Evening star. [volume] (Washington, D.C.) 1854-1972, 1868-11-16
THE COURTS.

StfRhhR COURT IN GENERAL TERM.-After
our report in the FIFTH Ward election Cases
Meao ast Carroil-closed Saturday, the testi-
mony was continued, as follows:
w. A. Cook sworn: Witness succeeded Mr.
Bowen as Register on the 18TH OF May. He was
sworn IN and was the only one OF the Board
mat TOOK the oath of Office Never sat in re-
gIsiralon OF the Fifth Ward, except in the two
days OF revising the lists MIR. G. described the
proceedings by which Mr.. Noyes furnis he'd
certihcates on the election day Some tour or
n n nnndred persons obtained certificates from
Cross-exarined: Witness concurred, and aid
ed Mr. Noyes in furnishing the certificates
mentioned.
Mr.. Bowen (recaIled:) Witness had seen the
name OF Dir. ID. G. Forney placed on the regis
uatlon lists; but on examination of the lists on
election day the name was not there, nor was
there any mark TO show that it had been
erased.
TO-DAY.
N. ]. Noyes recalled.-Witnessa asked the priv
llege OF making an explanation as 20 the testi-
mony gwen on Saturday, which he considered
an lmputation on his character, before answer
ing any questions from counsel.
MI. Cook said he would so frame his Ques-
uons as TO give witness the opportunity Of
making the explanation.
Witness was appointed clerk to the board;
this year. Clarence Il. Barton "a reporter on the
ChronicIe) was appointed also a clerk-an as
slstant. When the registration was completed
they Were placed in the hands of the young men
ne mad previously named tor copying, and it
was done III back room 9th street.
The original lists We're compared with the
copies and left in his possession. Witness
produced the book of the last two days
registration, attached TO one is separate piece
OF paper. This sheet is in the handwriting of
Nr. FeinOur. Witness produced the minutes
of the Board rs kept by himself. Witness here
read large number OF names of soldiers on the
iists, saying. IN answer TO question, that he
could designate. The revised registration was
not IN witness handwriting. The persons
who came TO witnesses table, giving their resi-
Barracks. llri
soldiers clothes. Witness, IN explanation
produced TWO books of the Second and Third
ward registration, and it must have been one
OF these books to which Mr. Bowen re-
lesred, and II he (Mr. b. was correct one
OF these books must have been mutiIatad He
explained that If any leaf had been cut out
there would be difference of 100, and such
adherence could not be found on examining the
books. He would put SIS charitable view As
possible on Mr.. Bowen's statement that he was
mistaken. The summary of each day was pub.
lished in the papers, and would be found To
correspond with his summary in the book He
did not Tecollect having registered Mr. ID. e.
Forney, but has an indstinct recollection that
his Mr.. F.s) right was questioned
Mr.. Dayidge asked witness to designate from
the list of colored voters those who resided in
barracks. Mr Cook objected, and the obiec-
ton was sustained.
Mr.. Cook read from the proceedings of April
8 IN, that Mr.. Bowen asked for Ii SITS of voters
and OF May 23d that Mr.. Cook moved that the
names OF all soldiers, sailors, and marines be
stricken Of &c.
Jones Gorc Witness is Sergeat Major. 18th
Infantry. The list of soldiers designated by
Mr.. Noyes was read, and witness stated that ne
knew most of them to have been in service in
May anG June last
The defence offered IN evidence the certificate
given by Mr.. Boswell! TO MI Carroll and also
examined him in reference to receiving atE-
davlts from the judges of election, and Mr.
Cook had the affidavits
Charles II Persons, sworn.-Witness was
one OF the Commissioners OF the Fourth pre-
cInct hey had two clerks; during the first part
OF the day witness received the votes. their
names We're checked on the lists and the clerks
made an other list. When the first soldier pre-.
srnted his ncket it was suggested that tle letter
- be paced on II. because so much had been
said ABOUT the right of soldiers to vote, and il
was KEPT mp except IN one instance, wnen the
word soldier was written on the tickets Wit
ness was asked 10 pick cut such tickets u
which Mr. DaNicge objected.
judge Cartier sa!d that there was no raa on
Tor the objection a the question before the
Court was a 20 who voted. 4ud vino for.
