The national Republican. [volume] (Washington City [D.C.]) 1866-1870, 1868-09-18

CiRcuiT CouRT.-Julgc Fishcr-This cour
was occupied M follows yesterday:
Adolph Kfnutler vs.. Q. Ledcrer AssumT
cit on . promlssory note for 400 executed b.
Uhris Lederer and Mr.. and Mira. Hcss III faYo
| Of Christian Abel. The latter passed the not
when overdue to the plaintiff, who brings sui
| as holder OF the note,
The defendant pleads non. assumpsit, failur
OF consideration, and that the note WINS puf
plaintiE
| duecd a stamped deed of trust, to Nov tina
| the note sued on needed no stamp.
MIR. Norris sought to question one OF Thu
witnesses as to the title OF the land on whicl
the deed was given, and which was the con
sideratlon Of the note.
Mr.. Schmidt objected.
The Court held that as the deed had been In
troduced for the simple purpose of cx EXPLAINING
tlon gave no right to go into the question o.
title to the land.
The defendant proved an advertisement Civ
Ing notice, on the 2sth Of May, 1861, that the
note In question had been obtained fraudu
lently As part confederation of the purchase
Of land, the title to which failed, and warning
parties against purchasing the notes.
After the conclusion Of the evidence, Mr.
Norris asked the court TO instruct the jury
that u they believed thst the plaintiff puf,
chased the nOtcs 1T depreciation, to Wit; Al
tlli, he Ia not entitled to receive beyond The
amount 30 paid and intcrest, aud likewise
that II they believed that the defendant was
only 4 surety and that the plaintiff AT tho
limo he purchased the note knew that the
fnn1iderNtion had failed, he could NOT rtco owe.
These prayers the court refused.
Mr.. Schhidt asked the coui to irsttuct the
Jury that the notice advertised was Of no ef.
feet unless II WAS proved that the plaintiff
knew OF II before he purchased the notes 10
queEtion. This the court granted.
After argument by Messrs. Schmidt and
Norris, the jury found for the plaintiff in
.IamcB Roach Va. Silas L. Chambcfliu. In
this case, Mr.. N. Il. Miller filed IN affidavit
Getting forth that no could nc. safely 20 10
triHl in the absence Of ). y. ChauborliEia mu.
tetiAl witnen.
Mr.. Gull, for the plaintiff, callal tho at'or.
tion OF the Court to the fact thst Mr.. Chsm.
bsrlln, tho ahsrnt witness, was the defendant.
that the absence OF the defendant, however
material his testimony might be, was no
ground for continuance.
The Court said the trial must go on, and
Mr.. Miller, after protesting against the trial
btlns forced at this time, abandoned the case
aud struck his name from the dJrkGE as its
counsel.
The trial then proceeded. It was n rerlevIn
20 recover horse, cart, and hnTBc1 Roachg
horse, cart, &c, were held by Chhmherln AZ
surety for debt which Roach had maid In
damages 40, three dollars for each day tho
horse, Sc, was detained.
WHAT CATS TNKErRrrr0E"Ci;.
ma VI lut lltl tN5t was bcgtn
Mt ". Wilson sought to have considered a
case set down for trial for tho day, on the
ground that 1t took precedence OF the eases
which came over from yesterday.
Judge Fisher said II = case Il left over from
yesterday II will be first called. IfthCre 10 no
sase left over tho cases fixed Tor tod ~ will
como up in their order on the calendar.
Hughes W., ErchbaCA. Attachment on Gcu
MichlcF QuIshCd by consent.
This WIS M attachment Gg the creditor Of a
public contractor on fuld8 In the hanGs Of ;hp
Commissioner OF Public Buildings, due the
defendant, FAC said public contractor.
Mohuu n Son VS. Ward y Curtis. Judg.
nCnt by default made nual-I.ackCy.
CHpeTton VS.. Davidson. Judgment con.
frmtd.
KiIhourn :: La;ta vs. King. Motion for nc W
trial died by Mr.. McIrick.
Maach w. Reese. Leave granted for amend
ncnta and case continued.
Poe y Scrivinger VS.. Sanhor. Judgment by
dofNut-IrHdlcv.
NN'inn-l Express Iiark ~ PhlladclnhIa vs..
SNOW y UOylc. Judgment by dcraGl.-wehb
Oll Dominion Iron and Nail WORKS VS.. T.
Wheeler and Creighton Wheeler. judgment
ry delnult-Wrhh.
Rider vs.. LambcrkIn. The death OF defend
Ant being suggested b Mr.. Riddle, tho caust
was continued.
The court thea adjourned until tM's :1osninr.