Evening star. [volume] (Washington, D.C.) 1854-1972, 1874-07-18

these charges. On last Monday Judge Smell
signihed to District Attorney Fisher that he
preferred not to render a decision, and sug-
gested that he have the witnesses sent before
the grand jury. This Is the way the case
stood until Messrs. Sargent and McElfresh
handed list Of sixteen witnesses to Judge
Fisher, who ordered that summons issue, and
they were all before the grand jury yesterday
and gave testimony with the results as before
stated. Evidence seems to be coming In daily
in relation to these cases and squints towards
the indictment Of others.
Important Decision In q Building As
ISOLATION Case.
EQUITY COURT, JUSTICE wYLIR.
Another building association case was decided
in this court yesterday in favor of the Washing
ton Cooperative Building Association, the com
plainant being p. II. WEIGH late secretary Of
the National Capitol Building Association.
The fact that Mr.. WEIGH had acted as secretary
OF building association for several years, aud
therefore supposed to be conversant with the
obligations into which he had entered, of course
aroused more than usual interest among stock
holders in all associations OF this character in
the District.
In this case Philemon II. WEIGH filed his bill
in equity on the 18th of March last against the
Washington Cooperative Building association,
alleging that said association, through its trus-
tees, had advertised his property for sale under
two deeds OF trust made to secure advances,
premium, &C, on his stock. That he was not
aware that he was in arrears and praying an in
junction to restrain said sale and for a state
ment of the account between himself and tho
association. A temporary injunction was
awarded, returnable on the 18th of April. On
that day the answer OF the association was filed
and fully set forth Welch's Indebtedness on &C
count of his advances, premiums, &C., in &C.
cordsnce with the constitution Of the associa-
ton. The court continued the injunction until
the account could be stated by the Auditor
Judge Leach, to whom 1t was referred on the
18th day of May. The auditor filed his report
on the 18th instant, stating the account in &C
cordance wrh IT. undertaking of the COM
plainaHt under the constitution of the
association. To this report the counsel
for the complainant excepted as follows:
list. Because the auditor does not give tho plain
tiff credit for the amount of money proved to
have been paid by him. ID. Because he has not
stated the account upon the true principle of
law, to wit: charging the plaintiff with the
amount advanced to him with per cent inter-
est, and crediting him with his payments there
on. Sd. Because he has not stated the amount
OF money due as of this date. The case was ar
gued on these exceptions by Francis Miller for
the complainant, WEIGH, and by X. X. Elliot for
the building association. Judge Wylie over
ruled the exceptions, and confirmed the report
Of the auditor, holding that the contracts OF
building associations with their stockholders
were not within the statutes against usury; that
this had been decided by the Cont in General
Term in the case of Pabst vs.. The Economical
Building Association. Accordingly on the 18th
instant the court passed the following decree:
Eliz. Y. Welch and Philemon H. Welch, COM
pldiRGnts, va. The Washington Cooperative Build.
ing Association ct al, defenddnts.-This cause
came on to be heard at this term, and having
been argued by counsel and-duly considered, il
IS thereupon, this II tn day of July, a. ID. 1874,
ordered, adjudged, and decreed that the excep-
tons filed by the complainant to the report of
The auditor be, and the same hereby are, over
ruled, and said report be, and the same hereby
s, confirmed. 1t is further ordered, adiudged,
and decreed that unless the complainant, p. II.
WEIGH, shall pay the said Building Association,
defendants, within thirty days from and after
the date hereof, the full amount due by him to
said defendants, as found by the auditor, or the
full amount due by him up to the date OF such
payment, according TO the provisions of the
constitution Of said association, together with
the costs OF this suit, the bill and proceedings in
this cause shall be. and are hereby, ordered to
stand dismissed, with the costs.
By the court. A. WYLIR.
AWARNING TO COUNTY CoNsrABLRs.--In
the Police Court, Judge Smell, this morning,
before the routine business commenced the
United States against r. A. Bueter, a county
constable, for assault and battery on Mrs
Hagan, Of Georgetown, which was heard before
the court the early part of the week. 1t will be
remembered that the testimony was that B ueter
went to this house armed with a precept for
ejectment issued from a magistrates court; that
the husband, Mr. Hagan, was absent, and that
on Mrs h. appearing at the door Bueter pushed
her aside, the knob of the door striking her on
the side, inflicting injuries which caused her to
spit blood; that after getting into the house he
notified Mrs IL. what he had come for, and
summoning some colored men whom he had
stationed near by, proceeded to put the furni-
ture into the street. sc. The judge cited the
law and decisions going to show that the con-
stable exceeded the authority conferred by his
precept; that he shonld have given notice of his
business, and exhibited his precept before at
tempting to enter, and then il resistance was
made, to have used only such force as necessary
to gain admittance, and not in a cruel or rash
manner, as had been proven. He imposed a
tine OF $50 and costs.
THE FUNERAL Of the late ex-Mayor Walter
Lenox took place from the residence CT his sis
ter, No. zoos street northwest, yesterday
afternoon. There were present many members
of the bar Of this city, and a large numbero of
the relatives and friends of the deceased. The
remains were incased in a handsome rosewood
Lenox, died July 10, 1874" and on it was placed
q number of wreaths OF exquisite flowers. The
Rev. X. w. Black, of Wesley chapel, conducted
the services at the house. and paid deserved
compliment to the life and character of the de-
ceased. At the conclusion of the services the
solemn cortege proceeded to Rock creek ceme-
terry, where the body was inferred in the family
lot. Messrs. Richard Wallach, Marshall Brown,
George 3. Gideon. Peter F. Bacon, Richard III.
Laskey, Walter ID. Davidge, DR.. Jayne, and
DIR. j. M. Brodhead were the pail bearers.
RESULT OF ADvRRT1sINe IN The STAR
Mr.. Lewis Baar. agent for the Singer Sewing
communicate with a customer who had a sew
ing machine repaired at his place. endeavored
to find him, without success, amidst all the nfty
or sixty names or the same individual in the d.
rectory. Luckily he thought OF advertising in
The STAR, and the first insertion, yesterday,
reached the eye of the party sought, and Mr..
Basr has just called to order the discontinusnce
OF the advertisement, as its purpose has been
accomplished. He says advertising pays, espe-
cialIy advertising In TIE EVENING STAR.
10 The Editor Of The Erening Star:
In justice TO Mr.. John p. Dennis, please state
that, in the opinion of his counsel, he had a
perfect legal defence, which II he had been
permitted TO have given it in evidence, would
have controverted or explained all that was
given or published against him, and have salts
led the jury OF his entire innocence, without
their leaving the box or even smelling 0coaI
oil" on our clients clothes. A. X. Browne.
Associate Counsel for Defence.
SUNDAY papers please copy.1
TIE FRREDMEN's SAVING BANK.-The
commissioners to settle up the affairs Of the
Freedmens Saving and Trust Company are
husilY engaged examining the hooia OF tSo II