The national Republican. [volume] (Washington City [D.C.]) 1866-1870, 1870-01-07
the CORPORATION DEBTS
THEY MUST BE PAID
TIE COURT RULES IN THE CASH
ANOTHER SEIZURE YESTERDAY

In the Circuit Court yesterday morning q
motion was made by the corporation attor-
ney for a new trial In the case Of Gullek 70.
The Corporation Of Washington. In this
case q verdict was rendered for the plaintiff
in the sum Of about 1880. Judge Cartier
listened attentlvely to the arguments OF tho
attorney, and finally remarked that the trial
OF the case had been conducted fairly, and
the fact that the corporation was Indebted to
the plaintiff was incoutestably proven. He
therefore overruled the motion for q new
trial, and hoped execution would Issue I'm
mediately. The corporation had perfect
right to refuse to pay bill against them
but when they came Into court they must
take their chances with any private citizen.
Il was disgrace that the corporation should
attempt to evade the payment Of Its just
debts by mere bubbles, which but prolonged
the day OF final settlement, and did not
change the verdict.
He was determined that frivolous motions
should not be entertained to the detrlment
Of honest creditors who had been forced into
| litigation to obtain their dues. This out.
| burst from the chief Justice caused q look Of
blank establishment to appear on the coun-
tenances Of the corporation officials present,
i Wnllt tue Vi tuN bhA lhuAlkoh III n
/ broad grin. II was with difficulty that a
number Of creditors Of the corporation, par
/ ties to similar suits, who were In the court
room could restrain their hearty outlaws
\ until they had passed the portals Of the
temple Of justice.
Armed with the strong arm OF law, County
/ Constable .. Klmmell entered the Office Of
Mayor Bowen yesterday afternoon at ?
o'clock, and served an execution In favor Of
| Washington o. Berry, on Judgment and
costs Of t24.09, due said Berry for certain
goods delivered to the corporation. This
| execution had been In the hands Of several
other county constablos, who failed TO do
their duty, when the papers were with
drawn aud placed In the hands Of Mr.. KIM
nell.
In discharge OF the duties Of tho latter
officer, he obtained an interview with Mr..
| Bowen yesterday, and amer Informing him
Of the objects Of his visit, the Mayor re-
| quested Mr.. X. to receipt the execution and
| leave the papers with him.
The officer said that II would not be In his
power to comply with the request, as the
execution was a matter OF record, and could
not go out OF his possession.
| The Mayor hesitatlngly gave check for
! the amount involved In the suit, Informing
the lrreprosslble officer that his messengers
would receive instructions not to allow him
(KlmmelD to enter his office again.
The officer bowed and said he would call
again when duty required.
| Mr.. Bowen remarked, as he len the ofilee,
that 'thero would be moro gossip for the
newspapers 10 few days, as he lntendod to
attend TO his (KlmmClps) case, at the same
time handing the oiiicer the following no.
tlcc
wA.aitaTSs, ). ., isa. !. i'6
You are hereby notified to leave the room
yoqq Srs now occupying u ne TI Nal -.
The Messrs. Kimmell occupy room il
the east wing of the City Hall building
THE METROPOLITAN hAILRoAD NUISANCE
The trial Of the indictments against TIT
Baltimore and Ohio Railroad Company, ant
Murray, its agent, for nuisance In obstruct
Ing the streets with the track Of the Metro
politan railroad, was resumed by the Criml
nal Court, Judge Fisher, yesterday morning
The plaintiffs called William Forsythe
Andrew Gleason, Stephen Tally and Lieu
tenant Eeklod, OF the police.
The Arst testified as to the topography o.
the ground near the obstruction complained
Of, the nature Of the obstruction, &c.
bitches and tho others to the fact that thu
obstruction existed.
Inc prosecution lhen closed, hnu tn
court took a recess.
Upon the re-opening Of the court, the de
fence opposed certain acts Of the corporation
Of Washington TO encourage the Metropoli
tan railroad, and also an agreement, slgnet
by John W. Garrett, accepting the act Oh
the part Of the Baltimore and Ohio Rhilroar
Company.
Robert Murray then testified as to tn
manner In which the road was constructed
He testified that at frst 4 small temporar
embankmeut, with a ditch on each side
was IalaCd ~, SLS s's'sl ts~i-J L~t th
bitches were within the line OF the true en-
baukment, and were covered In as soon n
the embankment rose to the level Of the tru
grade Of the street. There were certain M
tural bitches across the road track. Som
OF these were trestled, so as 10 permit na
tural drainage OF the contiguous hills.
Both sides then offered prayers for the Ia
struction Of the jury, setting out the law G
the case as understood BY each of then
The substance OF the Instructions ls set on
In the opening arguments Of the counsel
published yesterday.
The Court will charge the Jury to-day.
Adjourned.