The national Republican. [volume] (Washington City [D.C.]) 1866-1870, 1868-09-16

1.-THE COURTS.
gIrcurr OovHr-yudge Fisher.-This court
was oceopied ss follows yesterday IIF,L
osilsa. III y sSit 70, libel, the pisintif Il.
Isripg that In consequence OF certain repre-.
sentstions OF the defendant to the War De-
piaintia lost vsiasbie oontrscts with The war
Department, and suffered odium:
Mr.. Bradley, for the plaintiff, desired con.
tinussce and hled an sfhdsyit o. me p,a ,n,
The Testimony Of aep. hdcker, Col. Moore,
and other officers who had been summoned,
but whose attendance II was Impossible to
Mr.. Cook opposed the application for con-
tinuance. He was willing 70 admit all that
the absent witnesses could testify II they were
which evidence would not be competent.
| There had been want Of diligence 10 Summon
Ing these Witnesses. As to the cloud OF dis
on him, that charge had not been pressed on
the trial, so there was nothing 10 that.
Mr.. bradley thought that the ssgacity Of
Of di.Ioysity was not pressed before the jury:
| He discussed at some length the propriety Of
the continuance, and was replied to by Mr..
Judge Fisher said that the AFFIDAVIT was
faulty, In not stating that proper and reason.
able endeAvors had been made to obtain the
| attendance Of Witnesses"
Mr. Bradley. We can amend in that re.
The Court replied that the allegation, even
| II made, would be of little avail without the
had Vis not Il been due diligence,
| At this stage Mr.. Cook, interrupting the
Court, said that all parties had agreed to take
up the ease peremptcrily at the November
| It appeared that on the previous trial the
testimony OF the contents OF letter from Mr..
Clephane to the Assistant Secretary OF War,
had refused to allow to be used In this case,
had been decided BY the court In general term
as improper, on the ground that when De:
partment Of the Government, on grounds oil
public policy, refused to send to the court a
paper ia their archives, then any evidence Of
the contents OF the paper In question could
willingness TO admit all the facts to which the
absent witnesses could testify, except as to the
| contents Of the letter which the War Depart.
ment had refused to permit to leave their ar
chives.
Hewes vs.. Ashbaugh, Motion to dissolve
an attachment laid on money due the defend:
ant In the Treasury OF the United States, and
OF the city OF Washington.
MI. r. J. Brent said that this was case OF
interest, and that, as according to some Gus
tom Of the Corporation OF Washington, pay
ments were made annually, a continuance
might keep the money from the plaintiff for a
yeat. The case was set for Thursday morn
ling, .:.,, - d.,
sumpsit for ti75, claimed as due by the defend
ant as percentage on the sale Of some -Four.
and.a.hslf street property for sf,ooO, to Mr.
Dgsant. Mst,insly-Me,riCn: LOO NJ XII
Born tbat Hing came into the Office Of, XII
born x Lstta, left the property lot sale a
5000; that Kilborn signed Kings naide 10 ,
printed contract, in which the party leayipl
the land agreed to pay the perez tage IL thu
property was sold by himself OF otherwise, an
, Ii the owner sold II for a less sum than tn
rate at which ho had rated II on the ofic
! books, then such pro ratio percentage vas t.
, be paid; Mr.. Kilborn did not know whethe
King had ever read the printed contract, bu
when the pen was handed to hin n 20 ssn ~ ~
) Tor him, which pisintIT did. :,
Mr.. Merrick objected to the rspsgr, Thet
sign the paper offered. Y was in boo
nothing but an ordinary description Of tn
=" The Court held that the paper could be at
mitted. II King did not look at q paper I
which he authorized the affixing Of his sign'
Mr.. King testified that he never signed no
authorized Mr.. Kilborn to sign his name I
Any printed contract. The paper which h
n'1 liz Supposed it was mere deicriTtion g
/ his property that was being signed.
I Before the close OF the testimony, the Coui
adjourned until this morning.
oRPHASs' CouRT-Judge Purcell; The Q
4 phans' Court yesterday transacted tho follow
a Ing business: -.
The last will OF L. Coyle, before reporte'
was filed for probate.
LgrTERs TgsTAMRNTARY.
r. J. Powell qualified as adminlstrator
d Ann Mcdaniel, giving bond In $500, with
c Richards and A. Lloyd as sureties.
Harvey p. Lucas qualified as executor {
John Tappan, giving. bond In u geo, with
0 W. Campbell and I. B. Rutherford and Delt
IL Campbell as sureties.
l. GUARDIANS.
Elizabeth ii. Dewitt qualified as guardian
the estate OF =. N. Dewitt, giving bond
o $500, with r. ID. WAlheler and J. J. Combs
n sureties.
4, ACCOUNTS.
~ Eleanor Goodfellow, administrators OF pc
% sonal estate OF ]. T. Essex, by N. and J. v
A | Essex, administrators on the final account {
Il the same, were hled and approved.
a Adjourned.
Q 7-----|- g..