The national Republican. [volume] (Washington City [D.C.]) 1866-1870, 1869-10-26

No. IT'S. Robert Patterson, plaintiff In or
ror, VS., Emile do Ia Ronde, widow, sc.
| The argument of this cause was continued
by Mr.. Evarts, Of counsel for the defendant
In error.
Adjourned until tomorrow at II o'clock.
CRIMINAL CoURT-Judgs Fisher. - This
court was engaged yesterday In the trial Of
the following cases;
CASE OF RAPE.
Arthur Moseaue, indicted for a rape upon
Mary Newman on the 22d day Of August,
1869. District Attorney for prosecution; II.
| Norris for defence.
The evidence showed that Moseane, a COL
orcd youth OF some nineteen years Of age,
was employed as blacksmith's apprentice.
| The blacksmith had adopted Mary Newman
as a daughter. She lived In his house, and
had arrived at the age Of eight years. Mo-
| seanc was left at home with her one day In
August last when he committed the outrage,
INJECTING great injury upon her person, aud
poisoning her system at the same time with
horrible disease. Tho statement Of the
little girl, Of DR.. William Lee, the physician
who attended her, aud OF others, proved
the facts detailed above, and the accused
was convicted.
THIRTY YEARS IN THE PEsITESTIARY.
Judge Fisher, after noticing the horrible
nature Of the crime and the utter depravity
OF the convict, sentenced him to be i'm
prisoned In the pcnitentiary at Albany for
thirty years, that being the extreme sentence
| OF the law. Judge +. expressed the wish
that he had power to pronounce q more
severe penalty.
Patrick Callahan, assault on Iguatius
| Tilman on the Sth day OF August last. Ho
| plead guilty.
| George Watson, assault on James Orr on
| the 2Sth Of August last. He was convicted.
| Cahill for defence.
John Green, assault with Intent to kill
| Ezekiel Smith on the 7th Of September last.
| He was acquitted. Brown for defence.
| Emma Farmer, larceny Of pair OF shoes
worth $3.50 from George A. Haske on the
LIST day OF September last. She was found
guilty and sent to jail for ten days. II. G.
| Speake for defence.
John II. Bowie, indicted for stealing $3.50
| from Angelo Ghissicllli on the I'd OF Septem-
Dor last. The District Attorney declined to
| prosecute further In this case.
The following cases are set for trial to-day:
Plnkuey Nelson, Jas. Brooks, Moses Stew
art aud David Proctor, for riot; same, as
sault with intent 10 kill; j. P. Nebesky, en-
bezzlcment; Andrew Chapman, petit lar
| ceny; R.Cole, sodomy; Jas. Burnett, sodomy;
Jane Jackson, assault aud battery; b. d.
Campbell, larceny; same, larceny; William
| Thomas, larceny.
The court then adjourned until this morn
| ing at 10 o'clock.
SPECIAL TERM-Judgc 0lin.-The follow
Ing cases came before the special term yes
terday:
Gait tS Bro. VS.. Thompson. This Is an
| assumpsit on q promissory note aud money
for 81 1901. alleged to be due for the purchase
Of service Of silver and other merchandise.
The defendant filed special plea settling
out that the note was without consideration,
and that with the exception Of goods to the
value OF S75 none Of tho property, the value
Of which is sued for, had passed to the pos
session of the plaintiff. An affidavit was
filed setting out that the silver service was
| tain manner, but was not to be delivered
until after the payment OF the note. The
note not having been paid, Gait & Bro. still
held the goods In possession.
| Mr.. Perry, for the defence, moved for
Judgment notwithstanding the plea.
Judge Olin sustained the motion. He
said that the rules OF the court contemplated
staying proceedings only when the affidavit
set forth matter Of fact In defence. This
affidavit merely set forth a conclusion OF
law, viz that the property had not passed
to the defendant. This was not sufficient
under the rule. The court would therefore
direct Judgment TO be entered.
r.. Ross Perry for plaintiff, and Cotrell
for defendant.
Angus & Lewis vs.. Cox & Cox. This Is a
bill for injunction seeking to restrain the de-
PENDANTS from prosecuting at law an action
| OF ejcctment, and to declare the true mean
ing OF q certain contract. Moore for COM
plainantsi Bradley for respondents.
Judge Olln gave the Judgment OF tho
Court Diminishing the BILL He said that the
papers In this case showed that Mira. Cox
and her daughters had In 1854 leased to An
gus i Lewis, for ten years, q lot In the
northern section OF the city, at certain
rent, with a covenant that A. & L. should
erect thereon building worth $1,000, and
at the conclusion Of tho lease Tin 1870 to
have right to purchase the whole property
ut 1900. They did not erect the building,
and thereupon Mrs. Cox notified them that
she did not consider the covenant to sell at
$4,000 binding. The rent not having been
paid, she also brought an action Of ejectmcnt
to turn them out Of possession of the lot.
Angus IL Lewis then apply to the Equity
Court to enjoln said ejoctment suit and to
declare the obligation Of Mrs. Cox to convey
at the end of tho term for $4,000. This
Judge Olin thought was an "amusing" ap.
pllcatlon. 1t was not set out that the rent
had been paid or that there was any purpose
to erect the building, and yet the Court was
asked not only to prevent the lady from get
ting back her property, but also to say what
she ought 10 do In 1874. |. was contended
that the covenant to build was an independ-
cnt contract, for breach Of which the remedy
was at law.
Judge DIN said he thought the contract
a dependant one, part OF contract Of lease
and of the agreement to sell, and not sepa-
rabe. 1t would be ridiculous for him to de-
cree now what Mrs. Cox should do In 1874.
He therefore dismissed the bill with costs.
Mr.. Merrick gave notice Of an appeal.
Darlington VS.. VIM. Washington. This
Is bill to set aside deed alleged to have
been In fraud of creditors. The case was
argued by Messrs. Riddle, Adams and W.
Y. Fendall, and held under Amusement by
the court.
Adjourned.
SUPREME CoURT OF THE DISTRICT OF Co.
LuMBIA.-This court met yesterday morn
Ing, pursuant to adjournment; present,
d. X. Carter, Chief Justice, Andrew Wylle
and A. b. Olin, Associate Justices.
ATTORNEYS ADMITTED.
On the motion of Mr.. Brown, Geo. B..
Vashon, Of the United States Supreme
Court, was admitted to the bar of this court.
On motion Of Mr.. Thompson, II. b. Milans,
ofthe Supreme Court Of Penn, was ad-
mltted to practice. Mr.. Mussey, moved for
the admission of James s. Edwards, Chas.