Evening star. [volume] (Washington, D.C.) 1854-1972, 1868-01-15
THE C0uR1H.

ORTNINAL OoURr, Jusiee Oais. - Monday,
Moses CLARK, on trial for larceny. was found
John Fearce alias Thomas. grand larceny, gull
ty; Albany penitentiary for 10 months Henry
Lee, grand larceny, verdict guilty.
Yesterday, George MsCsnley was T,ed on
merous ones stricken out the other day, but
after his desperate conduct ordered to stand for
trial by the Judge. This is case of the larce-
ny of an overcoat valued at S35, the property
of Richard b. Travers, from the house Of -
Lucas, No. - II street between 2Oth and 2ist
streets, on the 18th day Of Dec, 1867. Messrs.
Upon coming into Court this yesterday he was
searched, and a piece OF a brick taken from
him, concealed in his clothes, also a club that
was hid under his coat. The irons were not
removed from him during the course Of the
trial.
The loss of coat was proved, and it was iden.
titled by the owner. 1t appears from the evil
dence of Richard Kinsley that he had known
the prisoner about three months. The night of
the larceny he was gong up street. and met
McCauley near the corner Of 11th and q streets.
He told him TO 90 to this house and get the
overcoat; he did so: found it in the passage on
the table; McCauley put il on and went around
the corner: next day sold the coat to q stone.
cutter named Guess, who lives on the corner OF
18th street and Pennsylvania avenue. When
asked TO point out the man, Guess ran ont Of the
courthouse. but being pursued by detective
McDevitt was soon brought back. Some time
after this McCauey was arrested, and Kinsley
with hun After some time the boy con fessed
to this larceny and others, at the instgation of
McCauley.
George Guess was then sworn, and said he
bought coat from the prisoner on the night
aforesaid, but said positively that the coat ex-
hibited in court was not the he bought
Lewis Craig was then called by the Judge and
questioned, when he said he received the coat
from McCauley and took it to GEORGETOWN and
sold 1t TO q timer, for six dollars, and gave the
money 10 McCauley, who gave him a dollar
and divided with the boy Kinsley. The Judge
questioned xuhn
in the habit of associating with McCauley and
himself. The witness seemed very reluctant
to tell, but upon the assurance eff the Judge that
ne should not be harmed, and that he was
obliged TO answer, he gave the names Of George
Hensley, George Kelley, George Guess, An
drew Palmer, James COrbir, and Thomas
10 break of from these associations, and lead a
better life, and said ''the arm of the law was
stronger than the arms Of all the rogues in ex-
istence," and said that this gang should be
broken up.
Mr.. Adams, for the prisoner, and Mr. Car.
rington, for the United States, addressed the
jury, when they retired and brought in a YER
dict Of guilty of the larceny of a coat valued at
S25 which reduced the charge to petit larceny.
Notte pros. entered as to the other two cases.
ASSAULT AND BATTERY WITH INTENT TO KILL
IN OPEN COURT.
he was then arraigned on the charge of
assault and battery with intent TO kill Thomas
klnsley, on the 4th of January, in the court
room, after he was sentenced; the boy who was
instrumental in his conviction. He, through
his counsel, challenged all the present panel of
jurors except Augustus Davis, who was not in
court at the time of the transaction, an d had not
formed or expressed an opinion on the case
The Court ordered twenty four names to be
drawn from the box, and the gentlemen 10 be
summoned As talesmen.
7o-day.-The following gentlemen were cho-
sen from the talesmen sworn yesterday: Angus
tus Davis, William M. Ellis, Richard French,
George w. Parker, John A. Reem. Charles A.
Upperman, VIM. Thomas, Lemuel Williams
James A. Shedd, William H. Ritter, George
Angherton, Samuel G. WrOe. The assault was
proven by the boy Kinsley, Officer johnson.
