Evening star. [volume] (Washington, D.C.) 1854-1972, 1874-10-03


$500, sDd was also seriously injured In his bod
lily eslth and strength. lie claimed damages IN
the sum OF az eco.
on the trial below, before Judge Mae Arthur,
the defendant moved the court to instruct the
jury;-l. If the Jury believe from the evidence
that come DAYS before the 18th day OF August,
1873, the date CT the alleged injuries, the de-
fer6ant had completed The laying Of the gas
main at the intersection OF X and 9Th streets, in
the city OF Washington, the place where the
accident occurred, from which the said alleged
injuries arose, and had filed up the trench IN
which said pipe was laid under the direction and
TO the satisfaction of the superintendent of the
said streets, and the work being dOre thereon,
uncer the Board of Public Works, ami had
sifen up TIE said street or streets, and sll con-
troll on their part over the same, and the work
being done thereon TO the contractor who was
preparing the same for q new carriage7ay or
street pavement, that then they must fnd for
the defendant notwithstanding Il shall appear
that the plaintiff hack and harness were in
JIred by reason of their falling or getting into
the said trerch.
?. If the jury believe from the evidence that
81 f1e time of the alleged injuries to the plain
I'm hack and person, She surface of X street,
east OF 9th street, was PARTIALLY dug up, anu
that vehicles could be driven along the ssid
street only with extreme care snd caution, and
that nnmirdful of this etate Of things the plaiu-
TT drove his hack along said street at an ordi-
nary pace and without proper care, then the
Plalnt'h was himself guilty of negligence, and
cannot recover in this action, unless the Jury
shall further find that the defendant omitted to
do some act which il was its duty IN rhe premises
sequence OF the plaintiffs negligence might
lave been avoided.
9. To find for tire plaintiff in this action the
Jury must believe from the evidenc that the in
iuries charged and for which the action is
brought were occGsODed by the negligence of
tie defendant or its officers alone, and by no
other cause whatever and thatif The said trench
had been filled up to the level of the street t.
the satisfaction OF the superintendent, and that
afterwards the surface Of the said trench sunk
by re son Of the action OF continued rain, then
NC x not fha fr,F a
ants negligence, and that if the accident oc-
CURED from such sinking, the defendant is not
responsible therefor.
L. That in assessing the damages in this case
tie jury can estimate only what Is a fair COM
pensation Tor the injuries actually sustained by
the plaintiff, and must leave out of such esti-
mate all loss or damage except such as has
arisen directly ard Immediately, aud not re-
motely, from alleged Negligence of the defend
ant, II they shah find ouch negligence.
The court allowed prayers numbered two and
four, and refus- d prayers one and three, and ID
this action of the court in refusing PRAYERS
numbered ore aud three tie defendant by it's
Counsel excerpts,
The jury found verdict for plaintiff for $780,
The court affirmed the Judgment below
The court ressse mbled this N JrDiDg and ad-
Jeurned until Monday.
PoL!CB COURT Judge SneU.
To-day, John Mcdonald, charged with car
Tying pistol; $50. Eli Beckett and Abraham
Beers forfeited collateraIs. James Benton, dis
orderly in Georgetown; IS. James RaIey for
Brown, enticing prostitution; So Teresa Mar
klns, charged with being a prostitute and va
grant; Workhouse. Elizabeth Nugent, same
charge; workhouse. She told the ge that
she had just come out the workhouse Yesterday
evening. The judge said 1t was the right place
lor her-she looked very much improved by her
visit there L. ID. Walsh, charged with selling
hquor Withou. license in less quantities than a
pint; s105. Randall HeD,on, charged with lar
eeBy OF four bundles Of shoe strings valued at
IS; hned SO.
10w AMONG CoxsTABLRs.
Charles Davis, Robert TrSon and J0hn Miller,
charged with diSordeFly conduct on 7th street.
