The national Republican., 1867-05-03

CHARGED WITH CoMMrTIxd ASSAULT AND
BArrBRY.-on Saturday last, oficer Samuel
Grown, Of the Second precinct, arrested man
named Joseph Dixon, q Waterman at Wisewell
Barracks, corner Of Seventh and streets, charged
with committing on the 26th uitimo an assault
and battery on a oolored man named Charles
Smith. The case was heard before Justice Wal.
ter, who dismissed the charges preferred against
Dixon, and fined Smith, the complainant, three
dollars Mr.. .Drury appearing as counsel for Dixon.
Smith, feeling that Justice had not been done
him by Justice Walter, swore out q now war
rant, embracing the Same charges against Dixon,
before Justice Miller, who made the warrant
special one--returnable only before himself, as
provided BY act Of Congress approved February
%, 1867.
Yesterday, at ton n. m, tho parties appeared
before Mr.. Miller for trial, Mr.. Thompson for
the prosecution, and Mr.. Drury for tho defend.
ant. Mr.. Drury expressed his doubts as TO the
u, 1867, bearing upon the case In hand, and
proposed that the Justice pass his judgment as
to the meaning Of the same, rs there would,
doubtless, spring up numerous cases Of q like
nature hereafter, and to postpone tho hearing Of
the case TO another day.
It was finally agreed, however, to hear the
evidence In the case. and then postpone further
u was thought, q decision would be given in the
| court IN bane. on this very question, o similar
| case having been taken before II.
Several witnesses testified that Smith lived
with his father In ono Of the houses rented from
| the Freedmea's Bursau, situated on tho square
with wisewell barracksj that Smith, on the
evening Of the alleged assault. was quietly con.
versing with colorod girl and several others,
/ on the porch Of the above-named barracks, whom
Dixon approached him, asked him whore he be-
longed and, with q wicked oath, ordered him
away from the premises. Smith refused to leave,
and Dixon committed an assault with a large
| stick and with stones, which somewhat damaged
Smiths personal appearanoe-for few days at
least. Smith asserted that he did not know
Dixon was acting In the capacity ofa Waterman,
never having known him TO perform that duty
before.
The Major having immediate charge Of the
barracks testified that orders had been promul-
gated TO enforce the following rules, to wit:
| drunkenness, lewd or riotous conduct, pro-
family and gambling are positively prohibited,
| and persons so offending will be summarily ex-
PEELED from tho premises.'
No evidence appeared To show that any Of tho
above rules had been violated, unless we consider
the fact Of Dixon using q horrible oath at the
time he committed the assault. Neither did II
appear before the justice that tho rules referred
to had been pasted, oonspicuously or otherwise,
| about the premises.
Tho ease was postponed to Monday next, at
o'clock, p. m, that the justice and counsel
might ascertain the result Of tho action taken In
the court in bdne in regard to the section Of the
law above referred to, which reads thus:
"sec. 8. Aud Do IL further enacted, That when
any person or persons shall be arrested on n war.
rant for committing an assault, or an assault and
battery, or m ARRAY, issued on the complaint oi
the party injured by any justice of the peace of
said District, or in Of an afray, on the com.
plant Of any person who shall have seen the
samej every such person or persons shall be taken
before the Justice who issued the warrant, or II
he be absent or otherwise incapable Of acting,
thon before the nearest other justice in said Dis
trict and he or they shall be admitted to plead
J guilty Of the charge preferred, and the said
} justice before whom such plea may be pleaded
shall have power, and no Is hereby authorised,
to assess such fine or penalty as Is authorized BY
law, and ontor Judgment therefor against th,
person so pleading guilty and for cost, and issu,
, execution thereon rs In civil cases"