Evening star. [volume] (Washington, D.C.) 1854-1972, 1870-02-19

COURT IN GENERAL TERN.-To-day the Court
in General Term resumed its session, Judges
Cartier, DIN, Fisher, and Wylie on the bench.
Dainese agt. De Zeyk: Chief Justice Cartier
delivered the opinion of the Court Affirming the
decision OF the Court below, .(Equity,l Judge
Wylie, Diminishing the bill. This was q bill for
the sale of real estate. to satisfy claim Of cred
ifor, (d0wer in estate of her first husband,) and
gress giving married women the right to hold
property independent Of the husband settled
the case. The husband of the widow had no
equitable claim to the dover. Judge WylIe had
some doubts as to the act of Congress afr .,r,nu
the case, but coneurred in the conclns;ons
reading several autho. Iues In support of his
view. Judge DIN delivered dissenting opin-
ION,
the majority opiL ion of the court, REMINDING
the case to the court below for a new trial.
Judge DIN held that the landlords lien took
precedence over trust decd.
THE GKoReErowN ELECTION CASE.
The case of wheatley agt. the Board of Regis
tration of Georgetown (petition for mandamus
to have his name entered on list of qualified
vOters) was taken up in the court this morning.
and stated that demurrer having been filed,
the question was whether the amnesty procla-
nation restored to citizenship those who gave
aid and comfort to the rebels.
MI. Harrington (whO with Mr.. Cook appears
for the Board) read from the act of January Sth
1867 prescribing that to be qualified voter the
party must not have aided the rebellion. He
then read the proclamation of July, 1868, re-
restoring rebels to their rights aud property,
and proceeded to discuss the question whether
the right to vote was or was not political right.
Admitting the pardon of the President, the
question remained whether to deprive party OF
the right to vote was punishment The stat
ute deprives the petitioner of rights; 1t was
not penal statute, and if it was it would be er
post fGct0 and against the Constitution. 1t had
been held that deprivng man of the right to
vote was punishment. Unless the Court could
construe the act (registration act) as imposing
punishment he could not see how they could
grant the prayer of the petitioner.
Mr.. Riddle said it would be well to consider
the question of the power of the President to
issue general pardon. He read the preclama-
ton Of the President OF July, 1858, and that of
December following.
HEAVY DAMAGES AGAINST THE WASHINGTON
AND GEoRGETowN RAILROAD COMPANY.
CIRCUIT COURT, Judge Carffer-Yesterday,
the arguments in the case Of Gladmon AFT the
Washington and Georgetown Railroad Compa-
ny-actiOn for damages to a child-were con-
cluded, and Judge Cartier instructed the jury
as follows: "That the duty of the parties to
each other in the matter of caution must be
tested by the law. The child was to be held to
the exercise OF a childs undeveloped judgment
and caution, while the plaintiff was to be held to
the full measure of an adults matured judg.
ment. The corporation was created to move We
hicles along crowded thcrOugbfare. The prior
right of way along the thOrOughfare belonged to
men, women and children, of all grades Ofintel-
ligence, and the road must be worked with due
reference to this fact. But the company were not
bound to run their cars as if they ran in a COM
munity of blind or deaf people. 1t was not their
duty to furnish eyes or ears to the population
Each individual was bound to exercise proper
care in keeping out Of danger along the high.
way; and the company was to be held to nc
greater measure of accountability than the
machinery-the cars and hOrses-which the law
allowed them to use; admitted, of course, the
company must not be expected to stop a moving
car within the time or space in which an indi.
vdual could himself halt 1t was true, that il
the injury was caused by the fault of the child
he could recover no damages; but, in this case
the measure of the child's fault must be the
chld's capabilty of caution; otherwise no action
could be maintained for injuries to a child. In
other words: That the want of care on the par,
of the defendant, and care on the part of the
plaintiff, should be measured by childhood.
capacity on the one hand, and the capacity OF
manhood in treating with childhood on the
other" The jury found verdict for plaintiff
for $1,000. Messrs. Cox and Bradley entered n
motion in arrest of judgment, and the case will
go up on exceptions.
ORPHANS COURT, Judge Purceu.-TO-day
Mrs. Laura v. Blagden and Sillimon Blagder
obtained letters of administration on the estate
of the late Thos. Blagden; bond So, 900. Mary
l.. stephens qualified as guardian to the orphan
of the late 7. A. Stephens; bond $40 600. The
will Of the late James g. Walker, bedueathinQ
his estate to G. McNamee, in trust for hi.
mother was filed and fully proven.