Evening star. [volume] (Washington, D.C.) 1854-1972, 1876-06-12
THE COURTS,


ions, &C., Judges Wylie, Macarthur and
Humphreys present The mandate of the
supreme Court OF the United States ia the
Mr.. w. S. Cox. The bond of ]. P. Sampson
proved.
IN TIE CASE OF SANDERS ACT. LYON,
Judge Macarthur delivered the opinion OF
the court affirming the decision below dis
missing the bill. II appears that Lyon sold
TO plaintiff $40 acres of land in Michigan,
givipg a warrantee deed, aud Sanders claims
that he was deceived by Lyon as TO the title,
taxes, &C.; and having paid portion Of the
purchase money, and gave notes for the bal
auce. Sanders brought suit In the Equity
notes. and the bill was dismissed. The case
was appealed, and the court sustains the
court below finding no frand, and that
plaintiff had the means OF ascertaining the
title.
IN THE CASE OF FITZGERALD AGAINST
LEESaAN
Judge Macarthur delivered the opinion of
the court. This case comes up on a writ of
certioIari to q justice, and the question is
whether magistrates judgment on the YER
DICT Of Jury Is aPpeslasoie, and the court
Of act Z, OF the amendments TO the Constitu-
tiOn of the United States, and the court
granted the motion to quash.
REAL ESTATE CASE.
Judge Macarthur announced the opinion
OF the court in the case of Fisk against Bige-
low. This Is case which comes up on ex-
tate. The decision below was affirmed.
LEGACY.
In the case of u. s use Of Josephine Turn
burke, agt. Parker, Judge Macarthur deliv-
cred the opinion OF the coGrt- Tnis Is an &C
ton brought 10 recover legacy OF Al 900
left to her by Julia Kelly, to De paid when
she should arrive al Is years, and having
amount. II appears that John n. Ford, the
executor, filed In the Orphans Court re-
ceipt signed by himself as trustee for the
the transaction. The Court affirmed the
judgment below in favor of plaintiff as
against Parker, a surety on the bond of Ford.
IN THE CASE OF HUE5rIS ACT. GRANT
the decree below with some notifications
was affirmed.
THE HALLECK CASE.
Judge Macarthur also delivered the opin-
ion of the court in the case of Benjamin B.
Halleck convicted of larceny of money
S47 ,0y1 .6j- from the Treasury. The action
of the court below in allowing the indict-
ments TO be consolidated was sustained; but
in regard to the admission OF certain confess
siops the action of the Criminal Court was
overruled, and a new trial is granted. Judge
Macarthur said that IL appears that Nc
Dewitt promised the prisoner that any con-
fessiOns TO him would not be used agaius
him. If Mrs. Bishop is credible, then the
allegation that inducements and promises
were made is sustained. 1t appears that
McDevitt sent to Major Richards and told
him TO go down and receive the confession.
The court was OF the opinion that any con-
fession which 1T was Incompetent for Nc
Dewitt TO give in evidence was incompetent
for Richards 10 give. Judge Macarthur re-
marked that the action of the detective and
the lawyer was different; the latter would
not, after getting the confession, call in the
superintendent OF police. In regard to Hall
a detective) getting into the cell and OBTAIN.
ing confession, he said that 1t was gross
abuse OF every principle OF decency, and they
would therefore give new trial.
Judge Wylie remarked that he had q note
from Judge DIN stating that he was too I'M
wei 10 be present, but desired that his dis
sent should be announced.
Judge Wylie said that he did not under
stand that the court ruled that Halls evil
dence was incompetent, but that they In
tended to express disapprooation.
Judge Humphreys said that when this man
got on the stand he should have been set
aside. Such evidence should be spurned.
Judge WyIle said that he feared If they
said that such evidence should not be re-
ceived, that harm would ensue. While he
disapprOved the action of the detective, he
would not say that such means should never
be used.
AN IMPORTANT DISTRICT CASE.
In the case of Shoemaker agt. District of
Columbia, Judge Wylie announced the
opinion of the court. This is the It'll street
road improvement certificate case, and the
the work was wholly without law, and the
certificates, In whoms0ever's hands, are
void. II is very important M after for the
protection OF the public that their servants
should have their hands tied, and the people
would be better of If the officers always act
within law. Judge Wylie announced that
this case was heard by all the judges except
ing Judge Humphreys.
Mr.. Cook prayed an appeal.
OTHER CASES.
Judge Wylie also announced the decision
IN the case of Gomez, (applica for a
patent affirming the decision of the Patent
Office refusing the patent.
In the case of Clark agt. Eaton ct AL,
which grows out OF the purchase of the Nc
hu
subsequently leased TO the Post Office depart
ment, Judge Wylie announced the opinion
OF the court, Diminishing the bill. An appeal
Dandy agt. Sharp; decision below affirmed.
Goodwin agt Kimmell; bill dismissed. An
appeal was noted.
nf irespass, assault and battery, and rape
Judge Wylie delivered the opinion, over
ruling the demurrer. The case Will now go
TO trial.
THE MARKET CASE.
Hoffman agt. the Washington Market
Company. Judge Wylie announced the de-
cision Of the court, affirming the decision
below, granting an Injunction enjoining the
sale of stands. Judge Humphreys read a
The PATENT PROCESS.
Cochrane agt. Deener, the patent process
lon OF the court, dismissing the case, saying
that the majority of the court were of the
opinion that there was no interference; and
were united that they could not grant it.
AID appeal was noted.
In the case OF Leavers and Raw,ins;
application for a patiently Judge Wylie
announced the opinion OF the court, af-
rmtiing the action of the Patent Office in
refusing to grant a patent. Huntington,
trustee, agt. Walker. Decision below az
frmed.
AN APPEAL.
Mr.. stanton asked that an appeal be noted
for the District In the case OF Shoemaker
agt. District, as also for the First National
Bank, OF New York, for which Mr.. Cook had
entered an appeal.
Mr.. Job Barnard, of the Indiana bar, was,
on motion OF Mr.. Cox, admitted to practice.
The Court adopted rule prescribing form
OF pleas TO be used in landlord and tenant
cases before justices.
VIM. Henry Dennis and l.. Cabell Will
Hanson was appointed examiners and
commissioners. l.. @. GatchelI, G. w. M
Hubbell, Joshua Banks and Samuel VIM
satt were appointed constables.
Hall and Holden agt. Davis; docketed and
dismissed.
On motion of John H. Cook, the following
named graduates OF the law department OF
Howard University, were admitted to the
supreme Court OF the District of Columbia
John I. Shuften, Alex. 4. Richardson, Geo.
Ii. Richardson and Chas. N. Otey.
The court adjourned to Monday next.
POLICE CoURT-Jtdoe SbseQ.
To day, Catharine Hill, throwing offal In
no cfr Af