Daily national Republican. (Washington City [D.C.]) 1870-1872, 1870-01-24

IL. W. dhfulneI ~ VI
Alice Cave, giving Bond in $500.
A number Of small accounts were fled and
approved.
Adjourned.
CRIMINAL CouRT Judge Fbhsr.- This
court held short session on Saturday.
NEW TRIAz. IN NANHLkuoHTBR CASE.
In the case Of Samuel Van Buren,, con-
Vlcted Of granddaughter, In killing lad on
the riverside last fishing season, by striking
him with stone, Mr.. Hlne moved for
witness would prove that the stone thrown
by the convict never struck the deceased.
Judge Fisher set aside the verdict, revoked
tho sentence (threo years In the penlten-
tlary) heretofore passed, and granted a new
trial.
BALTIMORE AND ONO RAILROAD FTsED
TwMTI.FIvh HUNDRED DOLLARS.
In the case Of the Baltimore and Ohio
Railroad Company, convicted OF nuisance,
In maintaining their tracks In the streets OF
the city, the company was fined VI 800.
The same company, In the Metropolitan
railroad case, was fined Vi, 900.
Robert Murray, agent Of the Baltimore
and Ohio Railroad Company, convicted Of
maintaining the Metropolitan railroad nuls-
ancc, was fined nominal sum Of slI cents.
VIM. Shaw, Randall Bowie, VIM. saun-
ders, VIM. Brown alias Spider Brown, En-
nett Tasco, Henry Hammond, Theodore
Clark, Isaac Walker and VIM. Warren, con-
ylctcd Of assault with intent to kiIl ofncer
LAWYER, were sentenced 10 the psulteniiary
Rs follows Shaw years. Bowie, Brown
and Tasco, 9 years and months eachi
Saunders, Hammond, Clark, Walker and
Thomas, years each.
\ The court then adjourned for the term.
~
SUrREMB CouRr-gBNHRAB THRN.--All
tho Judges OF the Supreme Court sat IN bdnc
yesterday for the trial Of appeals.
Boyle vs.. orsary. This case comes mp
upon certificate from Judge olln, holding
tho Equity Court.
The facts Of tho case, as explained In the
abstract Of the pleadlngs, are that on New
Years., 1884, Boyle conveyed 70 trustees 70
secure W. Magruder 1880, two years AFTER
date. In July, 1907, the trustees sold the
property, (lots and 2, In square o34, near
the Baltimore depot,) In one lot, for 50
cents per foot, TO O'teary. The plaintiff
claims that the deed OF trust con Veyed only
a life estate, whereas the trustee Is about 10
convoy the fee simpler AAd that Il was q
joint trust which the survivor was not au'
lhoriSed to execute, iunSmuch 40 there was
q special trust and coundsnes reposed In
each trusteei that the terms Of sale were "a
whereas the terms Of sale were unusual and
severe, (belnE one third cash, and balance
in three and six months,) and such as had
q manifest tendency TO dspreciats the prop
erty and exclude all but capitalists from
participating In the salo-the property belng
worth eco, 900.
That at the tlmo Of the sale Of lot l, Mar
Lansburgh, who purchased II at ffty.seVen
aud ono half cents per square foot, wa.
allowed to withdraw his bid without consent
Of others interested, that the trustee did mol
act for the interest Of all concerned In offer.
Ing lot /, the less valuable, with the priv
lege Of lot Q, the moro valuable, at the samC
price; that the price (65 csnts) was grossly
inadequate, the same being worth $3.50 poi
square foot; that tho sale should not have
been made until after division Of 90 lArgC
a tract Of land, and was made In August, an
unpropitious time; that O'LoaTy, the pur'
chaser, had notice Of all these sIeosses o.
authority and improper proceedings on III,
part Of the trustee.
The answer Of O'Loary admits execution
| Of deed Of trust and sale, and his purchase
| that he has paid $50 deposit and been ready
TO comply With the terms Of sale, but de-
MES all knowledge Of any arrangement fol
extension oftime, and that the terms OF SALE
wero unusual or severe, or that the SAINT
was made at an unpropltious time OF tn
year. He admits that lot No. was wortl
slightly less than 2, but AVers II was tn
best way TO sell; asserts that he 10 . bon
,fis purchaser, without fraud, and 10 pro
tected, and denies all knowledge that th
trustee exceeded his authority, and tina
mere inadeduacy Of price Is no ground to an
null the sale. '' a
The plaintiff, 10 sustain his bill, prove
by James Crutchett, N. P. CallAn, John L
Callan, r. NJ. Hall, W. Fonythe, ".
williams, that II the deferred payments hal
been extended four times a. long the prop
erty would have sold for much more Tn
testimony Of the following persons was ais
introduced 10 show that IS cents was gros
lnadequAcy Of prlcei ]. CTutchet, e1.60i @
L. Walter, ti.25j n. Cellan, more tina
Sl.6O; J. r. CRilan, ei.b0j X. M. Hal
more than S1.50; Q. b. Cluhkey, t2i v
Forsythe, $780, W. D. Williams, el.60i !
Giles deposed that he was able and willin
to pay t1.6o for tho ground.
Messrs. Merrlck, Ennis, and Phillips al
peared for the plaintiff, and Mr.. DAyidge 4
tho defendant, The court held the cal
under adTlsement.>S
| COUNTY.
James Edwards and John Q. BrAwnl
were appointed county constables. ..