Evening star. [volume] (Washington, D.C.) 1854-1972, 1874-09-30
THE COURTS.
Conan m O. !xNKRAL TRRN.


To-day, the case Of the District agt Thomas
Heslihey, was taken up. The facts la TINS case
are tn at the defendant Was arraigned In tHS
Police Court of the District OF Columbia upon
an information under oath, charging that sat
place of business, known "a house No. 1901 q
street northwest, in the city OF Washington,
District and county aforesaid he did unlawful
ly engage in the business of keeping a place
where distilled and fermented liquors, wines
snd cordi as are sold in less quantities than one
pint at a time TO the same purchaser: to wit,
tipping house." and convicted thereof; from
which conviction he appealed to the Criminal
Court Of said District. During the trial of said
appeal at the last March term of said Criminal
Court, witnesses for the prosecution testified
that the said business was carried on, aud the
said offence committed at No. 1901 18th street.
instead of the place alleged in said information
Upon the discovery of this variance by the
prosecution at the close of their testimony and
after they had rested their case, the prosecuting
officer, Mr.. n. II. Miller, moved the court for
PEI emission to amsnd said information, by
striking out the words "knOwn as house No.
1901 q street northwest" The defendant OBJ
iected to the amendment at this stage of the
trial, being then and there prepared to disprove
this allegation in the Information Int it was
however allowed by the presiding Justice and
the defendant convicted whereupOn, before
judgment, the case upon petition was certified
10 this eouTt to determine the legality. of said
amendment.
The defendant, bv Messrs. NJ. II. Norris and
j. ID. Ellis, contends that the permission grant
ed by the court enabled the prosecutor to prove
where within the limits of the District of Co
lumbia instead OF a. specifically alleged In the
Information. They also submit that authorities
cited establish the position that the information
was enormously amended by the Justice hold
ing the Criminal Court. The ayerment allowed
70 be stricken out was not a clerical mistake,
but was made solemnly under oath by the in
former lOng previous to the trial. PerhaDs the
amendment may have been proper at the PO-
lice Court, Though they contend otherwise, }
yet after the lapse of months, during which
time the defendant was put to labor and ex
perse TO rebuff said allegation, they think it
should not have been allowed; the defendant
must have been acquitted otherwise. The in
formation as ii now stands is too general. Time,
place and quality must each be specifically al
legged in intormations of this nature.
The case was argued by Messrs. Norris aud
Fllls fer defendant, and Gen. Birney for the
District. Decision reserved.
Boston agt. TOlsOn, and Shoemaker agt
Paul; motions for Judgment filed. Cochran
sgt. clarke ct al. was argued, and leave given
to amend.
POLICE CoURT-Judgs Shell
To-day, Maggie West, loud and boisterous:
50 George NOkes. same; SIS. Andrew j. Price,
dlsorderly conduct, forfeited collateral. Chas.
John Simms, loud and boisterous; s. Edward
Howard, prOfane; S3. Richard Mullen for
teited collateral. Samuel Cowan, disturbing
the quiet or Georgetown; 50. John Albert,
charged with keeping open his place of bust
ness on Sunday in two cases; $40 each. George
Keil, charged with larceny of a revolver worth
$40; fined $50 and costs. Jos. Kelley, prOfane
and indecent language; 50. Chas. jackson
assault and battery on Nathaniel Hall; $50 and
costs or sixty days in Jail. Albert Nichols, as
sault and battery on James Cook, who testified
that he had been working for Brother Perry,
who had not paid him. He owed Brother
Nichols $40. Brother Nichols sent Brother
Brown 10 collect his bill. Brother Nichols had
not paid him and he told Brother Brown that
be would pay Brother Nichols as soon az
Brother Perry paid him. This did not suit
BROTHER Nichols, who met him and took il ont
on his back and shoulders with stick; as
George Savage, charged with maintaining a
nuisance at No. i0S 10th street northwest; con-
unued. John Mcguire, charged with malicious
trespasS; s.. Richard Mullen, charged with
violation of hack law; %.