Evening star. [volume] (Washington, D.C.) 1854-1972, 1872-10-21
TEngG To ESCAPE THE DEaIR PEsMTf.
Motion To Suspend sentence i'm the
Case of barney Woods.
Application for Mandamus Filed I'm
the GenerR, Term.

Application for Mandamns Filed I'm
the Generni Term.
This morning. ia the criminal court, (Ju ige
Humphreys,l Mr.. \. q. Riddle, counsel for
Barney Wood, sentenced on Saturday last to be
hung tor the murder OF Samuel ". Cheeseman
IN August last, appeared and made the following
mot o.:
And now after sentence comes the defend
ant aIG moves the COyrt 70 postpone the fiuaI
exec uttOn Of said sentence % a reasonable time
beyond he next general term OF the supreme
court for said District, 20 enable the defendant
70 Apply .or "A wTit Of error 10 remove said
judgment and case into sal! general tsrn for
examination and final Judgment.
Signed BAEsEY wooDs.
A. &. RIDDLE, OF counsel"
To tie Co,,-5 The above motion and applj-
cai"u = under the 9th section OF the act OF July
= is. 5th ~tats- 3Uj, lst BIignty 10 section S.
4 his statute L Te-empt0ry BY the 81 Clause OF
stats, az, "a Brightly 15G: the court in general
term has all the powers OF the old circuit court
wL'e the judge Who holds the criminal court
has the powers and duties of the Old criminal
court. am preparing papers in absolute good
tsIih To prosecute the case further and feel con-
strained TO make and urge the above applica-
ton Respectfully,
lSignefl- a. G. RrrDLE, for b. Woods.
NJ. Riddle briefly argued the point, and Mr.
Harrington replied that tie proper course WAS
error.
Judge Humphreys said that there could be no
d"abt but the course suggested by the District
attorney was the proper one, and he therefore
oyerruled the motion.
II GENERAL TERM.
Mt. Riddle few moments after appeared
before the court IL general term and filed the
fol, wing motion
'-EN Psrte Barney Woods: Petition for man
damus--The petitioner, Barney Woods, comes
and respectfully shows that on the tenth day of
October instant ne was, e. he IL so informed aud
believes, enormously convicted of the crime OF
murder in the Criminal Court of said District,
her in Synl Nh FL III
phTeys was at the said time the Judge. That
aiteIwards-tO wit, on the 18th day OF said DC
tObeT-and before sentence, ne filed the follow
ing motion and afhdavits In said court for q
new Trial OF said case. Here follows the mo-
tiOI- That the said motion erEards on the
19tii inst, came on for A hearing in said court
stu in session. before said Humphreys upon
which said hearing same motion and same an
dOVlts were, aid the sole proof, evidence
anC sXhibits, received, heard and considered By
Salu HUMPHREYS as said Iufge- That said mo-
ton, with authorities, were duly presented and
argued 20 said court by the counsel of the r-ti-
toner, and submitted, and thereupon, without
argument for the L. $, said Humphreys As said
court, OverTuled said motion in a written opinion
NheTeupon the counsel for the petitioner said
thst the defendant excepted to said ruling OF
the court, and v as about to ask said judge to
note an exception, when said judge declared
that be would sign no bill of exceptions in the
case, and said that the only remedy OF the ne
utOner was by application 10 the court in gen
eraI term tor a mandsmus tn compel him to sion
and allow bill of exceptions. And ther.upon
taiu Juoee proeeeIedt 10 pass sentence upon the
petitioner, and adjufged him 10 he hanged nv
the meek until dad Oh the 18th day OF Noven-
Der reNt.
The petitioner is informed and believes that
he has not had a fair and impartial trial. by
reason Of the prejuGgment, prejudice and bias
OF said Donaldson SET forth In said ali tayits
and that said motion ought 70 prev all ia law and
justice. That under the laws OF the land il il
his right 10 have SAID motion reviewed and sd-
judged IN this court, and that il is his right to
have Tue bill of exceptions signed By said
N wrNFtlr .r-S ok sa0.9.r
wholly without remedy. To this end therefore,
he Irays that the writ of msndamus NAV issue
out OF this court commanding said Humphreys
a Judge OF the criminal court, 70 allow aud
sign true bill Of exceptions. whereby shall be
made fully to appear exactly what TRANSCRIBED
IN said court IN the hearing aud overriding of
may he protected. trial by jury vindi Gated, aud
due administration OF laE be preserved"
Tie application was tled.
TIE THRATKRs.-Mlss Charlotte Thomp.on
and her play of q One Wife, in which she
appears AZ the National The .ter this evening
are favorably spoken OF by the northern nansTs
he play l. OF the sensational order and reDre-
sented 10 be interesting TO those who like That
style OF drama, and Miss Thompson is com
mended a q meritOriOus and talented artist
Patrons OF the National will have To iu !ye for
themselves whether this Is 50. IL is 10 be hoped
the company Will be An Improvement on those
which have preceded IL this season. Cool
dramatic and musical entertainments always
draw in this city, mediocrity fails.
additional attractions this week. but 70 prevent
disappointment We will state that the manager
has shown Us telegram from Mr.. George X.
Btown, the gymnsst, stating that he has had his
wardrobe stolen. and will not be able 20 replace
II and be here with Nm1le Emma, the ceiling
va Ser. until Wednesday. The manager Of this
Place OF Amusement generally performs more
VI an he promises, and the programme for to-
night Is a rich and varied one, containing q
large number OF new and interesting features.
EXCITING SCENE IN MARLBORO, MD.
Coz kT--A ITosecUtiEg Witness Going for a
HOsAington Latryer.-A resident of Upper M .rl-
bOro', Maryland, reports that unite an exciting
scene took place in the court house there on
Saturday last. A negro WAS being tried for as
eaut and battery on his landlord, Col WOODEN
and during the remarks Of defeniant,s conn,
eel, A. X. Browne, Esq. OF this city, the prosecu
nngwitness took reception 10 some words which
protection from the court or he would nrotsc.
himself, at the same time proceeding towards
the lawyer IN n demOnstrative manner He wa
prevented by his friends from infiieting blsvs
on Mr. Browne, who had conclE ded his defence
and after an sdmoniton from the court the bel
happy, as when Mr.. Brow ne left the court room
ne was engaged in writing q challenge 10 send
hin, but which was not received by Browne In
consequence OF the writer not being able 20 Ind
any one who would undertake 20 deliver IT.
DROWNED IN THE CANAL-Ths dead body Of
Jacob Angler was discovered in the canal. bs-
tween iith and 18th streets YESTERDAY morning
The coroner WAS notified, but deem cd an inques
~ - Case OF aCclQcnra
crOwnlng, and the remains were turned over q
The friends OF the deceased for burial. He wa
Ter many years confectioner on street. anC
Lately resided with his son-in-law, @. Eber. on
ID street, near 9th.
lSCKsDIARIsM-At o'clock last night Or,
was discovered in a house on II street north
between Sd and ith streets east. IL appears tn,
house was entered during the absence OF tn,
occupant, and q ire was kindled near the bed
The flames were extinguished BY two neighbors
WITHOUT much damage.