The national Republican., 1869-02-18
THE COURra.

THE COURTS.
CRIMINAL CouRT JUDGE Fishsr. - This
court was occupied yesterday as follows;
TIE PATENT orTIck ASSAULT CASE.
Dempsey, charged with an assault upon
General Duncan, Of the Patent ONCE. This
case has already attracted some attention,
and many OF the details connected with II
have been before published In this paper.
Upon the opening OF the court yesterday,
counsel proceeded TO argue upon the plea
filed by the defendant that he had already
been called to answer the same charge be-
fore Justice Walter, and had been punished
therefor by fine.
The defence insisted that 10 hold Dempsey
again responsible for on act for which he had
already been once convicted and punished,
In accordance with the laws Of the District,
would be In violation Of the first principles
Of the law. Tho law upon which this plea
Is based IL as follows
"That when any person or persons shall
be arrested on q warrant for committing an
assault, or an assault and battery, or an af-
fray, ISSUED on the complaint OF the party
injured by any justice Of the peace Of said
District" . s'eyery such person or
persons shall be taken before the justice
who issued the warrant, or II absent or
otherwise incapable Of acting, then before
the nearest other Justice In this District, and
he and they shall be admitted TO plead
guilty to the charge preferred, and the said
Justice before whom said plea may be pleaded
shall have power, and he Is hereby author
lied, to assess such fine or penalty as is au-
thorized by law, and enter judgment therefor
against the person so pleading guilty and for
costs, and issue execution thereon as In civil
cases"
The prosecution, which had filed a replica
tlon to the plea, contended that the statute
relied on did not apply to this case. The
statute evidently was not intended TO allow
offenders who had committed assaults and
batteries, however aggravated, TO relieve him
self from all other punishment by merely
going before Justice and submitting TO a
fine. Congress could not be supposed TO
have intended this. The statute being In de-
rogation Of the common law, must be con-
strucd strictly. Now this statute provided
that where the defendant was arrested on a
warrant issued "on the complaint Of the
party Injured" the Justice might take the
Jurisdiction conferred by the statute. Other.
wise no Jurisdiction was conferred on the
justice. Now the plea In this case did not
allege that the warrant on which Mr..
Dempsey's appearance before Justice
Walter "was Issued on complaint of the
party injured"
The Court instructed the Jury that tho
plea did not come within the terms Of the
statute, and the jury, therefore, rendered a
verdict for the United States.
After the rendition Of the verdict the
Court announced TO the defendant that he
would be authorized to plead over which he
declines to do, but pleads nolls eondendert
Chat he will not further contend,) and
thereupon the Court proceeded to examine
the witnesscs-the defendants rescrying an
exception to the Courts decision upon the
plea.
The case then came on to be heard on the
evidence, whereupon the prosecution called
General Duncan, the party assaulted, and
Messrs. Reeder, Sawyer, Grinnell and the
messengers, Chinn and Waugh, for the prose,
eutlon, and Mr.. W. c. Mcintyre for the de-
fence.
The evidence showed state Of facts sub,
stantially as follows Mr.. Dempsey, about
Q o'clock, on the day Of assault, called Gen.
Duncan to the door Of the chief clerks room
at the Patent Office, showed him certain
letter which was published In Senate docu.
ment, and which contained certain state.
ments derogatory to the veraclty Of Mr..
Dempsey's oath, and said to him "Look at
this; did you write that 2" whereupon he
| handed the book to Gen. Duncan, who bent
down his head to look at 1t, and said, at
once, 81 did," when Mr.. Dempsey drew O
whip and struck Gen. Duncan twice over the
head, the latter falling back somewhat, but
quickly recovering, seized Mr.. Dempsey b,
coat or shoulders and fell with him to tn,
floor, about this time striking him a blow
As persons quickly came up, and while tn,
parties were down, or going down, Dempse.
struck Duncan with the butt Of the whip
They were parted, and then Dempsey eurset
Duncan, the precise terms of the vitupera
tion being stated differently by witnesses.
| When the defence called Mr.. Mcintyre
Mr.. Cook questioned him In q manner whicl
he avowed was for the purpose Of showing
that while Gen. Duncan fought In the UnioI
army the witness hnd been on the opposit
side. tsensation and laughter.l
Judge Fisher said this practice OF "sneer
ing" would no longer be tolerated In tn
court. He directed the marshal to arres
any one who should be guilty Of It.
| The defence also called several wltnesse
to establish his character for peaceable dc
meanor hereto fore.
Judge Fisher announced that he woul
give his Judgment In this case tomorrow.
INDICTMENT AGAINST WARDEN HUEsTIs.
The grand jury presented two bills OF In
dictment for misconduct In office agalns
VIM. II. Huestis, warden Of the Jail; the frs
for allowing Samuel jackson, a prisoner sen
fenced to Jail for thirty days for stealing
pistol, to escape before the close of his sen
tence; and the second for allowing Anthon
Bundey to escape In a similar case.
Adjourned.
CIRCUIT CoURT-JwiJe Cartier. - Thi
court was occupied us follows yesterday;
Hathaway VS.. Hoover. Leave granted h.
amend plcadings.
Pfeil Il Co. VS.. Shrievc. Appeal ordere
TO be docketed and dismissed.
Richmond and York River Railroad Com
pany vs.. National Bank Of Metropolis.
This case occupied the major portion Q
the time Of the court, and was not con
cluded.
Adjourned.
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