Evening star. [volume] (Washington, D.C.) 1854-1972, 1874-02-21
THE CQURTa

CIRCUIT COURT-JHdQs Cartier
Yesterday, Windsor and Ford agt. Jones; non
suit ordered. The jury were discharged until
Monday.
To-day. in the case OF Lock wood agt. Gala
han, administrator; motion for new trial refused
and judgment for plaintiff on filing a remitter
THE RIGHTS OF NEWSPAPER AGENTS.
The csse of John Fsllon sgt. the Chronicle
ten for plaintiff ff and Co.'s. w. p. Clarke and
Cook for defendant 1t will be recolected that
plaintiff was an agent or the ChroRicle under An
agreement with John w. Forney, add claimed
to be the owner of a route on the paper-the ex-
elusive right to serve the paper on said route.
He claims that when the Chronicle was sold by
Forney the contract was continued with him by
Morris and the defendant, and he faithfully
performed his duty in the premises until the ist
of July, 1873, when they wrongfully refused to
furnifh him with papers, and commenced to de-
liver the papers on the route, and he claims
damages at -, 900.
The defendants demur to the declaration,
first, because the counts are void for uncertain
"; second, the contract alleged is not in
writing, and shows that it was not to be com
pleted within year, and is void under the stat
ute OF frauds: third, the said alleged contract is
in restraint of trade and against public policy,
and is therefore void; and fourth, that none of
the counts allege the amount OF damage sus-
tained. They demur especially on the ground
contract was made.
After reading the papers, Col. Clarke read a
rev authorities in support Of the demurrer.
COL Totten, for plaintiff, argued that these
routes were valuable, and are regarded as
belonging to the men who purchase or build
them up, and the rights of such are respected,
and were respected by Morris in this case.
Col. Cook followed, and cited number of
cases on the mutuality of contracts and the
necessity for them to be in writing when run
ming beyond year.
The Court intimated that the contract was
Indefinite and possibly void, for uncertainty and
want of mutually; but it was clearly within
the statute of frauds, which requires contracts
running beyond year, or not to be performed
within that time, to be in writing. He said that
here the contract hsd already run for II wears
and was not in writing, and the theory Of the
plalntif was that 1t was TO run for another II
years, or as long as the paper lasted. Such a
Contract is clearly within the statute of frauds
and void, and the action cannot be maintained
lie would sustain The demurrer, with leave to
party to amend in twenty days, If they are so
disposed.
This is said to be the end of the case.
POLICE CoURT-Judgs Shell.
To-day, Joseph Cation and Ellen Nash were
fined 50 each for profanity. John W. jackson,
disturbing the quiet of Georgetown; So Lean
der Clark, charged with selling liquor in the
county without license; fined sos; an appeal
taken,
LIQUOR CASE.
Thomas Murphy, charged with selling liquor
without license. Thomas Price, a cOlored man
testified that he had drank blackberry with
other cOlOred men at Murphy's store on q
addition TO the license OF $1OO; an appeal taken
LOST JEwELRY WITH thu ASHES.
Nlliam Davis, cOl0re1, was charged with
grand larceny of one sett of jewelry worth $50
consisting OF watch, a bracelet, a necklace
err-rlng and gold chain, on the 18th instant
from Mrs Sarah O. Homer, residing at 1910
18th street, who testified to the circumstances
OF the case, and that Davis was in the habit of
taking ashes away from the place. a cOIored
woman, servant of Mrs. H., who has been in
the employment OF the family, testified to meet
ing Davis In the alley back OF the house as he
was Offering watch, chain, earring, &c, for
sale to another colOred man. She recognized
the articles at once, and informed Mrs H., who
had Davis arrested. 1t was shown that a search
OF Davis house had been made by a detective
officer and no articles found. The court held
Davis for action Of the grand jury, and set the
bonds a. $500
Attie Cant, colored, pleaded guilty to the
larceny of an Improvement bond of $50 from
Benjamin Gisseil, and was committed for ac-
ton OF the grand jury.
A SUMMARY LEVY ON HAT.
Richard Stewart, assault and battery on A .
W. COllamore. Richard, in defence, stated 70
the court that COllamOre owed him Sl.5O, and
he snatched his hat from him and ran away
with il to secure the debt. The Judge stated
that the law does not provide so summary a
way to levy upon goods for debt, and fined Rich
ard so and costs. Lewis Douglass, larceny of
portion of harness; S. George lie wis was
fined $50 for larceny of some pieces of a stove
belonging to James Hughes. Rose Hill fined
go and costs for an assault on J:W. Withers.
The assault was made with a knife.