Judge Nyhe took the ground that these bal
lois We're fraudulent. and an inquiry could bp
mace lhfC NE oaliot-box for the purpose of dis
covering fraud.
Judge Oln SAID If there was anv meaning IN
allowing party 10 vote a secret ballot, the
inspector bad no right or business to interfere
with them AT ;tiI, and 10 permit them TO Dc so i.
TO set aside The law. If they had the right to
place tn letter - ON n, they had the right TO
WfIte their names Il. He never heard of
such q Thing before or conceived the idea that
ne inspector bad such right. II they could
40 M; ueh the great plINiirge Of the ballot
box was Al al end.
CIRCUIT CoUET, J,,9ge C~rt,sr-This morn
.rg he Jurors were called and dIscn;l ged until
MONDAY net and tha cJug; adjourned TO
Wednesday.
TIE WASHINGTON. ALEXANDRIA. AND
GEoEEETowH RLILRoAD TKVUELs.-Tlis
case was up again in the Alexandria Circuit
Cour', before Judge Thomas, on Saturitv.
The case came mp Oh 4 rule upon o. A. Stevens
aud w J. Phelps to show cause why they
81, uld no, be fined and attached for violating
an Injunction order OF the court. 1t APP
pears from the pleadings and proofs in this
cause thai these respondents Were the Iessees of
Il rs read from the directors OF the company in
ny 1~GG. aud as such, by virtue OF their lease.
they entered INTO the possession OF the road.
that an Inyur ctOn was obtained restraining
them from operating the road. and the validity
OF The tease denied by the court, and w. II.
Marbufy was appointed by this court its re-
CtIyeT TO take charge OF the road until the quns-
tons arising in the cause were finally deter
mined. An appeal was taken by ths respon.
dents 10 the District Court of Appeals, aud
from Their ce 10 the supreme Court, m both OF
which the decision Of This Court was affirm-d
Upon the return OF the mandate Of he Court OF
Appeals decree OF this Court In conformity
'htfeNIth was entered, directing the aid Mar.
bury as receiver u take charge Of the
road. Tais order was compiled With
and MIR Maroury, rs receiver, placed il pos
session Of The road under the direction of rnr
court. That officer reported To the court that
under an order " biCh issued from the Judges
of the Circuit Court OF The United States for the
District Of Virginia, the deputy marshal OF the
United States for he district mad taken posses.
SION Of the said Washington, Alexandra, and
Georgetown railroad. with the rolling stock
and motive power belonging 10 the same, and
lad turned n over TO Oscar A. Stevens aud w.
j. Phelps, by virtue of the said order, and with
out his authority or consent.
The plaintiffs insist that as the defendants
were cognizaut OF the order Of this court they
are not entitled 10 protection by reason OF the
decree of the United STATES court. Jud 5e
Thomas however held that the defend IN $
could not be punished for ooeying the order OF
court OF general jurisdiction. They could II
determine whether the order was rightfnllv
made or not, for that would be imposing upJn
them an exercise OF legal judgment The rule
wa, therefore, continued unul the whole case
could be passed upon by the United States
court
TIE POTOMAC FRoNT.-The steamer Wa
waset, Eawke, arrived at Potomac Ferry
wharf last evening from Cone river and inter-
ms diate lands, with freight and passengers
This morning she took the place of the CITY OF
Alexandria (Which has gone TO Baltimore tor
her winter iron armOr, on the ferry route be.
tween this city and Alexandria. The steamers
Columbia and Hi Liyington arrived yesterday
from Baltimore, bringing passengers and mer-
ChandiZe Several citizens and strangers took
passage this morning on the decks OF the
steamer Arrow for Mount Vernon. Other
matters Will be found below:
Hdrrey's commissioners Thos.
a. rail So I'd wit tnns of