Evening star., 1870-02-26

TIE rouxrEExrH STREET srwEl CASE.

THE YouKrEENrH STREET sEwER CASE.
CIRCUIT COURT, Judge Caytter.-Yesterday,
In the case of Downing use Of Plant agt. the Cor
porztion Of Washington the counsel argued the
prayers until adjournment when Judge Cartier
said he would instract the Jury that II they ind
from the testimony that the PLAINTIFF, In good
faith, constructed and completed the sewer re-
ferred 10 in the contract between the plaintiff
and defendant in geed, substantial and per
manent mannef, and that the defen ant has and
d making use of 1t for the purpose of a sever.
same Is not constructed according to the S.,n.s
of the contract. IL they And that the r.,ss,sE
fu OF TIE Iarfaes in the issue before them vs was
~ wr...en contract and if
.-.e testimony further satisfies them that
the substantial terms Of that contract
are omitted and unperformed by the plaintiff,
in the absence of any proof Of the substitution
OF substantial equivalent performance of the
terms Of the contract, the plaintiff cannot re-
and the Jury must nd ioI the the
recover, the jury will not regard the warrants
as conclusive evidence of the completion Of the
work, or the part payment and the appropria-
ton OF the sewer to the uses Of the city az cor
the plaintiff, the rule of their verdict win be the
value OF the work, after having deducted the
amount paid. He would also instruct the jury
that II they believe that sewer work and mate
rial, for which this suit is brought is wholly in
adequate, and causes more expense than it
would cost to make new sewer, they should
a
verdict for plaintiff, they must be satisfied that
the sum already paid is not sufii cient cOmpensa-
ton for the work as now done, &c.
This morning, Mr.. Mcpherson argued the
case to the jury for the plaintiff, and was fol-
lowed by Mr.. Stanton for the defendant. Mr..
Cook Is speaking on the same side this after
noon, and Mr.. Moore will close the argument
for the plaintiff.
the will of the late Mary Childs, bequeathiny
certain property in trust for the benefit of Wes,
ley Chapel, was admitted to probate. The will
OF the late Townley johnson, bequeathing to
each of his four children a nominal sum, his
house and lot in square 579 to his grandson
Scipio Robertson. on condition he furnishes his
parents with home, and nominating Sampson
Nutter as hls executor, was filed and fully
proven. The executor named renounced his
right to take letters. Letters Of administration
with the will annexed, were issued to Ann s.
Parker on the estate Of James q. Walker; bond
s5O0. Letters Of administration were issued to
Z. ID. q. Lewis on estate of late VIM. j. Lewis;
bond $500. Letters testamentary on the estate
OF Z. U. Alexander were issued to Jane 4. Al
exander; bond So 900.
THE GEORGETOWN MANpAMUs.-It was ex-
pected that the Court in General Term would
decide to-day the case of Wheatley agt. the
Board Of Registration Of GeorgetOwn-applica-
ton for writ Of mandamus to compel the board
to place his name on the list of qualified voters
had been in the rebel service-but in conse-
quence Of Judge Cartier being engaged IN the
Circuit Court, and Judge Fisher being absent
from the city, the court did not meet and there
fore the case remains open. The members of
the board, as also quite a number of persons
interested in the question, were present at the
court room this morning.
CHARGE OF PASSING FRAUDULENT DRAFT
This morning, special detective G. W. Thomp-
son, on duty at the Arlington House, arrested
young man named Gordon Ripley on the charge
OF having, on the 18th instant, passed on James
L. Sargent, the clerk, q fraudulent check on his
father, w. Ripley, Of Chicago, for S1I4.l3, in
favor Of L. ROessle & Son. He was taken be-
fore Justice Walter, who committed him to Jail
for hearing.
The NATIONAL ASSOCIATION OF SCHOOL
SUPERINTENDRNTs will meet on Tuesday morn
ing next at the Franklin School Building, and
will hold sessions for several days, during which
interesting papers will be read and discussions
take place thereon.
PERsONAL.-Samuel w. Grubb, Esq, of At
lanta, Georgia, "a native OF this city, where he
served an apprenticeship at the printing busi-
Hess,) Is In town, after an absence of thirteen
years.
OPP FELLOWS of the Grand Lodge. Columbia
Lodge, No. 10, and Beacon Lodge, No. 15 read
the notices in our advertising column Of special
meetings tonight and funerals Tomorrow.
Big BKKF.-To-day Mr.. John Eagleston had
at his stalls at the Center Market, some very