Evening star. [volume] (Washington, D.C.) 1854-1972, 1868-04-11
THE COURTS.

CIRCUIT COURT, Judge Wyks-Yesterday,
the Judgment of the Court was argued, the
Court passed an order that the Judgment Of the
lst DAY OF February be set aside, and that the
minutes of the Court OF that day be corrected
by substituting for the entries Of that day an
entry showing that a motion for q new trial
was made by the defendant and overruled,
and thar thereupon the defendant prayed an
appeal 20 the general term; that all further pro-
ceedingf under the execution issued in this case
be styed until the action Of the Court IN gen.
era1 term on this case.
Bftz ve- Bowen. Judgment of condemnation
Te.Ddy-Perry, use OF Morsell, VS.. Garland
ct AL judgment confessed. Thompson VS..
Foley; Judgment confessed for amount less a
credit of s5os- Kennedy VS.. National Bank
OF Metropolis; on motion Of NJ. Wilson, defend
ant has leave to file plea of set off. barrow VS.
Gallahe1; motion for new trial overrnled
Phllllps vs. DayidgP: ordered to be certified to
the Court In General Term. Davis vs. Good
ing; order TO give bail for appeal in sum of
sfO. walker VS.. Walsh; motion to strike
out Judgment oyerruled, Schuchartlt 4 Wells
VS. Ihornton; opinion as to sufficiency of no.
tary's protest reserved at the trial. protest held
SUFFICIENT and judgment for plaintiff on verdict
appeal prayed; Bridget VS.. Williams; judg-
motion for new trial overru led, and appeal
prayed. The Northern Central Railroad Com.
pany VS.. wilkins ct al; new trial granted
ton for judgment by default refused United
States, on relation Of Levy Court vs. Washing
ton Georgetown Turnpike Company; certI-
ned 10 Court In General Term. Rusk VS.. Ref;
plalntln RENTS So of verdict, motion for new
trial overruled. Central Bank Of City of New
York VS.. Suit and Smith. Leave granted Mar
shal to hle copy of schedule and judgment of
condemnation vs.. property to attached Rule
on II. +. Flint, Cashier First National Bank.
Frank Turk, Joseph Il. Bryan, c. g. BRYAN. TO
answer lnterrogations IN ten days, otherwise
more and Ohio r. r., fl ia ordered. Banon et
al. vs.. Corporation; motion for new trial an
exceptions filed. Coddington VS. w. A. and
u. X. K, leave to amend writ and declaration
THE PRIVILEGES OF MEMBERS OF CONGRESS
MIR. woodward called up his motion to dis
miss the case of A. z. McKenna vs. William
Sprague, on the plea filed few days since,
that the defendant was at the time of the issu
ance and service of the writ, and Is now a
member of Congress. The plaintiff sues the
defendant on a bill of 1906 for services as a
the amount TO SIPS. Mr.. Woodward cited the
case OF Judge Underwood of Kentucky, in
story, and based his motion on the 9th clause
OF the 9th section of Article LIST of the COnstitu
ton, which exempts members of Congress
from arrest in the District, except for a felony.
preach OF the peace, and treason.
MT. H1ne, for defendant, contended that this
was common action of assumpsit, and that
members OF Congress were not exempt from
being summoned to answer such suits.
Judge Wylie said that an arrest was not con-
templated In this case, that q simple summons
only had been issued; and it would he remark
aole IL member OF Congress could come here
carry on business as other parties, and be ex-
empt from being sued. 1t had been ruled that
members of Congress were exempt from suits
Tor debt because suits were formerly commenced
by capias, but the writ now is simply sum.
mons TO answer, the law having been changed
In 1863 If the Constitution exempts member
OF congress from arrest, il did not exempt his
property. If disobedience Of the writ would
nave been followed by attachment, he would
not so rule, but such is not the case, and the
motion to dismiss he would override
MIR. Woodward asked and obtained leave to
lille plea at the next rule day.
CRIMINAL COURT.-On Monday trials will
be resumed in this Court, the following cases
having been assigned for that day --LIovd
Thomas and Harry Lewis, assault with intent
to Kill John z Thompson, do; Frank Darden
and James Thompson, keeping faro bank:
Bryan Carroll alias Bring Carroll, robbery:
Joseph t. Ramsey, nuisance. (poudreta fac-
tory) Thomas Williams, Henry Dockerty,
John Williams, Alice Turner Andrew Scott
larceny; David Green and d. CT. Noble and j.
II. Noble, assault.