Evening star., 1869-12-31
Company I'm she Criminal Co1rt.

CRIMINAL COURT, judge Flshsr.-Yestertisy,
after our report closed, Mr.. Cook opened for the
defence by enumerating the subjects touched
,Sndd the ssveh eve counts OF me adlSsIent He con
the Indictment the free use az the public high
way was Obstructed BY the railroad company in
the manner laid in the Indictment, and was
public nuisance. The acts governing this case
were those Of March 2, 1881, March, 1885, and
the ordinance of the city OF April Q, 1885.
Mr.. Cook discussed the law of the construc-
ton OF statutes, urging that q law relating to
private corporations should be CONSTRUCTED to
give he largest benefit to the public, and all
doubts cast in favor of the public, and pro-
ceeded to inquire the meaning OF the laws re-
ferring to this case under the point of view laid
down iIt the decisions. He quoted the char
tiers OF the city authorizing the Councils to keep
open, repair streets, &C., and followed this by
wells Digest.
He argued that the only power the railroad
had Was to use streets and alleys, but had not
structed on Delaware avenue and across Massa-
chusetts avenue. No power is in the city to
allow railway upon an avenue. The power
was only to construct" and this dn not
authorize the use of the main body of the street
or ITS exclusive use. But il must construct on
the present grade, !" or another grade ''agreed on
by the city," Ihis power did not authorize the
city to allow the use of the avenues or to destroy
the grades then existing, and when it undertook
to do so in 1885 the city ordinance was void ab
initio, and conferred no power whatever.
he examined the laws at length, and contend
ed that they had not been complied with, as the
law required the track "not to impede travel or
transportation" Yet the evidence showed that
this section had been constantly disregarded by
this imperious monopoly. The act of 1881 au-
thorized the road to be constructed along streets
and alleys, and not upon lots. The act Of 1885
and repealed all acts inconsistent herewith.
Now the location of roads on streets and alleys
was inconsistent with the act of 1895, and there
fore the right OF passage along streets was for
hidden by IL.
This morning Mr.. Cooke resumed his argu-
ment ON the prayers for instructions, quoting
largely from The laws of Congress ana the acts
OF the corporation in reference to the road, and
claiming that the road has not fulfilled the let
ter of the law.
ELECTION OF OFFICERs.-At meeting of
Mcpherson Post, No. 6, q. A. r., held last eve
ming at Grand Army Hall, the following officers
were elected for the next ensuing term: Geo. X.
Walbridge, Post Commander; Louis Morrell,
Senior Vice Commander; A. q. Bliss, Post Ad-
lutant; X. Springsguth, Post Quartermaster; H.
Webster, Officer of the Guard; James Garvey
Chaplain; jas. GOtthef, Surgeon; Peter Pruess
Sergeant Major; VIM. Ruess, Quartermaster
Sergeant; f. l.. Wright, Delegate to Encamp-
The Mount Vernon Lodge, No. s. Knights of
Fred. G. Newman, W. c.; A. j. Cummings, V.
e.; y. Q. kemon, V. P; p. Bateman. F. s.;
John DaughtOn, X. s.; Robt. JOrdon, Banker
Damon Lodge, No. Is, Knights of Pythias, has
elected the following officers: w. c., III. =. Cat
tel; W. V. c., Charles W. Worrell; II. s., Chas.
ht,n. n; Duyal; +: s,W: MsCarter; W. B., William
ker, j. X. Knox; V. p, j. L. Knox
At the last election held at Elijah Lodge, No.
90, !! .. b. b., Sunday, December 2Gth, the fol-
Julius Pach,y P; Jacob Hirsh, r. s.; j. Kauf,
man, +. s.; l.. +. Levy, T.; G. s. Rosenbaum.
ASS Monitor; NJ. Oppenheimer, i. c.; William
Behrend, Trustees; S.WOlf, A. Adler, A. liable.
to District Grand Lodge, No. s
Seneca Tribe, No. II, 1. o. X. NJ, have elected
fhe following Officers: Venerable Prophet, VIM
amore, W. d. Davis; Junior Sycamore, j. r.
