The national Republican. [volume] (Washington City [D.C.]) 1866-1870, 1868-02-06
THE COURTS.

1
| TRIALS ron MURDER. .E.L
| CRIMINAL CoURT--Judge Fisher.-Thc crimina
court concluded yesterday the trial Of Zimmei
for the murder OF Dumas.
| The defence Introduced, In accordance with the
agreement yesterday, a single witness.
builder; employed thinner In the latter part OF
| last summer. One day he did not come to work,
and witness went to bis house to see what was
| the matter, and found him there with his arm
broke and totally unable to work:
This closed the evidence on both sides,
evsd that the deceased IN th he public street, put
his arm around the neck Of the woman with
| whom the prisoner cohsbited, and upon nemon.
him, kicked the prisoner, and thercupon, In the
heat Of blood, and before cooling time, the pris-
life, then he can be convicted OF mansisughter
only, that II the reconciliation proved were
real and not sham, 4 preciudcs express malicef
striking the mortal blow the prisoner was in
such relation to the deceased as would have in.
| duced prudent and reasonable man to believe
that the stabbing was necessary for the protec-
tion Of his own life, and that II would not be
safe for him to retreat or call and wait for as.
Mr.. Darlington opened Tor the prosecution,
saying that the actors In this case were very
portsnce. In his belief, under the Instructions
Of the court, the case was clearly one OF murder.
Exeusable homicide was out Of the question,
proved was murder or granddaughter. He con-
| tended that to reduce the case 70 granddaughter
tG show W, no, only hot blood but
oner was in anger, but that his anger was
brought about BY provocstion which would ex.
blow was struck even after the kick OF the dc.
yss b ane o. III he blow was nSt
evidence with his usual ability.
Mr.: Fendall responded for the defence. He
| cled In prison-no one wishing to see him except
the counsel, and for them dependant on the char.
,oos title to the isr hearing Of the
law, charged II is true, with heinous crime; but
with the magnitude Of the crime should greater
upon the threat. Of the decesssd The helpiess
ness Of he prisoner By reason s Of his injured
deAsed embrace his paramour before his face, and
that the prisoner might well believe for mo-
to be carried out, and that his only hope for his
life in his disabled condition, was in the quick,
sThnarp use Of TIE only weapon he had, his knife;
the prisoner were also alluded to as probably en-
tering into the case. Mr.. Fendall reviewed the
feeling appeal to the Jury in behalf Of the
MT: Jackson followed for the defence. The
every wstef would nS ss law tSs a m,d IN
a case murder without a case OF deiiDsrdiion.
view to show that this element of dellberation
did not enter into this case.
Before the close Of Mr.. J.'s argument, the
| court adjourned until this morning.
CmcUIr CouRr--Judge Ryiie.-The time Of the
court was occupied yesterday In calling over the
docket, setting oases for trial, or otherwise dis
The trial docket contains three hundred and
ninety,three Gases, and the appeal docket sixty.
the former rather less than the number upon the
same dockets at the November term.
The following cases were settled and interlo.
cutory orders made during the calling nj the
CASES AGAINST CITY DIMINISHED
vs.. Mayor Of Washington; WHITLEY vs.. Mayor
q Washingt1n tagainD Miller "a. Mayor OF
Gibbons vs. Mayor Of Wsshinston were dis,
missed. These were cases Of appeals from jas
VIM. Scott VS.. Thomas higgins. Plaintiffs
death suggested, and order to make new parties
Abells exeeutrix VS.. Goddard. Judgment on
U. s. Utermele VS.. D. s. Cooling. Plaintiffs
death suggested, and Carusi and Utermcle admin
A. Fisher VS.. Chas. Breshner. Plaintiffs death
Owens 4 Augur vs.. Brophy & Burch. Judg.
| Brophy. "' w
Hauptman VS.. Fenwick & Steward. Settled.
| Crane VS.. Crawford. Discontinued.
Jane Corroll VS.. Francis Hanna. Settled
Morseil rs. Hamilton. Reference to auditor
L.; Fox vs.: B; Msskall,jr Rule on plaintiff to
II. @. FAINT VS.. Chas. Knapp OF al; suit VI,
| National Democratic Committee, Dismissed.
u X: Thompson VS.. Alhin Schoed. Plaintiffs
National Union Bank of Maryland VS.. Evan
| fessed.
Frank I. Barker vs.. ]. l.. D. Lawrence, and
Thomas Berry vs.. John A. Turner and wife.
| Settled,
Judgments were entered as confessed in the
| following cases:
q. W. NJ. Croak vs.. W. T. K ]. @. Grimm;
| Pardee Bates 4 Go. VS.. James l.. Boswell; Sher-
ley Co. vs. VIM. Grimm 4 Co.; Deschamps &
Dulaney vs.. w. J. q. GriGln; Taylor Il Davis
vs.. John Hogstctter.
Wheeler Il Sons VS.. Wick & Woods. Judg.
ment BY default. Oliver.
| ASSIGNMENTS,
| All the open cases on the appeal docket arc
| week.
The first fifteen cases on the trial calendar arc
| set for Monday next,
Adjourned.
| Equity CouRT-SPErIAL TERM-Jtuige OHn-
| This court was occupied yesterday as follows;
| HI. Altman vs. Huntlcy. Merrick, Hughes.
| In this case an injunction heretofore made WAS
l dissolved, and the receiver heretofore appo nted
| was discharged on Tuesday last by Judge Wyie.
| The case now comes up upon new application
| drawing money due by Post Office Department
| on account of Montana mail contract.
| The plaintiff AYERS that In this proceeding he
| presents new facts justifying the interposifion
| Of the court. The defendant AYERS that this APP
| plication 10 identical with the one presented to
Judge Wylie and disposed OF.
The ease was reargued by counsel at length,