The national Republican. [volume] (Washington City [D.C.]) 1866-1870, 1868-10-03
CIRCUIT CouRT- Judge Fihcr.-Thls court
was occupied as follows stcFday:

The case came up yesterday morning, with
| the question still undecided whether the testi
| mOny OF q witness who, In answer 10 A 0ucs
tlon as to n conversation or fact not material
| to the issue, replies, / do not TCccllcctn can
be met or contradietcd by proof Of the CONVEX
| satiOn or Of the fact
Mr. Davldge cohtcnded, on authority and on
principle that such proof was clearly within
the range Of legiti mate testimony. II had
been admitted by Baron Park ln England, and
| the supreme courts OF Michigan, GeOtgia,
and Illinois had admitted such testimony, as
had Judges DIN and Cartier, Of this court and
Judge Dunlap. In its predecessor, the old cir.
cult court, An opposite decision had been
made by an appellate court In Indiana. On
principle he held that II such testimony were
excluded 1t would be to give the words " l
| don't remember magical effect similar to
| the "open sesamen In the Arabian knights,
and enable any wretch to bar all contradic.
ton OF his perjury BY simply answering tina.
Mr.. Philips quoted Lord Tyuhal and Lord
Abingcr as refusing such testimony. The way
to contradict witness who swears she does
Der; not that the facts which she does not re.
member did in fact occur. lie argued at some
length in support Of this view.
The Court held that the question was asked
IN reference to = matter relevant to the case;
that Mrs. Dyer having answered she did not
remember In relation to the matter, 1t was
perfectly competent to Introduce other tcstI-
mony In relation to that matter to prove III At
the conversation which Mrs. Dyer did not 70.
member did in fact take place, and also its
| character
Henry Striker recalled.
| Mr.. Davidgc, want to know whether YOU
ever had any conversation with Mrs. Dyer
relative to Li1zio's coming to courts ifso,what
The witness said that he and Fred. smith
| (coloredl went to Dyer's and saw MrG. Dyer.
She opened the conversation with witness
| respecting Lizzie. Witness asked what Lizzie
came away from Liens fort
| Mrs. Dyer then said that Lizzie did not
want Liens; she only wanted his money; abe
! IN tU-l In naNN ~ a.
como up as witness for you, as III only be
against youin the colored man was present at
the times witness knows that Lizzie waited
In the beer garden at Bycr's; thinks she is q
loveahlc woman, for he has seen men with
their arms around her; witness thinks she is a
very good woman In that way-that Is, q
woman that liked to be Rugged, that's all.
Cross-examinod Never had any converse.
tion with Mr.. Bradley, sr,, about this matter;
witness Is from New York; came here the first
| year OF the war; carried on the business Of n
dentist for awhile, but is now In the dining
| business while In New York witness was in
dentist business, the dry goods business, tho
business: witness lives corner OF Ninth and
streets, Navy Yard; first met Mrs. Dyer at
Byer's gardoni can't tell what street Bycr'B
garden is oni ByeTs garden is on the corner OF
! Ninth street and PCnHsy lvaG!a avenue,
| Witness has known Mrs. Dyer five or six
years! has known Liens for about the same
time; first knew him when he kept garden
on Seventh street, just outside of the city.
| Witness was introduced to Mrs. Dyer by n
| btonccuttcr named Lopez.
| ANOTHER NOOK MARRIAGE.
| Mr.. and Mira. Dyer the witness said, got up
| fcticiOus marriages they had drinks there
and good times. At one time Mrs. Dyer got
up ncticious marriage between Mr.. Lopez
aud Mrs. Bhnmsn; Charley Madcs, Mr.. Licns
! and others were there and Lopez spent h(ty
! dollars before he knew 1t was humbug. Tho
| witness then detailed what he had heard and
! done at Mrs. BycT'H
Before the close of the case the court ad.
JOuihed until this morning at 10 o'clock,
ADMITTED TO BAIL.-Thc alexandria Jour.
nal OF yesterday says: A week or more since
| cOlnrcd woman named Margaret chelmsford,
| resident Mt the Frcchmcn'B Village, was ar.
rested by constable D'Ncil, OF this city, on
some accusation of petty theft, alleged TO
| have been committed In Washington, u. q.
| AZ the time the arrest OF the woman was VIC.
lcntly resisted by her friends, and her attend.
| HncC before Justice Of the peace of the county
was only secured by one of her would. be cap.
