The national Republican. [volume] (Washington City [D.C.]) 1866-1870, 1869-09-23
THE COURTS.

THE COURTS.
CRIMINAL CouRT Judge Fisher. This
court was engaged yesterday In continuing
THE TRIAL OF scuuRMAN.
Mr.. Riddle resumed his argument for the
defence at the opening Of the court. He
continued his analysis Of the testimony, con-
tending that they were but separate facts,
proving that money had been lost from tho
Treasury; that forged notes had been found
In certain banks; that an abandoned woman
had circulated counterfeit money In Georgia;
yet there was no single Item except the per-
Jury of tho woman, Marian Harris, which
connected the accused with the stealing of
the notes, tho forging Of the notes, or the
passing Of the notes. Mr.. Riddle spoke from
10 o'clock until noon, when he concluded
with an eloquent and imprisoned appeal to
the Jury not to suffer their hatred OF the
crime to cloud In their Judgment the limo
cence Of the prisoner, and to give him tho
benefit Of every reasonable doubt. Mr.. r.
was listened TO with great attention by q
crowded courtroom.
Amer a short recess Mr.. Darlington made
the concluding argument for the defence.
His friend, Mr.. Riddle, had asked II the
Government was not ashamed Of this case.
Yes; he was ashamed as an American citi-
zen, proud OF this glorious Governmenthe-
was ashamed that such O robbery could be
perpctrated on the vaults of the National
Treasury; as an officer OF the Government,
both In Its civil and military service, for
many years, he was ashamed that q brother
officer should have betrayed the trust re.
posed In him by the Government which
had carcsscd and protected him; as an ac-
quaintancc he was ashamed Of the accused,
whom he had known for many years; he was
ashamed that any man would be so cowardly
as to shield his villalny by seeking to ruin
an innocent woman and minister Of the Cos
pei. Unless the jury believed that the old
preacher, Turner, stole tho money they could
not acqut the accused. Mr.. Riddle had at
tackled the District Attorney and eulogized
Schurman. He was an officer. Schurman
was or had been an officer. Schurman had
stolen money from the Government and had
ample money to employ counsel and pay
them hberally-that was the reason. Tho
evidence linked the accused to the crime rs q
chain fastcns bull to tree.
Mr.. Darlington then unfolded his view Of
the evidence as link by link In bond the
prisoner In its chain conclusively proving
his guilt.
Mr.. Darlington did not conclude his
argument until the hour arrived for the
adjournment Of the court.
-
EourTr CouRr-Judgs WyNe.-This court
was occupied as follows yesterday
Poe ct al VS.. DeBow. This Is q case of o
suit in equity. There being infant defendants,
commission was ordered to appoint a
guardian to defend the infants interest In
this suit.
Essex VS.. Essex. In this case, under u
decree OF tho court, certain lot on High
street, In Georgetown, had been sold at pub
lie sale and purchased by one Mccormick.
McC. paid the purchase money In great part,
and few weeks ago potitioned the court 10
order the conveyance OF the estate to one
Moran, which was ordered. Now p. J.
Roche comes into court aud sets forth In O
petition that he holds q judgment for 81 100
against Mccormick, and II the conveyance
10 Moran Is allowed he will not be able To
make his debt He moved that the last order
be set aside. Judge Wyllo overruled the
motion.
A DIVORCE CASE.
Emma @. Henry vs.. John F. Henry. This
is an action for divorce from the bonds Of
matrimony, brought on the LIST Of May last,
and then reported. The petitioner represents
that on the 3lst of December, 1868, she was
united In marriage to the defendant by Rev.
John II. Parks, of Washington; that she
was then In her fourteenth year, and that
she lived with her husband until the LIST Of
September, 1865; that afterwards she was
again married to him In st. ,Patrlck's
Catholic Cathedral, In New York; but that
her husband has denied his marriage with
her and offended against his marriage vows
She therefore asks decree Of divorce. The
husband not having answered the bill, Judge
Wylie ordered that decree be made, taking
the charges to be confessed by the defendant,
and authorizing the plaintiff to take evil
upnpp. Ipnn pr0nf thu ALLAN tipna n do,
cree Of divorce will follow.
Ycates Il Selby VS.. Seltz. This case
comes up on exceptions 10 tho auditors re-
port. George Seitz bought real estate and
made deed Of trust 10 secure the purchase
money. That deed Of trust was never salts
fed. The proof shows that the entire pur
chase money never was paid. Seitz gave O
deed OF trust upon the property, and subsc
quently Judgments meIv Ubtiiuud asains,
him. The judgment creditors filed bill tc
subject his real property to the lien of the
Judgments, and the Court thereupon ordered
a sale Of the estate, and Il was sold accord
ingly, subject to the deed OF trust. The sun
realized was not sufficient to pay all the
Judgment creditors, and the case was re
ferred to Special Auditor Ingle, to report tn,
proper methods Of distributing the fund
The auditor reported In favor of dlstrlbu
ton to the judgment creditors by priority
Mr.. Philips Tiled exceptions to the audit
or's report, and the case was argued on the
exceptions by Messrs. Philips, CarusI, ant
Mattingly.
The question ut issue was, whether III,
assets In this case were 10 be distributed III
legal or as equitable assets In the first case
the judgments would have TO be paid accord
Ing to priority, and In the last all claim
would be paid pro rdto.
1t was Insisted on the one side that judg
ments were, In themselves, no liens on roa
estate, and that court Of equity would mo-
create liens, but would distribute tho fund
under It's control as equitable assets, accord
Ing to the maxim that equality Is equity.
On the other side, 1t was argued that when
ever trust estates were made by statute as
sets for the payment Of debts, such estates
were by the statute lpso taeto made loga
assets.