Evening star. [volume] (Washington, D.C.) 1854-1972, 1868-03-06
THE COURTN.

CRIMINAL COURr, Cnt JpsAe< GARTER
sfsrs.d Win ..sault and battery, Sroashs 10 4
VI rC let OF guilty.
Daniel dreamer; grand larceny OF cow val
ned at SIS, the property OF Francis Ssrsub, on
'he ed day OF July, iso7. Hr. Miller, for the
d. Fl CT, claimed that the plaintiG Illed at the
d ndants house and they bargsined fG the
COW, and bad IN understanding that he was TO
go on the common aud get it, aud he was 70
pay her a certain amount for il The testimony
bring closed, the case went over until TO- NOR
low. s... ...r
grand Lar eeny Of a cow from Francis Straub,
which was up yesterday, was res umed this
MOI nire After the testimony had been IN
ishHd Mr.. N. II. Miller COMMENDED that the
properly in question not bling proved to be
property OF the accused, the charge Of larceny
could not be sustained. The Court let the
case 20 to the jury and said an exception might
motion in arrest Of judgment. The case was
then proceeded with to the Jury, and District
Attorney Darlington opened for the prosecu-
ton.
CIRCUIT Court, Justice Wytp.-Yesterday
the jury the case of Costello VS.. The Corpo-
ration Of Washington, were respited
To-dcy.-The jury in the case of Jeremiah
Costello VS.. Corporation of Washington
brought in verdict for plaintiff; Sl.ai0.
Peter Hooe d Bro. VS.. John ). Berry; jufg-
ment confessed. Theodore Schmidt VS.. VIM
N. III. Maack referred TO Commissioner Brown
to take testimony Of witnesses. James Donohue
Cox; action of assumpsit brought by Tharp
against Annie Morris for goods sold and de-
llvered, aud for rent OF house and furniture
alleged 70 b. due. The claim was assigned to
Ozark by Donohue, of the late firm of Walton
Donohue, Alexandria, Va. Plaintif II sho wed
sale and delivery; verdict for plaintiff for full
amount of indebtedness claimed-S111 96-With
interest from April rs, 1867.
NANDANUs REFUSED.
The Court said that the case presented YES
terday by Messrs. Brent and Phillips, Of VIM.
In I-r.NSN n
tary of the Treasury, for mandamus to issue
and for him 10 show cause why the claim of
Sll9.G3i.41, which had been heretofore awarded
TO the plaintiff by John Il. Floyd, former Sec
rotary OF War, and appropriation fog which had
formerly been made, should. not be paid with
interes st thereon. The Court said he was pro-
hibited from making this rule by subsequent
act Of Congress, 31st August, is52, which de.
clares what disposition shall be made of all
unexpended appropriations in the Treasury TO
WIT: That after the expiration of two years
from the fiscal year in which the act shall hay We
been passed, that all such monies shall be carried
TO the surplus fund He therefore refused the
rule, without prejudice, and said that the court
in general term could hear the motion, but ne
thought II SO plain that the act of Congress
prohibited this appropriation that he must
override IL. The counsel for plaintiff argued
that they could not take an appeal without the
mandamus issued and the parties were brought
into court, they could not get it to the Supreme
Court Judge Wylie said these applications
against heads of the Departments must be so
MIR. Brent said he supposed he must then AID.
ply TO the Supreme Court of the United States
for mandamus on this court to grant the writ
as they had right to their remedy, whatever
it was.
The Court said they could make a motion
regularly, and h. would oyerrule it: which
was done.
THE PEARSON WILL CASE
Barrett and Wife VS.. McPherson-Cox and
Misunderstanding and Clark-then came up,
and MT: Clark submitted the following motion:
Robert l.. Mcpherson and others caveators in
this case, by Daniel Clark and Walter ). Day.
idge, their attorneys, move the Court that their
names may be entered plaintiffs upon the
record, with the right to open and close the
argument before the jury; which motion. after
argument, was granted by the Court and ex-
ception noted. This case comes up from the
Orphans Court below, where the will had been
admitted to probate. Ii is now sought to b. set
aside ON the grounds that undue influence was
exercised on the mind OF Mrs. Pearson. the tes-
tator A long panel was taken and Jury drawn
when the Court took a recess.
EQUITY Court, Justice Oiin.-Yesterday,
after our report closed, the following business
was transacted Dom vs. Dom; order ratifying
trustees sale nisi, and reference to auditor for
distribution. McAlister VIZ. McAlister ct al:
decree raufying trustees sale and rstifying au-
dltor report. Adams VS.. Carroll ct al; order
granting leave to complainant to amend bill
Won Essen vs.. Warning: decree Of final confir-
nation OF report of trustee and auditor on sales
Miller vs.. BayliS ct al; order allowing trustee
to Withdraw report for correction and relieving
purchaser. Altman VS.. Huntley: order for is.
spance OF rule on defendant TO show cause
Collins vs.. Collins; order Of reference TO audit
or. and decree pro confesso.
7o-Ddy.-h re Banruptcy. Lsnckton vs.
Sinsabaugh. This case was mp for argument
ana after short hearing was postponed until
tomorrow, and the Court adjourned.
BANKRUPTCY Court, j. Sau>s Bro,cp ReJis.
tsr.-No3f. Warrant issued for first meeting of
creditors March 2lst. A.. First meeting of
Creditors held; George Mason, Esq. appointed
assignee. and rust accepted. 3S. Warrant is-
sued for first meeting of creditors. a. Order
of reference filed; sdjudged a bankrupt 81
Order for sale Of real estate and chooses in ac-
non. Nos. -, 81 %, II. Order Of settlement
and discharge of assignee. -. Order of rx-
animation OF bankrupt. II Hearing on petit
ton 10 expunge the claim of Howe Knox X
ior N2i,t :243. George Mason for he petitioner;
trndali for respondent. Order to eApunge