Evening star. [volume] (Washington, D.C.) 1854-1972, 1875-11-01
THE LEGALITY OF ruE GRAxn
JVR-f.
The Gases OF the Alleged Treasury
KsSeevy onS Ae Perry Burglary


une Term OF The Criminal Court, Judge
mere was O large attendance,
IaIuculsry Of members OF the bar, the great
az Ss sran%
nled IN the cases OF Evans. Leigh ton, Fisher
ana 'jreen, indicted in the bogus Edes-
TI-s.1rs robbery case; and r g. Fisher i 1os
Lbstracting court papers The government
was represented by District Attorney Wells,
jr.. and the accused by Messrs. w. A. Cook,
r. T. Merrick, A. q. Riddle. F. p. Stanton
K h. Elliott, and = 8. Henkle. Those OF the
accused who were In Jail were brought into
court about 10Y O'Clock.
After some time spent in discussing the or
der of argument,
Mr.. WILSON OPENED FOR THE GOVERN
stating that the same questions were raised
In each case. The first reason given why
ihese parties should not be prosecuted Is that
The names drawn for the grand jury were SO
drawn less than ten days before the conf
mencemept of the term. ID. That the names
of nine Of the jurors had been before drawn
from the box within two years. Sd. That the
marshal did not serve the jurors with notice
OF their selection five days before the com
me ncement of the term. 4th. That the tales
men were illegally selected, because the
names OF the persons whose vacarc. es they
were chosen To oil were not drawn from the
box ten days before the term. 5th. Tnat
John Young, Que of the persons originally
drawn, having been returned mot found
the vacancy was filed by summOning a
talesman instead of drawing another name
from the box. 9Th. That the order of the
court appointing commissioners tn make the
list of names TO be placed in the box was
void, because IL recited the existence of
statute that was repealed in part by the
adoption of the Revised statutes. That pOr-
tion acted on by the court wss not, however,
repealed: 9Th. That two OF the grand jurors
wv. ID. Wise and Samuel Key were over IS
years old. All the objections except the last
relate exclusively to supposed Irregularities
In selecting and ea,fdnne'ing the grand jury,
After reciting the pleadings and quoting
authority "that as to the SPECIAL pleas the
utmost strfctness is required Mr.. Wilson
continued treating all of Fishers plels and
several of LeightOn's as out OF the case He
argued " at the other pleas are not sufficient
and are bad in law. 1st. Because iIreguIari-
the grand jury which do not 90 to tie q,tdlifca-
ton IF the jurors Ind do not deprive the &C
cused of any substantial right cannot be
raised by plea in abatement fist Dillon 1927
and other authorities, I'd. Because each of
the several provisions of the statute whose
requirements il is claimed have been dis
regarded in whole or in part are merely di-
Tecfo7Y ard a nom compliance with them
where no bad faith, corrupt practice, or
fraudulent intent is alleged, and where the
accused is deprived OF no substantial right
dictment void. Sd. Because all of the irresu-
larities complained of are within the 1o25th
sectlon OF the revised statutes which pro-
VIDE that mo indictment found by grand
jury In any court of the United States shall
be deemed insufficient. nor the trial judg-
ment, or other proceeding thereon be affected
by reason 9: any defect or imperfectness In
matter of form only which shall not tend IN
the prejudice Of the defendant and by that
statute they are fully cured.
At the conclusion of Mr.. Wilson's argu-
ment recess was taken, and on reassem-
bling Mr.. Riddle. for Evans and leighton,
commenced his argument on the sufficiency
of the pleas.
n G~ra ~
ct al. filed to-day, through j. q. Bfgelow
their solicitor, in the Equity Court bill
against Ben. NJ. Plumb ct al. to set aside
two coDveyances of parts OF lots 4 and 5, in
square 397 and also three deeds of trust on
the same. The plaintiffs set forth that Step
Toe Il. Tune in 1858 conveyed the above real
estate to Edward and Edward !. Tune, in
trust for the use and benefit of Mary A.
rune, his wife, during her natural life, with
RI mainder 10 her children, that the defend
ants fraudulently procured conveyance
IRON EDWARD i. Tune, the surviving trustee,
10 William II. Minnix, and from Minnix to
Mary "A. Tune, and by fraudulent represen-
iatlops induced her, thus vested with the
title, to give, at different times, three deeds
of trust on the property, securing in the ag-
eregate 1873, of which she received only
$40; That on the 9th day of October, 1915, the
trust, on account OF which not dollar was
ever paid or advanced to Mrs. Tune The
plaintiffs pray that all the above convey
ances may be decreed void, on the ground
that the conveyance from Edward /. Tune,
Inc surviving trustee, TO Minnix, is void, be-
ing contrary TO the trust upon which he held
the property from SteptOe T. Tuue, the
grantor. An injunction was granted re-
s'raiulDe conveyance under the sale Of
October Q. and made returnable the 9Th day
OF November, 1875.
IHE TRoTTING RACES AT THE NEW
CoURsE.-TO-rnofrow the trOfting races will
DE commenced at Major Hilrs new mile
track, near Bennings, and there will be three
races each day. In the 224 class (S2OOO)
Lady Star, Observer, Ella Madden, Joe
Brown, Triumph, Annie Collins and G. b.
SEQ minutes, lsI,5cO,) Mack, John Lizzie
d., Lady F., Emma c., Echo. Katie Rich
ards, Mystery, General Macarthur and Sti-
t ie,t9' are entered: In the 2;3s $4,000 Gold
tered As during the last week, extra ar.
engagements have been made by the rairosi
for carrying passengers, and large crowds
Will doubtless be in attendance.
NATIONAL THEArER. Mr.. Barry SuIli-
van the celebrated tragedian from the other
side OF the water, will appear to night at the
National Theater in one of his most success.
Iul impersonatiOns, Cardinal Richelieu"
The eastern cities, where he has recently
been playing To good houses, sound his
praises, and doubtless his appearance here
after an extended absence, will be greeted
with large audiences. Mr.. Sullivan will
rich, Mr.. Jas. Carthcart, Miss Lille Glover.
and others of Mr.. Ford's fine company. To,
morrow evening Richard Ill" will be pre-
sented.
ANoTHER REsIGNArIoN.-A X Browne,
ESQ, 10 day addressed to Judge Smell, OF the
Police Court, a communication saying with
more than ordinary pleasure and relief /
nave the honor to inform you that my rela-
tons with the Board OF Health of the Dis
trict of Columbia and my prosecution of its
cases In the courts have ceased. During tn
past three years, however, in which have
thus been employed, and especially before
yoGr court considerable portion of the
time. / have received many tekens of kind
pess and regard from yourself and your OFF,
GERS, for which / return sincere thanks
ARREST IN AN OLD FORGERY CASE
Last night Detectives Sargent and Noel
fresh arrested Charles c. Boyd, who, it will
be remembered, about one year ago. with T.
II. Boyd and Mrs. Boyd, was indicted at the
instance of Police Officer Conway for forgery
OF the name of = Nansant as trustee TO
some registered U. 8. bonds. and obtaining
the money on them at the Treasury depart
ment, the same being the property of Con-
way. he is held for trial. Thomas HI. BOYD
has Kept clear of this District since that
time, as there is bench warrant out for
him.
PASTOR TO BE INsTALLED.-The pres
bytery of Washington will meet at the East
ern Presby terrain Church. at the termination
OF the IL street railroad, this evening for TIE
purpose OF OrdQining Mr.. George Il. Patch In