Evening star. [volume] (Washington, D.C.) 1854-1972, 1868-01-09
THE COURTS.


Tuesday, the jury returned verdict, in the
case of Daniel Rice, guilty ofassault and hattie
~ only. In the case Of Charles III. Smith, for
larceny; Holie pros was entered. Anthoay
Bundy, convicted of assault and battery with
intent TO kill, was granted a new trial, when
pleas of guilty of assault and battery put in by
consent.
! Yesterday, Edward Edwards, convict
ed of assault and battery, sentenced TO pay
fine of six cents. Charles Halves. indicted
for an assault upon officer Obediah Kimmel on
the eth day of December, fs67, and resisting
him in the discharge OF his duty was tried Ii
appears that Halves was the owner of a horse
which he claimed was exempt from attac hment
by the recent law of Congress, and in recover
ing his property, seized by the officer, he COM
mitted an assault and battery upon him. The
jury found verdict of guilty as indicted but
recommended the prisoner 10 the mercy of the
court. timothy Gleason, charged with assault
and battery and resisting officer Elmonston,
of the Metropolitan Police force while in the
discharge OF his duty; verdict, guilty AZ indict-
ed. Robert Jones, heretofore con yicted OF petit
larceny OF stove, was sentenced TO ten days
IN JAIL and pay fine OF SIS, and in default of
payment two months more i'm Jail. John Tur-
neT, for larceny ola calf on the 10th of July
last, from Daniel Murphy, at the Centre Mar
ket; defence, that he was only driving the calf
for another boy who stole il, and did nos know
y was stolen; verdict, not guilty. Jas. Evans,
grand larceny, guilty; Albany peniten.iarv for
two years and three months John Brown
peut larceny, guilty; Jail two months. On an
other charge ROiie pros. was entered. Will
nam Aliens, assault and battery, guilty; Jail
two months.
To-ddy.-John Wesley, larceny; bench war
RAM issued John simpson, grand larceny;
SsIdiet, guilty OF stealing meerschaum pipe
of the value of $50, and believe him 10 be under
10 years of age. Henry johnson. alias Stokeiy,
petit larceny of goods from Edward Dolan on
the nth of December. 1867, guilty: Jail three
months. Frank l.. Heck, petit larceny; not
guilty. jeremiah Johnson, petit larceny, guilty
as indicted; jail for two months.
CIRCUIT COURT, Justice Wylte-Yesterday
the jury returned a verdict in The case of Tur-
ner VS.. Bartholow of $3.50 for the plaintiff;
both parties moved for n new trial. Beall w.
Reside: Judgment by default made final Gar
nett vs.. GusJave ST. Able; the counsel for the
defendant, Mr. Riddle, obtained leave 10 file
additional plea, and the case was continued
The case Of james NJ. Carlisle and JosPph
H. Bradley, IT., executors of Richard =. Coke
W.. deorge r. Rider, commenced yesterday.
was resumed this morning. The plaintiffs in
TINS case sue the defendant for three promisary
notes, for 500 each, ri zen on the l,th day of
December, 1867, payable in two. three. and four
years respectively, with interest The defense
through Mr. Riddle, claim that the considera-
ton Tor the notes was the conveyance of a good
title by Coke TO the defendant of certain prop-
erty IN the city, which he had failed TO do The
pialntns held there was warranty to convey.
ana untll breach of this warranty defendant
was liable on these notes. The Court directed
the Jury 10 return a verdict for the plaintiff;
1or the amount OF the three notes. Mr.. Riddle
moved Tor new trial.
RAILROAD CASE.
Ann Z. Carroll Ell al. VS.. Baltimore and Ohio
Railroad Company and PhiIlips for The
Piihntln; Buchanan (of Baltimore BARI and Cox
lor the defendant. The pleadings were com
dleled by the defendants filing reioinder TO
the second replication of plaintiff as to so much
OF the eause OF action as occurred prior to June
2etn, 1904; TO which plaintiff denurred De-
mnrrer overruled. and the case went to trial.
rms is an action OF trespass 9udre clausdn. trent
brought by the deyisees OF Daniel Carroll
against the Baltimore and Ohio Railroad Com
W. m Tor ad "a.
and torn up and broken the soil. land down the
Track, thereby REMEMBERING the land and
greatly lnconvenlencing &c. and have received
great profit thereby. Damages laid az SlOn0
After the case was opened by Mr. Brent 1.-THE
defendants reserving their remarks,) the testi-
mony was commenced nv reference to the land
records OF the District 10 show the title was in
the plaintiff.
EQUITY Court, Justice Wyie-Yesterdav
Mathew RUPERT vs.. VIM. L. keenan, et al
order appointing VIM. L. Keenan, guardian al
taem for infant children of Philip w. Byrne
10 answer bill of complaints exhibited by Math-
ew Rnppert in chancery against them. John
ID. Mcpherson. administrator, VS.. Daniel Wor-
mer ct. a.; leave to file amended bill. and or
dered that the application Tor Injunction b.
heard on Friday next Henrietta p. Pepper ct
a. VS.. Malcolm SeatOn ct. al; on motion of the
plalntih by Kennedy and Webb, their solicit
orr, 1t was ordered that the defendants and the
heirs ut law OF Jacobus Mersen, cause their
appearance TO be- entered on or before the rule
day, occurring forty days after this day other
wise judgment by default. Martha Gusts VIII
liams Fl. al. VS.. Gusts +. Upshur ef al; infant
DEFENDANTS having been served with subpoena.
and appears and been examined in open court.
ordered that Robert Dick BE- and hereby is an
pointed guardian I'D Htem 10 ans wer and defend
Tor them. Perry Sfraitner VS.. Elizabeth Strait
ner; order causing defendant to enter his an
pearance on or before the next rule day, other
wise default. Levi III. Whitney VS.. John b.
Frlsbie; orderedi that supplemental bill here
toiore filed in this cause be taken pro confasso.
and further ordered that this cause be certified
10 the Court III general term. 10 be there argued
and decided in the first instance