Evening star. [volume] (Washington, D.C.) 1854-1972, 1874-12-17
Alleged Breach of Promise and Sc,
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Alleged Breach of Promise and Sc
dEcf!on.
TRIAL OF THE aoWs-sroRT CASE.
Yesterday afternoon in the Circuit Court,
Judge Cartier, the case otCat1erine V. Story
against Freeman W. HoNe-actiau for breach
OF promise OF marriage and seduction,
in which s25 600 damages are claimed-was
continued after our report closed.
The plaintiff testified that she had several
letters from Howe when she was In Iudianapo~
lis addressed Mis- Kate" in some of which
lie expresses bis qualification that she As de-
teTmTed to do better, and III one SAYS lyon can
noi fail o see She folly OF wrong dpng,' and IN
clCses $40. In another, he says You now have
q nance 10 make matters all Ri it, and ''y0l
must write ana put an end to the talk"
witness was cEosr-eXamined at great length
by Mr.. Nattngly. She said she was not dis
charge from the reform school in December;
never heard Of letters being found In her bu-
TeaU by Mrs. M0.beT; she did not know that
such Letters were submitted to Mr Howe, AMI
bN him to the trustees; witness was not dis
miss betaGse Obscene letters were tound in
her bureau; witness did not write 20 Mrs. Noaher
tskFng to Re taken back; witness never thid
MI. NJ what Was the matter with her; nor r0at
she had never known any man excepl Jush
Gallagher. The cToSs-eXaTinA alton was as TO
alleged admissions to Mrs. Moster, which wi--
ness denied.
TO-DAY.
Tie TRIAL OF the case resumed this mp~r-
ing. and the cross examination % the plaintiff
Catherine '. Story, was continued. Size den eli
DuIDbeF Of state ne ITS alleged TO have be- n
IN de ly her 10 parties whose deE os!tions had
been taken.
MIR. Nattlrgly read letter from plaintiff in
en.p eT TO a letter from Howe requesting her 10
ststC the truth as 10 shO was the father OF her
child, saving that she might be called on to
swear to her statement. This answer IA 10 the
effect that Josh Gallagher was the father, and
sic stated that his folks Hgei in Frederick
county, Md. ard she had written To him there,
but had Lot heard fTom him. AID did not know
where he was B0w. She further said :hat this
letter was written at Hoses suggestion, made
to Ler before she left Washington.
Mr. NJ also read letter from her dated MAY
10th, 1873, In which she SAWS she received let
ter hut TO money from him; that she WAS sorry
that be had given hsr snch bad name having
said she bad stolen from him, aud that she bad
been with five or six men, and she did not know
who was the father OF her chIii. She said in
that letter that she knew who was the father.
witness said that she had never stolen anything
fr' N Howe or the school. Witness told Mrs.
SteIritt (of Iudanapolsl at first that Josh Gal
laRher was the cause Of her troubles, but subse-
qutIt'y told her that Howe was the father of
her child.
Mrs. Stewart, the mother of the plaintiff, was
sworn ana corr0borated the testimony Of plain
tiff az TO the time she went to the reform school.
She denied that she had ever heard OF her
daughter being dismissed or that che hal seen
letters from Beach or Gallagher.
The rlantIn here rested her case.
TESTIMONY FOR THE DEFENCE.
The defendant called DIR. Appleby, who tes-
tilted that he attended the family of plaintiffs
mother; the PLAINTIFFS Child he shortly
after birth; she said it was born on the 18th of
September; thought it TeseInbled her (plaln-
tiff ~ family.
Mr.. L. c. Darlington, ST., objected to the wilt
ness testIfying 10 the likeness OF the child; the
jury were a. well able to determine resem-
biance a. the physician, and he suggested If
the child was brought il its likeness TO defend.
ant would be seen.
DIR. Appleby continued, saying that toe child
had the appearance of having been fully de-
Yeloped.
A number of letters of plaintiff were read by
defendant, written from Indianapolis.
The District Bill.