! tors giving bail for her appearance before the
iunGtionaty In question. Her friends con.
and could not hold water If properly invcsti-
gated, ON her examination before the justice,
| Mr.. Johnson Of Alexandria county, Helms.
! lord, In default OF nominal bail to answer
when called for, was placed In jail. Ncstcr.
day, at the suggestion OF number of her
friends, she was carried before Judge ndcr'
wood of the United States Circuit Court, and
admitted TO bail In the sum OF 800, to appear
| in Washington when called for.
! MAJoR STlTT'S HISTORY or THE PARDON
! BU~iNL~s,-lt having been stated in morn
ing contemporary tia Major +. 4. Stiti WAS
engaged in the preparation Of a history of III,
! ptripn business, the Major has been Gcscigct
| b. prominent men of both political partics ~
to the nninus of the forthcoming history. ",
| are authorized to say that this work Is not ia
he political one, but will deal In facts and
figures taken from the official niles OF the At
torncy Generate Office, and, while II will tread
| on some peoples tender toes, will do exact
Justice. The work he will do without fear OF
] a uI hn Han n41t In
of the "Wickedcst Man" 1t is the wickedCsi
mans fault In not hcing wicked enough to ut.
tempt to be equal to The pardon. brokers who
/ infest Washington. lie docs not intend amy
one to steal his thunder and when he Is ready
TO publish, he will publish.
| Interesting TO -DRUIDs,-We understand
that the District Deputy Grand Arch, T. X.
| Plant, esq, u. A. D. H., will confer the five
subordinate degrees Of the Order on all the
members Of Magnolia Grove, No. 2, on Mon.
! Hall, corner Ninth and ID streets. Their ON,
GERS with installed on the following Monday
night GU which occasion large delegation
| from Maryland Is expected to be present.
| Washington Grave has lcHsed Irving Hall,
No $50 ID street, for the term OF 1--WE years,
which they are going to IT up in proper style
| for the myatcrics OF Druidism.
| SuKKOTH, on THE FEAsTS or TESTs.-This
Jewish festival, the third of the "holy month"; u
! commenced Wednesday evening, and will last
care bestowed by Divine Providence on the
| pilgrims while sojourning in the Desert OF
Arabia. 1t u now celebrated, first, as the
least OF thanksgiving for the blessing of the
| harvest bestowed on the country; second, AS
the feast Of humanity, hoping that all nations
viii be united in works OF brotherly love, JUS
| tice, and bcnCvOlcnce. This feast is one IT r,
incing, lniimating that man, alter having
made peace with his God, his conscience, and
his fellow man, shall epjoy the blessings Of
GOd and tho beauties Of Ills nature, aud not
Indulge In stern, gloomy aspect OF life,
PASSING AwAY.-WC are called on again to
record the demise of another old citizen. capt.
John Reagan, an old nnd well known citizen
! of the Seventh ward, died at his residence on
| u street, between Thirteenth and Thirteen
And-a.half streets, Island on Thursday night.
me deceased was Tor many years engaged in
the river trade, and was universally beloved
BY all who knew him.
sue MAKG- Coon rIME.-The little steam
yacht Nlollie, Capt. Samuel Keller, recently
| bought by Col. hlbcrger, Of thIs city, At
| Buffalo, n. Y, on Thursday afternoon made q
trial trip down the Potomac Ms far as the
white House and back again. She made eX-
of the craft, Col. Huntington, and about
twenty other gentlemen, were aboard of her,
and spent very agreeable time, having n
choice lot OF refreshments, Nc, with them,
| NANpALIsM.-Con Considerable complaint has
| been made by those residing in the county,
near the northern limits of the city, of pei sons
who make 1t \ practice to trCsphss on thrl.
premises, destroying growing fruit and vegr.
tables, aswrll As stealing portions OF IrnCCJ in
which their property was enclosed. 1t is n
pity the county Officers tnnot npprehcni some
! OF these villains in their ncftriuus acts, hat
! an example may be made of them. II is Ne.
/ serted that Col0Icd pcrsons from the city arc
the transgrcssors in most cases.
LARcrNY or Booys.--A colored man, named
Jerry Johnson, in view Of the approaching