Evening star. [volume] (Washington, D.C.) 1854-1972, 1868-03-20
THE COuRTS.

CIRCUIT CoUkT, Judge Wylie-Yesterday the
case Of ODonnell VS.. The Corporation of
Washington; action for $500 damages for in
jury to the defendant, his hack, and horses by
their being precIpitated into an open sewer at
the corner OF Tenth street and pennsylvania
avenue, on the 25th OF October las., was re.
sumed, and the Court Instructed ihe jury as
follows: In the construction Of public works.
ii is necessary that the Corporation shall use
order to prev ent the occurrence of accidents.
The Corporation is bound TO know that storms
arise and floods come, and il is for the jury to
determine whether the Corporation used such
due diligence for the purpose Of guarding
against the possibility Of damage as will ex-
cuse them in this case. After arguments, the
jury found verdict for O'Donnell i'm the sum
Embry VS.. Hood; continued.
ii. w. MoAtOn VS.. Alex. Mofft. Wiiloughby,
Mr.. Phillips objected, that on such state Of
rscsiyed, the proof being that the plaintiff had
paid S5t o to the defendant in part payment for
house which the defendant contracted to build
for me plaintiff; but the Government mean
while having taken possession of the lot, the
houee was not built as contracted for, and Mox.
ton now brings sui, for $500 he paid i'm ad vance.
an assumpsit would not lie; action must be
brought on breach of contract. The Court did
not think assumpsit would lie in this case. A
juror was withdrawn, and the case continued.
John Il. Ward VS.. John Miller. Lloyd, Brent
and Phillips. Action for value Of goods, lum-
Der, &c, furnished by plaintiff to defen sant.
Defen dant pleads: never indebted, set Off, and
statute of limitations.
To-ddy.-Ward We. Miller; trial resumed and
concluded; verdict for plaintiff, &459.S6. Free
man VS.. Schautz Crocker vs.: Goodingi Allard
j. Harrison vs. A. Nailor; Bogue VS.. Cropley;
Collins VS.. Hood, continued. Sha VS.. Mackall,
two cases, settled.
Davis VS.. Gooding; action of replevin; on
trial.
CRIMINAL COURT, chief Justice CARTER
Yega rday, in the case of VIM. Eldridge, in
die ed fof murder, after argument and instruc.
tons by the Court, a verdict of guilty of man
slaughter was returned. In answer to inquI-
ries by the Court, the prisoner said that he was
thlrty-nine years Of age; was born in Orange
county, Ohio, and was member Of the Ohio
cavalry; that while the ARRAY between Will
liams and Mcclellan was going on he intended
to save McClellan that DE pushed Williams
hack, and Williams struck him three or four
times before he drew his knife.
T0-ddy-Samuel Jackson, indicted for an as
sault and battery, was found not guilty.
Henry Ware and John Brocker, indicted for
cheating by mems Of the lock game, were found
guilty, and the former was sentenced to two
weeks in Jail, and the latter received a nominal
sentence.
John T. Crismond, onvicted of an assault
end battery, was sentenced TO pay fine OF $50.
John Wagner and T. onrad Siur, iudic ied for
burglary IN robbng the tailor shop of Louis
kettler, plead guilty, and was sentenced to
three years in the ppnitentiary.
Charles +. Daily, petit larceny of S13. 25 was
found guilty and sentenced to thirty days in
jail.
Augustus Bass, charged with false pretences,
plead guilty, and was sentenced to one year in
tire Albany peni entiary.