robert s. Mage, harbor
master, for ASSAULT and battery, against Chas.
Barnes At the wharf on the li,h day OF October
claimed that Mr.. Barnes has pursued q sy stem
Of persecution against Masee, ana had pub
iished and circulated libeious hand. bill said
magee was only endeavoring TO snatch away
some OF these hand bills, winch is one of the
assaults, and contended that the amimus of
said BarLes might be shown in the case.
THE POWER OF POLICE MAGISTRATES UNDER
TbE LATE LAW OF CoNsRRss.
In cur report OF the proceedings of the Grim.
mai Court yesterday we made brief mention
Of Justice Olin's decision in the case of the
United States VS.. Jas. }. Aldrch. where Mr..
Philips moved ter a new trial some time siucs
on the ground that the magistrate before whom
he was originally tried did not give him an
opportunity TO plead guilty. As the decision
no oof
magistrates under the recent act Of Congress
regulating their province, we publish II in
full, as follows:
SUPREME CeuRr, ID. c., Justice OliH.-Tnited
States rs. J. J. Aldrich.-Decem6er Term, 1851
Phillips for defendant; District Attorney for
United States. The defendant, Aldrich, was
tried and convicted. at the last term of this
court, for an assault and battery committed
upon David Fitzgerald. Prior to the trial OF
said cause the defendant flied a motion that
the coul make an order discharging the de-.
iendaLt from further ans wering the Indictment
preferred against him, and sending the cause
(party) before Justice Walter, the com hitting
magistrate, to be proceeded with according TO
law.
In support of the motion, the defendant sd
and filed with the CLERK Of this Court his own
AFFIDAVIT and that OF one Fletcher, stating, In
substance, that on the 25th of March last the
defendant was arrested for committing an
assault and battery upon one David Fitz.
gerald, and taken before Charles Walter, ESQ,
4 Justice OF the peace; that the said Charles
Walter thereupon preceded to in vestigate the
cause 10 determine whether he should hold
the defendant for appearance before this court
70 answer said charge. and that he fsaid ius-
uce) did not give the defendant an opportunity
TO plead guilty to the charge preferred against
hiH that the defendant was entirely ignorant
OF his right and privilege in the premises-the
law at that time having been recen tly passed
giving parties charged with assaults and bat.
teries the privilege Of pleading guilty before
the ustlce who issued the warrant OF arrest.
The Justice holding this court denied the
motion. ana at the request OF the defendants
counsel signed bill OF exceptions. The trial
was proceeded with. the defendant con victed
and a motion Is now made for q ne " trial The
principal ground relied upon for a new trial is
The refusal Of the Justice to grant the motion
fore Justice Walter, and thus give the defend
ant the privilege of pleading guilty before the
magistrate by whose warrant he had been ar
rested. ..s
The novelty Of this motion is somewhat dis
PEELED when the provisions Of the act of Con.
gress relied upon TO sustain IT are examined.
Section sth Of the act OF BED Of February, 1857,
chapter 60, provides uthat when any person
or persons shall be arrested on a warrant for
committing an assault, or an assault and bat
terry, or an ARRAY, issued on the complaint Of
the party injured, by any Justice Of the Peace
Of said District, or, in the case Of an ARRAY, on
he complaint Of any person who shall have
seen the same, every such person or persons
shall be taken before the Justice who issued
the warrant; or. II he he absent, or other.
wise incapable OF acting, then before the near
est other Justice In said District; and he or
they shall be admitted to plead guilty
| TO the charge preferred; and the said Justice
before whom such plea may be pleaded shall
have power ard he Is hereby authorized
10 assess such fine or penalty as is authorized
by law, and enter judgment therefor against
the persons SO pleading guilty and for costs,
and Tissue execution thereon as in civil cases
| From careful perusal of the an davit filed on
tn is motion, infer that the grounds of COM
| paint on the part of the defendant consists In
! the fact, that he was ignorant of the statute
| provision 1 have quoted, rather than the jas-
Il Az@ow 1FnxvS hor
| any Unstable TO his purposes or intentions, and
| that had he been aware OF the provision OF the
| statute quoted, he would have pleaded guilty,
| aud that II Is the duty OF the inquiring mags.
| trate TO have informed him OF the existence of
| this statute. think 10 error was committed
| by Mr.. Justice Wylie, who oyerruled the mo-
| ton Of the defendant BY the act referred to
| NO duty IL imposed upon the justice who iss q ss
| a warrant in criminal cases, TO inform any
person brought before him, thus leave is gwen
| Dy law ts pleadlguilty IN all cases of assaults
| and batteries ARRAYS, &c. IGNORANCE of the
law excuses no on one" Think this m AKIN
has appropriate application to the present
case. The defendant having been convicted
by the verdict OF the jury, was liable to be
fned or imprisoned, or both In the discretion
Of toe presiding justice. II he could not
pay The fine imposed, the natural and neces-
| the Jail. The defendant having been con victed
In this court, doubtless looked back to the be-
nign provisions OF this statute, inviting him
TO plead guilty, and allowing the magistrate 70
assess such fine or penalty az is auth orized by
Jaw, ano enter Judgment therefor, and issue
| execution as in civn cases." 40
The defendant quite possibly belongs to tina,
| numerous class of offenders against whom an
"exeeutien issued as in civil cases would be
| less harmless than an advertisement In q
newspaper. Having no goods or ehattels
wherein a levy might be made, he might well
| plead guilty, leave the justice to assess such
| fine as be saw fit, walk out OF court at peace
| with the com plainant, the justice, the consta.
| BILE or bailid, and the rest of mankind.
| But this Is by no means all the privileges
that the defendant lost by his ignorance of the
| provisions of this act OF Congress. Ii ne hap.
| pened to be possessed of goods and chattels
| against which execution might issue, as IN
civil cases, and was 1ftle dstrustful thai
the magistrate to whom the complainant
applied for a warrant might, upon a plea
Of guilty impose q fne OF incoHvenien'
amount. He had only, by the provisions OF the
Atm section Of the act before mentioned, to fiie
! an affidavit before the justice who issued the
| warrant, that ne, the defendant, 'sdid not be
lieve the said justice would give him faiI
| and impartial trial on account of prejudice 81
| other reasonable cause" and thereupon tht
lnstice II ousted Of Jurisdictton, and the cause
| must 70 before come other magistrate.
In looking at this statute, It really seems de-
signed as q houee Of refuge for All persons WIZ
/ wish 10 am use themselves With riots, assaults
and batteries, especially ~ fully nine -tenthl
l OF all Offenders IN such cases have nothtnl
| against which an s-execution, issued AZ in clvi
| cases." would not be mere tratem fnLmen.