Mr.. EDITOR Among other Objectionable
provisions OF the proposed bill for the govern
meEt of the District is the clause creating a
Municipal Court in lieu % tbs Justices Courts
| No doubt that scme Of these responsible posi-
! tons are held by unworthy persons, unqualified
| for the Office, being destitute of the requisite
legal knowledge for the discharge of Its respon-
! sible duties, as we'll as integrity and moral
worth. The proposed bill, In my opinion, Is not
| the remedy for the evil. 1t cannot bs removed
! efectpally except by the appointing power,
| who alone can remove 1T by selecting worthy and
| competent persons, without regard to the In au-
dates OF political cliqEes, who have forced an =
! qualified and unworthy men into these respOn-
| sibls and important positions. No man in the
! community exercises more authority-tor goo 4
| or eVil-than justice of the peace. Conse-
quentiy, he should be conser vator ofthe peace,
b ssesSlng intelligence, and OF good moral ca ar
acier. He has, by virtue OF his Office, the repu-
! tation, as well as the property of the cilizsn-.
! under his control. Hence the necessity of Sc d.
! these positions. The bill provides Tor the
! appointment of three judges, who shsil con
sutune tie Municipal Court, and who are
! to discharge all tie duties now pertormeI 1
! ty scm6 thirty justices OF the peace
I his is about the number who have Offices open
| for 'he transaction Of business; The rsma nt.e5
! CeiTNlDg their commissions la taeir pockets,
| tIIsung 10 luck Ii picking ID = fee as occasion
CITE Is &c possible toT three ia1 ges, supt,o>Ios
J thy devote their entire time during ba@ina-s
hcuIs 70 the discharge OF their suites, IL supply
| the place of the Rirfy acting Justices? No mtt-
/ ter III what portion of the civ the court 81 All
| be located, it will he ipconv enient inc uecrus.l
End oppressive TO the citizens who reside ~ lis
| fant points to resort to IL for the redress OF
| wrongs or the collection OF their claims How
| many persons will tOrego their claims and Gu
GuFe their Wrongs, sooner than b. forced 20 lose
10th time and money III waiting on this court!
| HoW Is tie poor man, or woman, ID bring su. Z
] before this tribunal without coGRsei? II IN :
| court Is created, many needy persons will be
deprived OF their constitutional ri hts for til
cannot institute suit without the ala of coansel,
and that aid they cannot receive wltaout money
10 Ray Tor IL. again, the lustlce-' courts are
malDtai ned by the fees while the proposed ma
| Hicipal court will entail another heavy tax
| upon the public, without serving the purpose
| intended.
| The Congress of the United States sometimes
| make Rsistakes-pass rad and objection ole
! laws-aDd when they discover them, they should
| tnueaVor to correct their error. Experiments
| may answer in some cases, even in legislation,
tHt JcopaTdiztng The rights IF the c9ttEsa as not
eTEeT'"tcnt to BE- JUSTIFIED an arg ccSs Their c.
| aomchsh then from trying q similar one by
| lIsutalng municipal court. 1t 10 A fact well
| known 10 all that the Police Court has proven
| MISUNDERSTANDING 10 the wants OF tho pu b.
| hc-ahd entails an orercUs burden upon the
| rnbhC, when Its predecessors, the courts OF tue
Iolce Justices, were not only self-sustainiGy,
nut paid over "a ieTge revenue &c the municipal
! treasury, and wore the means OF supervising
! crime TO tar greater extent thai the PONcs.
Court, which has III two, II rot three, instauca IS
| been virtually declared ty the Supreme Court
| Of the District TO be unconstitutional.
| Ia view OF these facts. and the dc psnrent po-
| sit!on u which the citizens OF the District ars
| paced, being the wards OF the national gov
| eminent, DOS it not beh0Uye Congress To well
| digest The proposed bill Tor our governms e =
| Lei theE make themselves acc tainted with o II
| wants ana peculiar position, and feel asslr 81
| tbty VAL not lses the bill nov before them in
| is present shape. e..
| The FIRE DEPARTMENT UrGeHt Need for q
Sc1c ire 4jCTm TstsGrIpa-At the meeting on
| The Hoard OF Fire Commissioners last mig ut,
y ice President Collins in the chair, IN the Eb-
! sence of President Williams a report was rsad
| from the superintendent OF the fire alarm teie-
| graph III K. Miles,, cs.iiEg attention to the
| WORKOUT condition OF the lines and aDparat III
| comprising the system OF fire alarm telegraph
IN - oil Tgo- po.s