National Republican., 1875-07-21
Equity Court-Judge wylie.

Equity GOuTp-JuuBo Wfuo'
This court made the following Sscrees dec ysster; 7;
Gaiiigan vs.. Lee. Decree substituting I. L.
Barber vs. Eaton ct al. Decree substituting
Francis Miller as trustee.
Heimer vs.. Adams ct al. Order for dismissal Of
bill as to certain defendants.
Shoemaker ct al. VS.. District Of Columbia. Or
der fixing 800 as penalty Of appeal bonds.
CLARK vs.. Widmayer ct al. Order for prelimi-
Mathews VS.. Mathews. Decree of divorce; no.
Goldman VS.. Lee. Decree Of SALE
Ballard vs.. Mandle. Order Of reference to Gen.
AM, JT, vs.. District of Columbia. Decree dis
Ray, Tenney and welch vs. Chesapeake and
Ohio Canal Company. Decree for injunction.
National Capital Real Estate Association vs..
Latta Hawes. Decree dismissing bill.
Adjourned.
Criminal Court-Judge Macarthur.
This court was engaged as follows yesterday:
F. b. Smith, for libel. This case was concluded
and given to the jury. notice of the case will
NEW TRIAL FOR STEPHENSON.
Mr.. Henkle submitted q motion for new trial
the case Of Ohas. Stephenson, convicted Of man
slaughter in killing Cornelius Shea.
The motion was based mainly upon the at1da-
Wit of Mrs. Matthews, that she saw the rencontre,
and that Shea was, when shot, pursuing Stephen
son, and held knife in his hand, which he raised
Judge Fisher opposed the motion.
The court held that the evidence was Of most
important character, and setting aside the former
verdict. ordered new trial.
Gen. Henkle made application to admit Stephen
son to ball. but the court refused the application
The new trial will take place at the fall term.
Adjourned.
The Canal Case.
Yesterday, in the Equity Court, Judge wylie,
in the cases Of W. H. Tenney, A. Ross Ray and
Albert Ray, and James S. Welch against the
Chesapeake and Ohio Canal Company, DEGREES
were made awarding injunctions enjOining the
defendants from altering or changing the POSI-
tion of the gauge to admit water from the canal
to their mills. The DEGREES in each case recite
that under the leases the plaintiffs were entitled
to such quantity Of water as would pass through
an aperture located at the canal bank, but by
gauging at the bank loss ensued, and in conse-
quence the defendants passed the resolution of
February %, 1865, and consent in writing was
given, and II was carried into execution, and 1t
has since been assented to, and the same has be-
come irrevocable; that by the true intent and
meaning Of the resolution the complainants are
entitled to draw at the point his gauge is placed
the full amount Of water leased, If drawn ct the
canal bank under the condition Of the leases, and
that the power OF the defendants to alter change
the position OF the gauge is only as contemplated
by the leases or, in other words, where the de-
PENDANTS could alter or change II the gauges were
at the canal bank under the leases, instead of at
the present position under said resolution-that
is, where the alteration might be necessary to
prevent or lessen inconVenieDce to the navigation
OF the cansl or the use Of its towing path, or for
the greater security Of the canal or any Of its
works; and the court being further Of the opinion
that the contingency in which the defendants
could alter or change the position Of said gauge
had not arisen, and that the claim Of the defend
ants to alter change arbitrarily or irrespective
of such contingency has no existence in law there
fore eDjoins TIE defendants from altering or
changing the DOsitiOns of said Ter.
ing them to be changed, save only in the contin-
Rences contemplated by said resolution as here
construed, and from stopping or cutting of the
supply, and from interfering with such supply or
the eomplaiDants, by reason Of their refusal to
comply with the demand Of defendants, as con-
tanned in the resolution and letter Of defendants
dated December T. 1872, and January Q, 1873.
The smith-steinhauer Libel Case.
This case was resumed yesterday morning in
the Criminal Court. Rev. q. Steinhauer testified
that be was pastor Of the church from July to
March 10 last; that he rendered his resignation on
for the church He also testified that the rent was
paid without authority from him, and that he did
not receive pay for February. Several other wit
nesses we're examined on the same side, and the
defense recalled Mr.. Pitt, who testified that s.
resigned when he saw that the congregation In
tended to dismiss him. The case was then argued
by General Henkle and Mr.. /. Schmidt, and after
jury, which had not agreed at late hour last
night.
About O'Clock the jury came into court and
returned a verdict Of mot guilty." after which
they were discharged until the 9th Of the month
by Judge Macarthur.