Evening star. [volume] (Washington, D.C.) 1854-1972, 1872-05-10
The PolInra.Lyou Cases.


IN poeket-books and diaries-sppesl from the
Patent Ofice-afiirming the decision OF the Of
fee.
The PolIard.Ly0n Cases.
ARREST OF JUDGMENT IN TIE sLANDER CASE.
Judge Humphreys delivered the following
opinion OF the court in the case OF Mrs. Pollard
against Jacob Lyon, for damages for SANDER:
We think that in the rulings of the circuit
justice there was no error. The motion in ar
rest OF judgment is heard in general term now
in the first instance. The words spoken by the
defendant, and charged in the declaration, are.
- saw her the plaintiff) in bed with Captain
Denly" IL has been settled that ssat common
Jaw words which, ii true. would subject the ac-
cused 10 infamous punishment, or to an indict-
in themselves actionable without averment or
PROOF OF special damages" The rule must
nave been so settled en- the ground that as
between men a charge made by one against
ahotheT could result in no serious injury, as a
general rule, unless the charge. if true would
subject the party of whom the words were
Indictment in which the public would be arrayed
against him. 1t may be true that. as a general
rule, man suffers no real damage from words
%hlch IL true, would not and could not be fol-
"eu py an Indictment and punishment. Be
the reason what it may, We find the rule and
cannot depart from IT. Rude as the gem
grafton mat established the rule may be
thought to have been, it probably did not
occur to them that the same rule would come to
De applied in a more refined age, so as TO protec.
the deiamer of woman's character from respond
ing in damages for the looseness of his tongue
or Ii may not have entered the mind that the
TINE would come when men could wantonly
assault the reputation of womans chastity But
we are bound down, manacled, by the stubborn
rule OF authority, and the remedvis by the lepis-
lative authority. The works in this case imnort
nothing else, legally or according TO the com
mon, Ordinary acceptation of those words
than a modest way of charging Illicit
intercourse between a man and woman
The more delicate and covered the charge the
keener the injury. When the defendant said
. looked over the transom light and saw Mrs
Pollard in bed with Captain Denty." who could
doubt his meaning? If the charge was tue
should be held to answer tor the wrong commit
ted 1t may be regretted that the rule in
ONO and Iowa is not the rule of the common
law as governing this. But we are bound Inv the
rule that the charge must be in words which If
true, would subject the accused to an indict-
ment. There is moral turpitude in the charge
mace: put the plaintiff could not be indicted
even II the truth of the charge was established
nor subjected TO injurious punishment The act
OF Maryland, OF lli9, removed the infection of
corporal punishment for fornicaton, and the
act or 1856 repealed all proceedings for the
punishment OF f0rncation. We think that we
are forced-however reluctant 70 do so-by the
mandate OF authority, to arrest the Judgment
JUDGMENT AFFIRMED IN THE CONTRACT CASE
Jucse cartier announced that the Court
afhrmed the Judgment below in the case OF Pol.
lard agt. Lyon-the contract case.
Other Cases.
Mcdonnell agt. Lilly; judgment reversed and
remanded 10 Circuit Court.
webb agt. Washington city; argued by Cook
for defendant and Payne for plaintiff. In this
case the pialnuh mad, as representative OF the
estate OF the late John p. Pepper, paid certain
taxes in the Office of the collector several wears
since, and 1t was claimed that the CITY did NOT
receive the money. The property was adyer-
used TOT sale, and plaintiff filed bin for an in
Junction, which was granted, and in the decree
the collector was directed to credit the amount
on MS books Mr.. Cook claimed that the de-
cree should be modified so as to strike out this
clause, as II would make them show a deficit
The court affirmed the decision OF the court be-
low. and modified the decree.
walsh agt. Thomas; argued by MesSrs. Love-
JOY and Hine. The point in this case vas
whether the horse and buggy of a real estate
agent Is exempt from execution, and Mr.. Love
JOY insisted that the law was not exclusively for
househOlders. Decision reserved
Cunningham agt. Grant. This is an &C ion
on promlss6ry notes, in which judgment was
ana an appeal was taken to the supreme court
OF the United States. Mr.. W. 2. Bell for plain
uni TOtten for defendant.
The case of Lane agt. Gibbons and Merriman
was next called; Gen. Butler for plaintiff and
Messrs. Merrick and TOtten for defendants
lie facts in this case are that Gibbons coa-
uacted with Lane and Merriman TO prosecute
a case in the court of claims, but il was found
that some legislation was required to give the
court jurisdiction, and Lane was TO procure the
necessary legislation and Gibbons to prosecute
lhe claim IN the court. 1t is alleged that Lane
failed, and Gibbons, by Merriman's direction
employed other parties to procure this legisls-
tlCn, ana succeeded, the case being decided in
FAVOR or Gibbons, who paid MerTman and his
assistants 70 per cent, but refused to pay Lane
The latter sued out writ of injunction against
The drawing of the money from the treasury,
but 1t was subsequently dissolved and the money
drawn; and the court ordered that Gibbons paw
Lane S3,OO0, and that Merriman be dismissed.
The defendant appealed, and Gen. Butler for
complainant moved TO dismiss the appeal.
POLICE COURT, Judge SnsI.-To-day, Eliz-
aoeth Herbert and Ben amin BOwser, charged
with profanity and drunkenness, were fined 81
each. Mary Sullivan, loud and boisterous lam
guage in Limerick alley; fined -. VIM. White.
drunk andtursing; fined -. John McCadden,
drunk and profane; fined So. Maggie Foster,
dlsOrderly OH Rhode Island avenue: fined 81
John ID. Wallace, colored, charged with assault
and battery on Eliza Scotield, white Eliza
stated to the court that the assault was made in
her own house, and that Wallace struck her i'm
the forehead, raising a knot. Accused brought
witness who testified that he went into Elias
house to get his baby, and Eliza resisted his
taking it; dismissed Afterwards Wallace in
formed the judge that during the muss over the
baby he lost a hat, which Eliza would not give
him, and wished the judge to order her to re-
turn 1t, but was informed that he would have
remedy before a magistrate. Mr.. Gloss entered
a nolle pros. this morning on warrant returned
to the Police Court, which had been issued by
Justice ID. w. Anderson, charging on the part
or Eliza Hamilton ''tbat James p Hamilton
her husband, took her from her Bed while sick
thereon, and threw her on the floor and other
wise Illustrated her. She fears hat he will take
her life, and wants that he be made enter into
rlcogniZance to keep the peace towards her rot