Evening star. [volume] (Washington, D.C.) 1854-1972, 1868-09-25

r. W.
The FIFTH WARD ELEcrIaS C.srs-To.
day, Messrs Merrick and Davidge entered sujt
IN the names of J. Il. Zimmerman, John
y Meara, and VIM. l.. Ferguson against John
X. Arrson, Turner Torrey, and Samuel b. )
Miller, who are holding seats as Councilmen
from the Fifth Ward: and the plaintiffs clam
that they were legally elected 10 those no.i
tons. The declaration in this case is similar in
terms to that filed by Messrs. GuIick and
woo, VINO contest the Alderman's and Asses
sors places in the Fifth Ward The law under
which this action is brought prov ides that wben
such proceedings are instituted in the Supreme
Court OF the District OF Columbia, the Conf
should try the rights of the parties in a sum
mary manner, and their decision shall be final
AT present Judges Cartier and Olin are absent
from the city, and it Is probable that they will
no, ne mere until the middle OF next month
Inc next term OF the Court in General Term
VIII convene on the third Monday in October.
l9h,) and doubtless the case will then be
taken up.
FALSE IMPRISONMENT CAsEs-Yestarday.
in the Circuit Court, Judge Fisher. the case of
"A. M. Cridler agt. Charles Walter, came M
aud was tried,-Messrs. Philbrook and
Tucker for plaintiff, and Norris and Fendaii
for defendants. The plaintiff brings this action
TO recover 100000 damages for false Imprison
ment, and testified that himself ard wife vera
arrested for larceny and held to bail in the
sum OF $780, that they informed the defendant,
VINO as Justice of the Peace examined the
case mat tney could give bail if reasonable
time was allowed. bnt he refused to give
Them the time requested, and committed
them TO Jail for the action Of the Grand Jury
where they remained until the following
morning, when they were released by one of
the Judges of the Supreme Court on giving
Sl,OOO bail. The plaintiff also offered testimony
proving previous good character, which was
ruled out by the court on the ground that such
reputation is presumed without proof and il
mad nor been attacked by the defence. The
Piainun thereupon rested his case. and Mr..
Kendall, for the defence, suggested to the court
an the nature Of a demurrer to the eyldence)
that no proof had been introduced showing
that notice had been served upon the
defendant prior 10 the commencement of
the suit that claim for damages would be
made as required by the act OF Path George III,
whereupcn the jury was instructed to find for
defendant and such a verdict was rendered,
plaintiff to pay costs. The plaintif's counsel
stated that the suggestion of the above bar was
made against the wish of the defendant who
desired a full investigation.
This morning the case ofNicholas Barth ACT
John r. Huber was commenced. MattinCiev
Tor plaintiff, w. j. Miller for defence This rs
an action 10 recover SI0,000 damages for false
imprisonment, the plaintiff alleging that the
defer dant caused him TO be arrested on sus.
plcion of larceny in January last. The de-
fendant had lost some money and q watch
from bureau drawer in December last aud
the case was taken In hand by detectives who
arrested the plaintiff on suspicion, and Justice
Walter committed him TO Jail but he was subj
sequently released. The arrest, il appears.
was made without warrant.