Evening star. [volume] (Washington, D.C.) 1854-1972, 1874-10-10
THE COURTS


To-day, Merriman agt. Hoffman; appeal
noted TO Supreme Court of the United States.
Cochran sgt. Clark; motion to amend decree
granted; appeal to United states Supreme Court
noted.
ALLEGED TIPPING HOUSE CASE.
In the case of the District of Columbia agt
Thomas Herlihy, Judge Macarthur announced
the opinion of the court, reversing the judgment
below. In this case Herlihy was charged before
the Police Court with selling LIQUOR BIZ the
sinai small without license lor maintaining tipping
houFe), and, being convicted, was sentenced TO
pay fine. be thereupon appealed to the
Criminal Court. and in the course of the trial
II appeared that defendant was charged with
the o1fense at 1601 q street, when it should have
been lGO1 18th street. The counsel for the Dis
ulct theIeupon, with leave of the court
amended the declaration by erasing the loca-
ton, and the defendant was convicted there IN.
The counsel tor defendant, Messrs Nj. H. Nor
ris and j. ID. Ellis, appealed from the order of
the court allowing the amendment to be made
AFTER the trial had commenced. The court
holds that II amendments are allowed after the
trial i commenced the statute is disregard Id
The location cannot be regarded as surplussa "a
II 1n-e Tted In the information, but the court did
lot regard II essent.sl to set out the location
When an amendment is made the inform alton
should be Tesworn TO to give the defendant no.
tee of what he is charged with. The amsnd-
ment WAS ERRONEOUS and the judgement of the
c3nrt below is reversed, and defendant dis
charged.
Judge wylie concurred in the opinion, except
be given. ~"
Judge Cartier said that this subject was very
thoroughly discussed, and the opinion arriva1
at was that the information would be good il the
offence charged is laid in the District of Column
bis.
,, ON motion Of MIR. Thompson, Mr.. Frank
Minor, OF this city, was admitted to the bar.
CRIMINAL COURT-Judqe Humphr,y,.
Yesterday. Samuel Lawson. resisting Officer
Robertson; found guilty and sentenced to two
Years Hian IN the albany penltentiary, Frederick
sentenced to the penitentiary for three years
Jennie Cant, charge of larceny, and John
hawkins, same charge, were acquitted Ad.
Journed to Monday.
POLICE CoURr-Judos Smell.
To-day, VIM. Rich, larceny of an iron snin-
die, valued at $50, from Peter McNamara; six
months in Jail. Frank McBeth a bow yagrsnt
was sent to the reform school, Pstriek SSirev'
aVagrant, was sent to the chain gang. John
Smith forfeited s. collateral. Jeremiah MAJ
well T was sent to the chain gang as a vagrant.
jackson, same. Frank Griunall, profane; 50.
John Williams, same charge; s.. Mary Reese,
same charge; s.. Charles Cross, fast driving;
wing; $50. Michael Sullivan forfeited coliat-
eral for profanity. Sylvanus Gleason, same.
James O'Brien, charged with keeping a dan
dog ordered to be killed. James DonneIIv'
charged with selling liquor without license:
slC5: Michael Shea, threats TO Ellen, his wife;
sault and battery on John c.. Van Hook, a
youth, who testified that Mrs. Anderson was
beating the boards OFF his fathers fence with a
hammer to let cow out, and upon his going
near to prevent her she struck him with the
hammer and flung two stones at him; 50,
Aleck Dabney, a colored boy, charged with
throwing stones in the Smithsonian grounds: as.
"THR RODGERS TERRACE CASE"
inns case lCGS not tried by JuCge Smell, as stated
IN IAB STAR 81 last evening, but by Judqe
D1cson IN the abserce of the former, and was
dismissed because, in the opinion of the court.
the ordinance did not apply. This decision doe
not, however, prevent prosecution under the
law OF the United States, in proper proceed
ing, should the occasion arise.