Detective McDevitt, and BalIiff King The
three latter also proved the intent of
McCauley from his declarations both pre-
vious and subsequent to the assault TO the effect
that il he could only get a moment with the
boy, he would be willing to be hung &c
The t. timony being closed, the Judge charged
the jury to the effect that, if the boy was not
actually struck, according TO the law, they
might find an assault with intent 10 kill. II
his purpose, when armed with that knife, and
making towards the boy, was to kill, even if
ne did not strike him, it might be an assault
with intent to kill, and even if he thought he
was near enough, although not actually so in
point OF TACT, II made no difference. But il is a
question for the jury to decide, with what in
tent this action was made. After argument,
the case was given TO the jury, who brou ght in
verdict of guilty of assault with intent TO
Kill. Mr.. Adams moved for a new trial, and
the Court reserved the sentence until after he
had heard the reasons for a new trial.
PRISONERS AREAIGNED FOR MURDER
Henry L. johnson was arraigned for the muir
der of Thomas $. Smoot on the Both day of
June, 1SG6,and pleaded not guilty, and asked to
be tried by the country.
Joseph VIM N. thinner, for the murder of
Chas. Dumas, 18th of September, 1861. on 18th
hours of III O'Clock a. m. and II m, was ar
raigned and plead not guilty; having no friends
and no money the Court assigned Messrs; Nor
ris and Fendall to defend him
Urn lHriA md Tn N NJ IN
land were arraigned for the murder of George
Williams on the night of the 18th of September
1861, in a restaurant kest by Rutherford, on I'd
street east and Pennsylvania avenue. The
former OF these having no counsel, the Court
assigned Messrs. Mattingly and Carusi to de-
tend him.
The District Attorney stated that he would
like Mr. Merrlck TO be sent for, so that some
time might be fixed upon for the trial of John
II. Surratt, as he was anxious for a speedy
trial.
The case OF James Radcliffe for indecent ex.
posture, then came up, and was on trial when
our report closed.
CIRCUIT COURT, Justice Wylie.-Yesterday.
Denaise VS.. De Zuyk; Judgment against gar
nishee. In the case of Turner VS.. Bartholow,
Mr.. Bradley filed his reasons for a new trial
Carroll VS.. Baltimore and Ohio Railroad was
then resumed, and after the prayers TO the court
We're offered and had been argued, Mr.. Phillips,
for the plaintiff, opened the case to the Jury
Mr.. Phillips having finished, was followed
Dy MessTs. COX ana BUCHANAN IOr the defend
ant.
To-Ddy.-Johnson VS.. Hinesley. Mr. Miller
filed motion for garnishee tor Judgment, and
TO have attachment dissolved. After some pre-
liminary discussion concerning the prayers
granted by the Court, Mr. Merrick closed the
case for the plaintiffs. He argued to the Jury
that the plaintiffs were entitled TO punitive
damages, and the measure of the damages was
so large sometimes that it was unlimited. After
the close of the argument by Mr.. Merrick, the
Jury retired.
Gormon VS.. The Corporation next came up.
the defendant. This is a case where the Corpo-
ration built a bridge across the Tiber in Jack
son alley which caused the water to overflow,
and swept away part of the house and de-
stroyed the furniture of the plaintiff. She lays
her damages at $1,000. Still on trial.
EQUITY COUET-Jusiice WyIie.-Yesterday.
Sarah T.. kobb vs.f John Ct. kobb; petition
taken pro confeSSo. Same same; order TO
take testimony. lack T. Borland et al vs. w
II Hollidge; decree for partition. Catharine
Blumann VS.. Fred w. Jones 81 al; order that
an amended bill be filed, and application for
an injunction be postponed until Saturday, the
18th instant. In re.-Margaret Cronin; ordered
that the decree heretofore entered be rescinded
and the property be restored. Susanne A. f
Brown VS.. Ann ). Brown IT al; order confirm
ing trustees sale.
To-day.-Wallach VS.. Wallach; time for
taking testimony extended to 2Oth of February,
to both parties. O'Donnell VS.. Corporation of
Washington; judgement by default stricken out
and defendants plea Of not guilty filed.
ORPHANS CoURT. .yuIos purceU-Ypsterdav