Knox; Keeper of Wampum, j. F. Maim; Chief
OF OF records, w. McCarter; Assistant Chief of
records, H. p. Cattell; Trustees, j. X. Knox,
VIM. Lewis, and III. p. Cattell; Representatives
TO Great Council, Chas. Thomas, G. ID. vii.
and o. I, Smith; Keeper of Wigwam,W w.
K Basford. ,,
TIE THEATERs.-The National was again
llled last night to see s'Jack and the bean
,Iak, , which doubtless would draw well for |
o-mOrrow night. Tomorrow afternoon a ma
NEE for ladies and children will be given, on |
vnieh occasion the price Of admission will be !
'lay farewell engagement at the National, |
commencing on Monday evening next
a, walls Opera House, Kelley & Icons Min
trel Troupe again played to a crowded house /
ast night. "The burlesque Grand Dutchess"
, The great feature of the performances of this
roupe; and Leon is immense in the title role. |
o-hlght, for his benefit, he presents the same
haIacter for the last time, and We sincerely
asise az VINO desire to see him in his finest i'm
wen 1o e affernonn .ad matinee a. ne, WIN be
he troupe VIII appear for the last time.
The HOUSE OF CoIRECTIoS.-The Govern
nent farm. about four miles above Georgetown |
nown as Dalecarlia, formerly the country seat |
Gen. Smith, of about 400 acres of land has |
al erected on it the house Of correction for |
oys, and at meeting OF the trustees-Messrs.
:. Sargent, (president,) Ii. d. Cooke, (treas-
reiD Denere Burr, (secretary,) W. B. Todd, |
,ichard Wallach, II. A. Brewster and Rev. b. |
!. Wiget-held yesterday, the board notified the
ecretary OF the Interior and the Judges of the
ourts that the establishment was ready to re-
eive twelve boys. The board have been for
lnate in securing the services Of Messrs. Howe
hio ot:te Reform School, near Lancaster, as |
This institution is just what is
$ eeaed mere, as is evIdenced from Tie nu. .
Doys from time to time arrested and allowed 4
escape, or committed to Jail to meet with and
- ,uure hardened ch aracters.
RIVER 'FRONT.' Harrey's Wsa5- Sailed |,
chr j. &. McShane, Capt. Gibbs, down light. |
Carriers Whayf.-Sailed-Steam Cathcart, |
Ross, to Georgetown to load for Norfolk.
Johnson's Wkarf.-Arrived-Schr.C Commodore |
;onnor, Gilmore, from Port Deposit with |
White pine lumber for Church s. 90.
Raey's Wharf.-Arrived-Schr. Packet, Capt. |
",
or market. Sailed-Schrs. Thos. Harris, BOs- |
nan; Ocean Queen, Chosen, j. A. Hooker,
Sears, down light. Oysters 20 cents to s1.j0 per
)ushel. |
GaIf's Wharf.-The steamer Columbia made |
ier last trip for the season yesterday morning.
The Thomas Cahill will continue to run all |
winter unless the ice in the river prevents.
The Arrow, Capt StackpOle, left for Mount
Vernon this morning with decks full Of passen-
gers.
POLICE ITENs.-Rachel Greenapple and Car
oline Merline were arrested by Sergeant Cor
man for indulging in regular set-t0 hight in the
Northern market, Justice Thompson tined them
s. cash and the case of Rachael Greenapple 81
additional for profane and indecent language.
Solomon Hammond was arrested by Officer
Roth for being drunk and dsorderly in the
Northern market, and was fined S5 and 81 costs
by Justice Thompson.
James Burnett was arrested by Officer Co
lumbus in the Northern market for the larceny
Of a shoulder Of bacon, the property Of John
Gotsinger, and was committed to Jail for court
by the same Justice.
MATRIMONIAL STATIsrICs.-Duripg the year
closing to-day, the Clerk Of the Court has issued
I SIG marriage licenses, Of which SO were to
cOlored couples. The number each month is as
follows January, 40 white, 80 cOlored; Feb
ruary, 113 white, 80 cOlored; March, 101 white,
IS cOlored; April, 122 white, % colored; May 136
white, IS colored; June, 11s white, 80 colOred;
July, 10S white, 81 col0red; August, 81 white, 40
colOred; September, 152 white, 81 colored; Oc-
tOber, 154 white, a colored; November, 141 white,
E colored; December, 164 white, % cOlored.