Evening star. [volume] (Washington, D.C.) 1854-1972, 1872-05-11
IHE lGrKEk

PoLrCr CoCRT, yl3Js SreT.-To-G4y, Joseph
E>hIidgc. assault ON William Weaver; fnd -
SAM -ou TYLER. co'orcd. assault and battery on
Reuben k.tl~ki. fcIhcn told the iI1ge tha.
he was employed in driving his COWS 20 water,
Wnru Tyler iuJeTiered and took h.S cows from
him, driving them OF In another direction. and
when nc demonstrated with HIN. caught him
lwjtHess) hy the neck ana threw him on the
ground; case continued. Tyler - one of the
Ioursma.ter's men: Jenny Brown. profanity
and drunkenness, forfeited her collateral. a.
Christian Rupert, charged with placing goods
a. front OF LIS store ObstTuCtiEE The street. fined
=. IN. Dunn, same offence, aned -. Ellen
Ale, cha ged with yagrancy, was committed 20
the workhouse for SIXTY DAYS. ThOmls Hughes,
CoiOTed, charged with vaCrancv: workhouSe
sky days. William q. Hughes, charged with
beng drunk and prOiane- forfeited h.S cOliat-
eTal, =. Charles Mason, charged with making
use OF IgataEs and indecent words in George
foNn: fined 3. T.. W. MCGOWAN, diSDrderly in
fence. fnCG -. Charles Martin, same offence:
fired .. Edward C!cmen.son. same offence.
ur, d%5. y m. Andrews. same offence: Gnei -.
II was Mary Eliza Edwards that Robert
HumheTt was charged with committing an as
>auit and battery mon, instead OF Fannie Haw-
kiEs, IS stated in cur report OF the 9Th inst
AN IMPORTANT TEST CASE.
toUET N GENERAL TEHN.-To-,iav in the
Gaze ~ work against the Secretary OF the Urea
say, Judge HumphEies delivered the opinion
II the court. refusing the writ. In tins case
orb prayed for a wit OF maUdamus on the
=, Crei ally OF the Treasury - compel him 20 -
sue a warrant en- req uisitiOn 81 the Secretary
90 War for a claim tor value OF "A barge blown
AZ hear FO:t Washington during the war.
Judge EumPhTies recites the facts. and says the
.aN CCt- not strip the Secretary 81 the Treasury
81 ali discretion and leave no Judgment TO DC
exercised 10y HIM III signing warrants EXCEPT in
instances specified. defined and aScertaiiad bg
direct act 81 Congress. He quotes from pcci-
ruT 1T. Tauld.uE, II Peters ig7, and other au-
tEtIliles. and .UJtCs from the acts OF Congress
II i"tng 10 he Secretary OF the Treasury and
he manner in V Ll,h the accounts OF The gov
erHIEyHt shall De kept. Judge HuRphr.es
to h. Ii.
been allowed by the Third Auditor an! Second
Comptroller and approved by the Secretary OF
War TequisitlCn WAS drawn on the Secretary
OF the Treasury, who refused 10 draw his war
rant, On the ground that the United States v as
NOT bound 10 pay because the vessel was de
suGyed by fire, the risk Of which the owner too
on himself, and says that Il il not within the
jurisdiction OF any court &c compel the Secre-
-ary OF the Treasury 10 draw money from the
utasury ter cOniTOyeTtcd claim. lie is al
owed Ia use his discretion as TO drawing money
nom the treasury, and must lie lett free OF the
mandates Of Any but the legislative department.
Chief Justice Cartier and Judge Olin diSsented
Judge Macarthur not having been on the bench
At the Tearing. neither cOncurrcd or dissented
Judge Humphreys said that Judge Wvlie con-
cuTTtd with him. The application hS wing failed.
Mr. Tayior moved rehcariDg before a full
bench, which was granted.
In the case OF ChidS against Trist Judge O!in
i"lNtred the opinion ST the court, reversing the
.lecrtc below d>missing the bill. la this cas-.
Nhl!ds filed hill Tor injunction To prevent rrisf
nom drawing certain money appropriated by
congress to pay EIist for his services in ne roti-
atilg the treatyot GuadelOupc de Hidaigo-the
OBJECT tclnC 20 secure One-tOIrth the amount
which il Is alleged TTist agreed TO paw II Child,
successfully prosecuted the calm The defend
ant argued that such agreement was void a il
was against pnbic policy. Judge Olin said that
II defendant believed that the agreement was
void he should deposit the Amount obtained
through ChiidS instrUmentality 10 the credit OF
the conscience fund.
Assistant District Attorney Harrington filed
sE information against /. j. Bickser. constable
Changing him with sHafeasance.
In the ease of Walsh against Thomas, Judge
Cartier announced tie opinion OF the court re
Nersine the decision OF the court below. In this
case Walsh was single man engaged in bust
rCSs. whose horse was seized by "a constable and
i was ccHtended that the horse, being used by
Elm in his business, was exempt from seizure
for debt. The court held that the law was for
the protection of families, TO enable them 10 re-
tain certain necessary articles and not to be en-
trely stripped OF every comfort. and that the
law did not include single men, but left them to
buffet the world on their own account
Tie care of Lane against Gibbons and Merri-
man was resumed, and argued by Mr. Merrick
for Gibbons.