The national Republican., 1868-12-09
THE C0uruTa-
CrRcuTT CouRT-CAiJ Justice Cdrfter.-This
court was occupied as follows yesterday:
LtBKL CASE.

LIBEL CASE.
Mcdhan VS.. Clephsne. This Is a suit which
Ssousss @ ol ons e
defendant to the Assistant Secretary Of war
hS Of the
held to appear and testify In the case, and to
bring with him the original letter which forms
sss Ss,, a. 81 ns :9 ~ h, AZ the sPsSn ;ns
clining 70 appear, was read as follows;
that on the 3oth day Of November, 1858. the
has no personal knowledge or personal con.
described; that he is Informed and believes
War oes @ snS tsstP s S fSVs Of War " Of
the United States the same IL under his official
care and control. He further states that he is
Informed me n that heretofore suepens was is;
on his predecessor, E. NJ. stanton, for the pro-
duetion OF the same paper writing, and there
upon % MT ,s. stanton, a. sss,,e,sry q wsr re- 9;
the United States for his opinion as to his
duty in the premises; and that the Attorney
General, In written opinion, advised him
municstion and ought not to be producedj and
that pursuant thereto Mr.. Stanton made 70.
turn to said subpoena, refusing to produce said
which a uSp.ns h sua rs,aSn ssm.a
on record In said COURT and that said court
decided that the return was good and sun cient;
the affiant 10 advised and believes that said
paper writing was and is privileged commu-
nioation, which the interests Of the Govern.
ment and sound public policy should continue
70 proteotj and for this reason, as well as for
the reasons set forth In said return OF his pre-
decessor, above referred to, he declines to
comply with the demand OF said subpoena.
With the truest respect for the Court, he
attend personally as witness in the trial Of
The plaintiff thereupon offered to prove
that paper which he rendered was copy Of
said communication testified to BY the de-
fendant as having been sent to o. A. Dana,
Assistant Secretary Of War, made from the
original after the same had been received at
that said Communication was made from mo.
tives Of express malice and ill-will to the
plaintiff and without probable cause.
Judge Cartier decided that no proof con.
tained In the offer could be admitted, saying,
at appears In evidence that the original paper,
charged in the declaration to have been IL
Sow IN the essss sSa % eaoSy ~ aSs
tary of War, who declines to produce the
same, as appears by his return. Under the
circumstances no secondary proof as to the
is admissible. Moreover, the eommunica alton
as II appear, to the Court, is aprivilegcd com
The counsel for the plaintiff excepted to the
The Jury, under the rulings OF the court
found for the defendant. The case will go to
J. S. Machif VS.. John E. Reside. Juds.
ment set aside by consent of parties.
Hurley vs.: Corporation OF Washington, (twO
esses.l Motion iled BY Gen. Terry to strike
owen Thorn VS.. New York Tribune Assoois
tion. Leave granted plaintiff to amend his
declaration.
Hall & Deming vs.. Henry johnson. Action
for goods furnished the wife OF the defendant
The case was still on trial at the close Of the
court.
Bevan VS.. ]. L. Leans. Assumpslt for value
OF two promissory notes, (ti lis, with interest
and costs OF protest. Verdict for plaintiff.
CASES TODAY.
to-day. Nos SO, IS, q, o. Co. c., Gi, 90, TO- and
| appeals Nos. 10 and Is.
Adjourned.
| CnIMrsAL CoURr Judge rishsr.-The fol
| lowing cases were disposed Of yesterday:
Richard Burreil, larceny of pair OF boots
Thomas Bowie, assault with intent to xii
Bernard West He was found guilty OF as
sault.
A COSTLY coAr.TAIL.
| John Shanter and Louis Medley, larceny o
| a coat-tail in bronze metal, worth tloo, iron
CLARK Mills. They were found guilty and sen
to the penitentiary for one year.
r. toS yTSe 81
Harris Carroll, stealing calico from Georg
W. Whittington. New trial. Nons pro'sSui.
| The United States VS.. Corporation OF Wash
ington, for negiecting to keep in repair bridg
across Rock creek at X street, and thereil
creating a nuisance. Noils prossqui.
Robert Rats alias Richardson,. stcalinl
money from Wautman Frichling. Noile pros
| equi.
Adjourned.
| ORPHANS 'CouRT-Judgs PuresH-This cour
transacted the following business yesterday
| LAST WILLS,
The will Of enjamin J. Bayly, bequeath
Ing his estate to his wife and $1,000 to Jan
The will liofRachaeiG q. Lindswood, bequeatt
| ing her estate to her niece, Emma l.. Shep
herd, wife of Arthur Shepherd, was filed an
LETTERS TEsTANESTARY.
| Silas Merchant qualified as executor o
Rachael Lindawood, giving bond In the sur
- TRsoSors & Dsws:s d ssca qualified as admini'trato
| GUARDIANS.
Mary E. Grimes qualified as guardian of A
7. Grimes children, giving bond in 80 ,SoS
Mary L. Thought qualified as guardian OF
A. Mechael, giving bond In u 900.
ACCOUNTS.
The accounts OF s. NJ. Herbert's executfis
and OF Ida NJ. Bardwin's guardian were file
and approved.
Adjourned.
EeuIrY CouRr-Judge oiin. = This coul
made the following order yesterday:
DIVORCE CASE.
s. J. Rogerson vs.. Geo. T. Rogerson. o
proof of adultery Of defendant the court mad
a decree divorcing the plaintiff from her ma
Nugent VS.. Nusent ct al. Order appointin
Justice 7. Gull guardian OF infant defendant
to defend their interests.
lease.
Adjourned