The national Republican. [volume] (Washington City [D.C.]) 1866-1870, 1869-09-14
THE RTS


CRIMINAL CouRr Judge Fisher. - The
Criminal Court opened pursuant to adjourn
ment at the City Hall yesterday morning.
James Y. Davis was excused from service
as q grand juror, and George q. Thomas
sworn In his stead. The grand Jury recon-
mended the discharge from jail OF John
White, charged with petit larceny, and he
was discharged accordingly.
THE sCuURMAN CASE.
James II. Schurman was brought to tho
bar, charged with removing, on the Goth
day OF May last, from the Treasury build
Ing, "certain papers, printed aud stamped
and prepared In part to be put In circulation
on behalf Of the United States as circulating
notes Of banking association, organized
under the laws Of the United States, to wit:
eighty papers as circulating notes Of the
First National Bank Of Jersey City, each Of
the denomination Of my dollars, with intent
| to defraud the United States" The second
count states the same offence In different
| form.
There were three other indictments AGAINST
Schurman, two for passing counterfeit
money and one for larceny, but he was
brought up yesterday upon the Indictment
| first above mentioned.
District Attorney Darlington appeared for
the United States, and Samuel Philips for
the defence; Mr.. Riddle, OF the prisoners
counsel, being absent from the city.
Mr.. Philips desired the postponernent of
| the case until the return of Mr. Riddle. Mr..
i X. was very familiar with the case, and he
| (Mr. P.) did not wish to go on In his alb
| sence.
The District Attorney opposed the post
ponement Of the case, unless the accused
would bring himself within the rule which
authorized contlnuances.
Mr.. Philips supported his motion for a
postponcment, by filing the following afn-
davit,
"District Of Columbia, to wit. Personally
appeared In open court, James II. A. Schur-
man, and makes oath in due form, that
Henry NJ. Turner, q competent and credible
witness, who Is absent In the State Of Georgia,
city of Macon, and whose testimony Is ma
teral and competent In the causes now pend
! ing In the criminal court for the above District
wherein this afilant Is defendant; that this
afflant has used every endeavor TO procure
the attendance Of said witness, by causing o
subpoena to be issued for the witness, d.
rected to the United States Marshal Of the
, district wherein the said witness is resident,
and also, by writing individually 10 the wit
ness, who promised upon receiving notice to
attend as a witness; that this afliant expects
to prove by the said witness, that this de-
! PENDANT was not concerned In the larceny or
! abstraction Of the money charged In the In
dictment aforesaid; and this afflant verify
believes that the causes aforesaid cannot be
tried with justice to himself without such
evidence; and this afliant has q reasonable
! expectation and belief that the said witness
D will certainly be here In attendance on this
court, In four days from this date, where
= upon this afiiant prays the court 10 postpone
. the causes aforesaid to such time rs tho
: court shall, In Its discretion, determine to DO
. Just"
5 Mr.. P. also filed the following additional
!, affidavit;
"An6 at the same time this afilant further
makes oath that since the preparation Of
the aforesaid affidavit he has been credi-
:; bly, Informed by DR.. AT. Augusta that Mrs.
= Elizabeth johnson, a witness summoned In
q the above causes on behalf OF the defendant,
and who was resident Of the house of tho
defendant at the time OF the said alleged alb
4 straction Of property, and by whom he ex-
poets to produce important, competent and
IN material testimony In the above causes, that
!. the said witness is SO far indisposed and
. sick that her attendance In court this morn
= Ing would injure her health, and that II Is
). impossible for her to be here. That this afii-
y ant begs the Court to postpone the causes
. until such reasonable time as will enable
" this defendant to take the testimony in writ
ing Of said witness, under the act Of Con-
: grcss In such case made and provided"
An affidavit from DR.. Augusta Of Mrs.
"a johnson III health was also filed.
T. The District Attorney objected that the
u affidavit did not set forth with sufficient ex-
!, plicitness the facts that the absent witness
!. Is expected to prove.
10 Mr.. Philips thought that tic affidavit was
II. a full compliance with the Maryland statute
y In relation to continuanccs.
q After some discussion schurman was
~ placed on the stand and cross-examined by
~, ~ the District Attorney as to the precise facts
"a he expected to show by Turner's testimony.
y, Mr.. Philips objected to the line Of exami-
os nation. The accused could not be required
" to crlminatc himself.
JudUa Elabar did pot think lun diltuenrn
~ ~ had been shown to procure the attendance
n, of Turner. Sending subpGnas to Georgia
al four or i've days ago to get q witness for
IN this day was not due diligence.
Nv After somc further argument the District
~ Attorney consented, In consequence Of the
~, until Thursday next
i. Adjourned.
n DISTRICT CoURr-J,plgs Tytic.-Thc fol-
y" lowing order was made yesterday by this
court;
An Fahey Va. Brown. Order overruling mo-
n. ton to return attached property to defendant.
IT. Adjourned.
% Equity CoURT Judge Wylie. - This
III court was engaged as follows yesterday;
70 Parker VS.. Coyle ct al. Decree pro confcsSo
~ entered In this case now set aside.
''dn Busey vs.. Moore. Motion for injunction
W, oycrruled.
I'm Scrogglns VS.. kuhleman. Order dlsmissing
IN n the bill OF complainant.
h Luney vs.. Mexican. Order dlssolying In
ue junction heretofore made.
r.. DIVORCE CASES.
nh Mary Z. Owner VS.. James Owner. Thif
~, y" is divorce case In which motion for ali
~, mony had been fled Order overrulIng mo.
ro' ton for alimony during tendency OF suit aud
ali motion for injunction both oycrruled. This
az case for divorce, which was begun and re-
az, ,o ported In November last, still goes on.
,oa James Collins VS.. Mary Hayes. This Is q
Ia case (seyeral times before reported) In which
,ru q young man married an old lady while h,
was drunk, and in the same condition mad,
,rr her deed OF his property. We reported the
'N' setting aside Of the deed many months ago
The case came up to-day upon an appllca
RI. tlon for divorce filed by the Messrs. Fendall
at. Judge Wylic made an order declaring tn,
marriage null and void.
nm Adjourned.