Evening star. [volume] (Washington, D.C.) 1854-1972, 1868-03-02
THE COURTS.

T. CRIMINAL CouRT, CAsef Justice CARTER
The March term OF this Court was convened
the absentees noted, several excused, and after
Mr.. W. H. Tenney had been selected as foreman.
they Were sworn as follows: @. J. Bowen,
| Richard Kelly, w. r. Dement,, H. s. L. Leitch-
| field, T. L. Smithson, BENZ. F. Vanhorn, Ira
Richardson. Jas. w. johnson, +. s. Cisseil, S
| Crown, John ID. West
The Chief Justice briefly charged the Grand
Jury, in the course Of his remarks saying that
| the present crisis demanded them to watch and
provide against the violation of the law, and
advised them to meet at 10 o'clock instead of H.
and thereby prevent any interruption Of busr-
The Petit Jurors Were called, and the follow
ing answered TO their names:-Robert w
Waters, VIM. c. Magee, John r Arrison, Z
O. Adams, A. p. Hilton, VIM. H. Narrower,
August Ockert Henry Mcintosh, James Tai
| tavull, John Alexander. Alexander Patterson.
Jacob J. Fink, Samuel H. Donaldson, VIM. N.
ALEXANDRIA AND GEORGETOWN AoUEDUor
d. CASE.
The Court next called the trial of the indict-
meni found by the grand jury against VIM. J.
Booth, Philip Quigley, VIM. H. DUNCAN and
d. II. Wells for keeping and maintaining a
nun Sance which obstructs the navigation of the
Potomac river at Georgetown, which obstruc-
tion IS commonly known as the Alexandria
AQueduct. Counsel for the United States, the
DIS trict Attorney, Messrs. Brent ana Merrick
For the Aquedpct-Hon. Reverdv johnson and
Mr.. Brent opened the case, stating that ma.
ture intended the river should be navigable to
point Immediately below the Cham Bridge,
representing the trade that would be cut of
and compelled to wait, and the great public
interests that would suffer from it, He said he
expected to prove that this was a nayigable
river, used for purposes of navigation and that
this aqueduct obstructs ii, and claimed il did
so tnal prtRid face case would be made out
he then recited from the 9th statute at large
page 4l9. the act passed in May 1880, moor
porating the Chesapeake and Ohio Canal Com
pany. giving them power to construct ali
neces sary works for the completion of the canal.
1lr. Brent argued that all such legislative
grants as this comforting authority to construct
bridges and aqueducts across navigable
streams, which nature intended for mans con-
Tenlence, should be strictly construed, be-
cause IN derogation Of natural rights. He
COMMENDED tnat IL was nuisance when first
erected, because Of its improper location and
abnse OF the authority Of Congress by not in
nctlng the least possible injury on the people
And II not then, it has become SO since. by
reason of the greatly increased trade which has
since been developed. Also by being built di-
rectly across the harbor at Georgetown, which
mas since the construction been extended: also
CLAIMS that any thing originally nuisance or
become SO since cannot be cured by lapse of
time, the statute of limitations will not run
against it.
Mr.. Brent also claimed that the Chesapeake
and Ohio Canal was failure, and that the
aqueduct was kept up only as a cover for other
purposes, and they have lately leased the canal
and all its property to lessees Wells, Ouigley
Duncan, for the nominal rent of 81 600 wear.
under lease Of % years, and claimed that this
was now kept up and was being reconstructed
TO be used as railroad bridge hereafter and
claimed II he pro we'd these things il was a com.
mon nuisance, and should be abated
General ID H. Wells then proceeded to open
the case for the aqueduct
Att O'clock Chief Justice Cartier announced
the death Of Ex-Gov. Thos. IL. Ford, of this
bar.
CRcUITCouRT, Justice Wyr,e.-P H. WEIGH
VS.. Goocing Miller. In this case, which was
heretofore dismissed by the plaintiff, the Court
orders that the goods be restored by the plaintiff
to thedefendant damages to be assessed here.
after.
Morsel1 VS.. Williamson Il Clayton: continued
with leave TO plaintiff to amend
Inc following cases were contin ued:-Chas
Irving VS.. NJ. Foley; Samuel Strong VS.. w. ID
Wallach; Henry Selling VS.. o. Kimmel:
Hughes, Denver Il Peck VS. Owen Fuller: Mary
Emanuel Kaufman; Howell Stribling VS..
jackson Humphrey; VIM. b. Hill ct al VS.
;. Mcdonald; Jennie Perry w. Thomas O.
Hoover; dismissed. Aug Warren VS. Samuel S
Lewis: settled. 40t5 and 3993-not on trial cal
lendar; Judgment by default made final. Lyons
vs. hughes; judgment by court for amount OF
note and cost of protest Howell & Stribling VS.
Pumphreyi continuance stricken out and judg-
ment revived on sci n. by consent Of counsel
credit being allowed on Judgment.
EQUITY Court, Justice Olin-Saturday after
our report closed, the following business was
transacted: Hughes VS.. Nicholson ct al; rule
TO show cause VS.. VIM. II. & G. w. Cissell.
Echols VS.. Carter; order ranfying trustees
sale Mise and reference to auditor. Lemon Vs.
Kern; decree, appointing Joseph H. Brad
ley, Jr- guardian ad Item, and appointing N.
Wilson, trustee. Davidson VS.. Washington
Alexandria & Georgetown Railroad; argument
continued. Adjourned.