Oihcer BodeTick testified that this men Davis
Is an officer, and was employed yesterday ia
Selling some goods on 9TH street, at Van Dykes
restaurant, on execution, when Tryo1, another
constable, came in with a repleyIn, and a
scrimmag 20 followed. Miller was the driver of
the wagon, and had load Of kitchen furniture
on the wagon when the writ OF repleyin was
produced by Constable TTyon. There was Z
Kettle OF catSup which the driver was abOut
putting aboard, when Tryon caught hold OF one
side Of the hs idle, and a tusSle ensued for iona
me for its possession, when the vessel busted"
and j ryOn was a sight to look upon, being we'll
se3sored from his spectacles downward. This
disorder continued some time. Mr.. Davis WAS
trustee, and il was claimed on the part OF Mr..
Van Dyke that the writ Of repleyiu did not hold
good, as the time for payment lad not expired.
after hearing the testimony the judge dis-
charged TryOn and reserved his decision in
respect TO the others. VIM. Blunt, a. sault and
battery on Caroline Smith; So.
ROW ABOUT THE MONEY FOR A BRITISH cor
TON CLAIM.
Charles Eggers, charged with assault ard
battery Oh Patrick NcNallY, a Jolly lash sub
ject of her Britannia majesty, who had resided
temporarily in Alabama. McNaily states that
he came To this city about a wear ago to Collect
A cotton claim. Being without money or
friends be was admitted TO tue Western Hotel,
kept by Mrs. Schramm Oh the promise that he
WOULD pay his score when he got his clatm. tie
emp.oyed Two attorney, bur found It uphill
work. Mrs. Schramm became impatient for
Ler money, and finding he could DO5 get his
L on1y be searched for employment, which hs
fouI rs a lsbOver in helping to lay the f0uRda-
{ on # Ger eI al Buffers new residence On Cap
iiol Hill-in che meantime LIE remained at the
WeSieIa hotel, where, IS he statas, "he lived
high ard slept In the garrett" lie paid all the
money he lrDed tOWards his board, and being
vet in arrears for a small amount he lett, aud
found quarters elsewhere. Yesterday he was paid
upon settlement of his claim by the British Lee
cation, IS 2Ql IL gold, After receiving his
money he, In company with a friepd named
DAVIS, belonging 10 Alabama, started about
town to pay OF some Of mis- old scores. he states
his attorneys, with whom be had had some diff
ference about the per cent. claimed by them
LOT their services, notified his creditors 10 look
out for him as nc was to get his money and he
would beat them. Among them was Mrs.
Schramm, who came forward with a claim OF
some $3.50, and that lady, with Mr. On aries Egg
gers, followed him and his friend about town
yesterday. During the Gay be AID ID avis called
in 8 hack at F0y's hotel, on Capitol Hill, to sc
tie q small bill, and while in there, Eggers and
Mrs, Scaramm entered tbs bar-room and re-
Dewed their opportunities to settle, being very
anxious for him to take a drink to start with.
and tried to get into his pocket. He re-
sisted, Snd with his friend took TO their hack
and drove to the eighth precinct station, fol-
lowed by Mrs. Schramm and EggeTs. Here he
told his story TO Lieut.. Austin and Sergeant
Hollipgberger, and turned over all his money
to them for sate-keeping. Lent. Austin gave
them lodgings last night, and Mrs Scbramm
took her departure, finding no hopes OF his
leaving there. Some time afterwards Sergeant
HolliDgberger, on Going outside the stat0n,
found Eggers peeping through the shutters,
and took him in and locked him uD, on the
charge of assauiting McNally. Mentally this
morning went to the bank and deposited his
money, taking certificates on Northern bank,
and proposes TO take an ocean steamer in q few
days 10 go abroad. He paid Mrs. Schramm $40
in gold yesterday, which he states is mora than
he owes her, yet she claims a balance OF $500.
After hearing the testimony, the Judge stated
that it could not be considered case OF ASS ut;
there had been no violence used, and Mrs.
ScbImsm probably had an honest bill against
him. They have right to pursue him fur a
debt. lie dismissed the case.
MR.. SMITH, TIE PAwEBRoKRR, AGAIN.
Mr.. Gloss asked that a chwarrant be
Issued against Mr.. Smith, a pawnbroker, WHO
has failed to produce certain books placed in
pawn by william Eichelberger, book agent.
There were still seven books wanting. and he
Al.