Evening star. [volume] (Washington, D.C.) 1854-1972, 1867-08-03

ing to defraud Armstead Li6urn, colored, on
Of lis property, was given before Justic,
walter. as follows:
interview with McHugh at the latter's house
owed him $50: was asked by him to sign pa
per; he saying that II any thing should happeI
be tMcnngh) could show the amount due
Kean called several times on him to ask hin
to sign the paper, but he refused. Finally
however, he did sign the paper, bv making hi.
mark in the presence of both. KeAn ALLEGED
thai :. witness could pay IN nine or ten months
was never read to him. and it was not ex
planned to him as deed Witness had never
been presented with q note demanding tht
money. After he returned 10 the city, two
weeks ago, he called on McHugh and rendered
the money-S3Hwhen McHugh said that ht
would not take five times the amount, OF
twenty times, brandishing huge bacon knife
Witness said that le did not want any fuss
and left, when McHugh said that he would
nave possession OF the property before Mon
day night.
Mr. ". G. Flood. Deputy Register OF Wills
office, on which is a copy Of deed of trus
purporung to be executed bv Liburn.
A. Liburn was recalled, and testified that g.
the time the deed is said to have been executed
be had no deed from Mr.. Mattngly
CToss-eXamined-Wit touched the per
twice, once in McHugh's house, and once in
magistrates ONCE. When he slgr d the
paper it was understood that he would pay
the $50 within three or four months after he
got to work. Kean told him to go to the office
to sign the paper that he owed $50, and when
be got there 1t was 800. kean, however
struck off the $40 extra.
by Mr.. Adams.-Witness had not received
any OF the proceeds OF the sale. Never ap-
pointed Mr.. Kean or consented for him to &C,
as trustee. Kean was present at Uallan's
By Mr. Kean.-How long has It been since
your wife had you arrested for attempting to
kill her. Ruled ont:
By the eJus'ice.-Witness had met Mr.. Kean
about year since.
". b. Williams sworn-Witness was the
auetioneer by whom the property was sold,
onoer the deed Of trust. Both the accused
were present at the sale: they told him the debt
was S5c, and TO let it go for enough to cover
the debt and the expenses OF the sale-SlOO.
Kean SAID that McHugh would buy ii, and the
later asked him not to dwell long on 1t: would
Judge the auction value OF the property to be
$1,000; at the first sale the properly was
knocke down to colored woman, who said
she was the compiainant's wife, at $3.50 and
McHugh asked him not to take her bid. She
attempted to get the amount Of deposit but
failed. and he again put It up, when McHugh
bought IT at $3.50.
By Mr.. Hine.-Witnees heard Mr.. Kean say
that it mnst sell for Si0J to cover debts and ex.
penses. He did nothing at the sale except
when he told him not to take the woman's bid
The prosecution here closed, and Mr. Hine
state d that IL was hardly necessary to call any
witnesses
q
would be continued so that there could be q
complete hearing, and he wished to show that
there was nothing whatever in the case com.
promising his character.
The case was continued to this morning.
TO-DAY.
This morning, further examination Of the
case was held at Justice Walters Office when
Mr. Norris appeared In connection with Mr..
John 7homcs S, colored. was sworn. and testi.
fed that Lihurn lived on K street: that he saw
him month or two stree, and had conyer.
sation with him about the sale OF his proper
ty. He sald that Trey (McHugh and NC Kean)
bad his property tor sale at the time He LETT
for the country next day.
Cross.examinsd ed BY Mr: Adams:-A police
Hugh said that he wanted hlm to tell the
truth. 1t was on Sunday when he had the
con versation with Librun, but did not reeol-
Iect What month it was.
Priscilla TtOmus. .sworn.-Witness heard Lii
burn say that McHugh had no business TO sell
the property, and he was going TO get after
McHugh about It. Heard him talking to Nc
Hugh afterwards
Henry Brooks sworn.-Witness rents q room
from Librun, and saw him about weeks ago
Librun and McHugh had a conversation;
heard the former say that he would not give
up the property. This was after it was adyer.
tised and before the sale Of the property.
BY Mr.. Adams.-Wituess could not read,
and understood them that the properly was ad-
vertised. Would not say it was advertised,
John F. Cdt3an sworn.-Witness took the &C.
knowledgment of the deed Of trust on the day
il was dated January 10Th The deed was ex-
planned to the party; there was dispute about
the same.
By. Mr. Adams Witness asked the man if
he understood that it was deed OF trust to Sc.
cure the payment Of $50. He seemed to be per-
fectiy satisfied at the time, and at the time said
that he was unmarried.
John McCarty sworn-Witness knows Lii
brun; saw HIM about 5 weeks ago. Witness
described the property and estimated 1t to be
worth -, from o. % seven to sgh, hundred dollars
John FagGn sworn.-Witness knows the
property and would not give more than six or
seven hundred dollars.
By the Justice-CoUld get such buildings
as were on the lot put up for $3.50.
Jos. y EsDey yswor1.-knows both OF the par
ties; the complainant ID intelligent enough to
understand an ordinary business transaction
In February and March Librun got goods at
the store on credit and for cash. The buildings
on the LOT were described by witness.
Cross-examned by Mr.. Adams.-Witness
has done some business for Librun writing
letters: thinks he wrote two in March.
Mr.. Hines called attention to the facts that
in this deed of trust was proviso that the
property should be advertised at least 80 days
while IL is usual to give but or 10 days no.
tice: and stated that he would leave the case to
the justice.
Mr.. Norris argued that there was no proof
OF consl Tracy: and that the iact of advertise
utul WINS uOICc WHETHER ue sccS IL VI U0t.
Mr.. Adams for the defence claimed that the
case had been made out and proceeded to ar
que tb at there was iraud nsed.
At the con clusion OF Mr Adams argument
the Justice announced that he would give
decision on Tuesday next
STREET 1MPROvEMRNTs.-Under the SUPER
OF the commissioner of the Sixth
Wa.d, Mr.. Arth ur Fletcher, quite lumber OF
are being made on the streets OF
that ward, some Of which are very important
ones, which were much needed. Twelfth
street east, from South Carolina avenue to
street south, is being graded, and the earth
taken therefrom being deposited in the same
street, between South Carolina avenue and
Lincoln Square, and In b and streets south,
rom 1lth TO 18th streets east, thus abating that