Evening star. [volume] (Washington, D.C.) 1854-1972, 1874-02-10
does no. involve the right of holders of coupons


BRIEF OF THE CANAL COMPANY.
The canal company admit the facts above
and claim that the bondholders are first mort
cages Of the net tolls and revenues, after the
payment of debts contracted for repairs and
current expenses. with no mortgage at all on
mortgage OF the net tolls and revenues. hold
ing also mortgage upon the work itself. Since
J n 01ayt III, IT has paid about $4,000 of
them regularly in the order Of their seniority'
Thai IN December, 1861, the commonwealth Of
, Virginia, Mnlch was largely interested as cred
ltor, guarsntor and stockheider, in the proper
administration of the affairs of the comnany.
MED bill IN the circuit coHrt Of Baltimore eItv
against lt and the trustees of the preferred
oondnoidefs, including the present Complain
ant, Mr.. Corcocan, and Others, PRAYING for the
passage OF decree determining the legal and
eqotable prlorities Of the holders of the vari-
Jus classes OF bonds issued by the canal COM
pany, anc ordering their payment accordingly
out or the revenues of the company, properIy
applicable to such payment, and for other pur-
poses. This case was decided by the court of
appeals CT Maryland in April, 1870; all the
questions settled, and since the net revenues
have been honestly, faithfully and properly
appropriated. The repair bends, S435 900, have
been paid, and overdue coupons on the pre-
ferred bonds from July. E52, to 1858, nearly
$500 900 paid.
The defendants maintain, let That the state
OF Mary land, as second mortgage of the net
tolls and revenues OF the canal mpany ia an
indispensable party to this cause, in whose
absence tbs court has no power to decide this
question. That il IL not competent to make her
a party here, and that the attempt to do so by
an ordinary publication against her as nom
resident DEFENDANT is an idle ceremony which
neither makes her a party nor authorizes
TINS court TO proceed to decree without her.
ID But assuming that Maryland is not an in
dlspensable party, or that if necessary, she is
to be treated as party already tere as de-
fendant, the complainant, Mr.. Corcoran, is
concluded upon this question, by the decree of
the Court of Appeals in the case already re-
ferred to OF Virginia VS.. the Chesapeake and
ONO Canal Co., ct al, % Md, sol. It is dis
unctly res adjudicata; and Cd. II Mr. Corcorau
this question: the court will follow and adopt the
conclusion of the Court of ppeals of MARYLAND
because those conclusions are in themselves
correct, and, tecause, even although were the
question res nora, this court might doubt the
correctness of the decision of the Court of APP
penis, vet that decision being an Interpretation
Dy the highest court in Maryland, of a MARY
land contract authorized by MARYLAND
statute, should be respected and enforced by
all other courts where the same questi on is
presented.
The Alleged Indian FOrgeries.
TRIAL OF JUDGE }. w. wRIGHT-A VERDICT
OF ''NOT GUILTY.,
This morning, in the Criminal Court Judge
cartier, the trial of Judge J. w. Wright, on an
Indictment charging him with the forgery of a
receipt for second bounty to Lacy Hawkins.
a Cherokee Indian, was resumed, and the ar
gument on the Law in the case was continued
and concluded by Messrs. Riddle for defence
anu harrington Tor the government,
The court decided that he had not iurisdic.
ton in the case. He had strong doubts as to
forgery having been committed. This recest
was not IKE a promissory note, but had spe-
cine OBJECT, that of meeting any claim the
giver might hereafter assert. On the question
OF utterance, he said that the arbitration hay-
ing been as to the first bounty, it did not en-
brace the second bounty Claims and the re-
cept being for second bounty, it could not
properly come before the arbitrator. and there
fore could not have been uttered here in any
criminal sense.
The court then took recess
On reassembliDg, Mr.. Harrington stated that
under the opinion of the court that the receipt
was not uttered in the District, he would have
10 he content with verdict for defendant
The jury thereupon found a verdict OF not
guilty.
AT the conclusion of the case, the marshal
paid Oft he witnesses for the government !
mileage and attendance-and depleted his cof- !
fers to the amount OF about $4,000.
TIE INSANE CINCI-INATIAN WHO TRIED To |
RIDE INTO THE WHITE HOUsE.-This morning |
gfhcer Dinsmore took into custody an eccentric |
JeTman named j. G. Sypher, and accompanied /
llm 10 ponce headquarters. This is the same |
Individual who few days since attempted to |
,Ide INTO the White House on horseback as re-
sted In THE STAR. and was checked by Lieut..
hurley, OF the Metropolitan police, who hap-
pened to be passing at the time. He has been
ioing other eccentric acts about the streets
and IN some OF the hotels, and is thought to be
LdneF unsafe man to run at large Detective
Win the Cincinnati police authorities, where
'ypher halls from, and the result is that he is
sscertained to be sausage manufacturer in
,cod circumstances, but at times has shown
ymptoms of insanity, and at one time was an
innate OF the insane asylum of that place
MS morning Mr.. Peters, Mr.. Sypher's book
ieeper, arrived In this city from Cincinnati,
ld will accompany his employer hack 10 that
ny MT Peters arrived at police Headquarters
nsC as DR.. johnson Eliot was about to examine
ir' Sypher. preparatory to sending him to the
mi TnEQ ncrIrr /
and arrangements made to send
ypher home. 1t is represented that he has
luandered considerable money in this city
rom alteration of mind.
FINED FOR MAINTAINING AN ALLEGED
NUIsANCE-ln the suit OF the United States
gainst Marshall Brown, Jacob Solomon aud
amuel Lloyd, charged with maintaining a
which was instituted in the Deem
er term OF the Police Court and continued
rom time to time, on condition that the de-
endants abate the same, the court inis morn
ng made the following Endorsement on the in
ormatlon hied IN court "POlice Court, Feb
uary 20, 1Si,-Whereas after one notice served
pom defendants by order CT court, evidence
hereof having been duly presented &c me; and
'hereaS :, ass not been made to appear thu
ne huisances described in this Information
ave been abated in accordance with the order
nd in defsalt the defendants are to be each
-hprisopSi thirty days in the United States
all" This nuisance consists of a cow stable in |
he dilapidated structure at the corner OF q
I'D 9th streets northwest, formerly known as
livery stable. The Board of Health |
las been endeavoring for some time past to rid
he neighborhood of the alleged nuisance,
gainst which the neighbors in that locality are
aid to complain frequently.
TIE EVANS CONCRETE WORKS IN DISPUTE.
To-day Halbert K. Paine, b. T. Grafton and
lex. Porter Morse, entered suit on the law
ide of the court in behalf of Philando Q. Lang
lon against Charles E. Evans ct al, for the
ecovery Of the Evans Paving and Artificial
,tone COmpany's Works, on l. tn street, between
: and NJ streets, northwest, and the machinery
md material belonging thereto, all of which,
I is alleged, was forcibly seized night or two
ince during the absence Of MIR. Langdon in
Sew York.
BUILDING AssOCIATIoNs.-.At the 10Th meet
ng OF the Franklin Cooperative last night, 8
hares (29 nnnN were sold at an avarana nra- |