Evening star. [volume] (Washington, D.C.) 1854-1972, 1871-02-09
THE CAURra

POLICE Court TO-DAY, JUDGE SR.n-.iohn
FISHER, a small boy, charged with the larceny
OF SIX cash weights valued at 9 Jo; proceedings
suspended aud the boy sent 70 Reform School.
Thomas Hines, charged with committing an
assault and battery on Mary Albright; this oc-
Cured In dispute over the ownership TO
trunk; fined - and costs. He " as also charged
with using profane and indecent language. for
which he was required to pay -. Philip But
valued at SIS; fined $40 aud costs, or three
months in jail Mary Smith. charged with
being a prostitute; fined So VIM. Ksuwick,
charged with committing an assault on William
Sswel; fined $40 and costs. Bridget Welch,
charged with disOrderiy conduct; fined IS, or
ninety days in wOrshouse. Henry Thompson,
charged with stealing call bell valued at 81
from the rooms of the Christian Association:
fined So, or thirty days in Jail. q. ID. st. Clair,
charged with making use OF profane and inde-
cent language loud enough to be heard in the
street; fined 81. John Davidson, charged with
selling liquor without license; fined S2n. Henry
Wood. colored, charged with stealing a guard
iron valued at -, tined SO or Jail thirty DAYS.
Mary Hawley, disorderly conduct in George
town; hned 50, er thirty DAYS in Georgetown
workhouse. John Reed, colored. LARCENY OF 81.
fined 50 and costs, or thirty DAYS in Jail. George
Robinson, a cOlored boy. charged with larceny
OF SIC from huckster in the mar et house:
bDed SO and costs.
TIE CASE OF s.. Fl. HENPsToN DISMISSED.
L. ). VS.. 5. n. HempstOn, charged with OBJ
tanning money on false pretences. Judge Smell
made his decision this morning Is follows: To
sustain this prosecution il is necessary to allie pc
and prove: LIST. Intent TO defraud. "a. That
a fraud was perpetrated. Sd. That false pre-
fences were used. ith. That the false prctsnces
used were the means by which the fraud was
committed The warrant and complaint do not
show to whom the check belonged IL il WAS the
property OF Burson, the complainant, il should
have been so alleged. an allegation OF owner
ship is necessary because otherwise nobody can
he defrauded. This check was committed BY
Bnrson to Hempston for collection. Burson could
not readily collect il and Hempston agreed TO
fn
Burson endorsed the check as follows 'Pay to
). ID. HempstOp." This endorsement was nee
essary TO secure the collection and as a guaran-
toe that the prior endorsement was regular.
The agreement OF Hempston was to do some act
IN THE future. 1t was q contract OF covent.
IheIe was no false representation used.
whether the meaning or the statute or George
upon which the prosecution rests The defend
ant collected the check, as he agreed, but
claimed TO hold the amount TO offset claims he
had gainst Burson. 1.-THE check was the prop
erty OF Burson this act of the debt would not be
criminal, and if the check was not the property
OF Burson it could not be more than a breach OF
Iusf. The check was committed TO ilempeton
by Burson because Hempston could do what
BureOn could not. BursOn was not induced TO
part with his check by reason Of any false pre-
fences but simply because he thought Hemp
ston could promote his interests. VI he mis-
judged and trusted an irresponsible person il is
not case for . criminal prosecution but the
party has remedy IN the civil court. ANY as
suTance in relation TO the future NAV be a
promise or covenant, but cannot enount to a
statutory false rretence. Upon all the authori-
ties the case must be dismissed.
THE HOTEL CASE.
John W. HaDm0re. the proprietor of the
hrkWood House, and II. Brink, clerk, charged
with making thereats of personal violence, &c,
against Ii. Mackall, Jr. Mr.. Brink was put
under 500 security to keep the peace. Judge
Smell remarked remarked that such treatment
was not what boarders of hotels should expect
from prOprietors, and that Mr.. MAckal could
bring an action against the proprietor, Mr.
hanmore for respass, for breaking into his
rooms and removing his baggage.
CIRCUIT Court, To-pAY, ypdo. Coryf,r-
George * Co at. Ferguson ct al; verdict for
rlaintiff