Evening star. [volume] (Washington, D.C.) 1854-1972, 1876-01-20
THE cor RTS,
Court IN GkSKRAr Trp,

D0Unav.
was resumed and submitted. Manual Goye1,
ofFioTida, was on motion OF Mr. A p. Morse
admitted TO the bar. HitZ sgt. National
liant gives at appeal bond.
4 CONCRETE PAVEMENT CASE
The case OF George B. Abrams VS. John A.
DeWandelaer and Lincoln & Willard was
argued.
This cause comes up on motion for a new
trial on bill OF exceptions. The declara-
ton Is on joint contract alleged to have
been made by The three defendants with the
plaintiff on the 18th day of September, IST3
whereby the defendants agreed to paw the
plaintiff for certain apparatus and for mix
ing materials FOR a concrete pavement ana
for laying the same in one of the streets OF
the city of Washington, a the rate oftwentv-
i've cents per square yard. The damages
are laid In the declaration at Si.SH75. II
appears from the record, that one Thurston
had made contract with the Board of
Public Works, dated July Is, 1873. which he
had assigned 10 the defendant De Wandelear
and that De Wandelaer, being DESTROYS Of
securing the personal services and financial
aid Of the CO partnership Of Lincoln & Will
lard 10 enaLle him TO fulfil the contract with
the District authorities. made with said
Lincoln & Willard an agreement under seal.
dated July Is, 1873, reciting that said Lincoln
Willard had advanced to him large sums
of money, and had become responsible for
Ger ain debts due from him, and az horizIng
them TO collect the money from The Board Of
Public Works and to reimburse themselves
out OF the same for money advanced, aud
also 10 pay 10 themse YES So 900 for their prr-
EOGal services, the balance Of the money In
be paid over 10 De Wandelaer. a power of
attorney authorizing them to collect ali
moneys due him on account Of the work as
Inc ass gnee of ThurstOn from the Board
OF Public Works of the same date
was also executed at tie same time
The defendants, who appe al, take the ground
that this suit at the outset was on an issue
raised upon declaration on a joint contract
alleged 10 have been made by three persons
with the complainant. An attempt was
made to sustain this declaration by proof of
verbal contract by two of the defendants
and having failed in this, the suit was dis.
missed as 10 one and went on against the
other TWO on the alleged oral contract, until
Inc defendants, TO refute the testimony as To
mat contract, introduced a written stipula-
non made TWO months afterward, and after
all the work was completed. when the cause
took another turn and proceeded on that
instrument, and The court by its instructions
authorized and invited the jury to find a
verdict for the plaintiff based thereon. aud
they found a verdict for plaintiff for 81 stST5
m To,, than the amount claimed. Mr..
Messrs. Bond and Hine for plaintiffs.
POLICE CoURT-Jtdqe SaeU.
JO-day, Betsy Robinson was charged with
assault on Edward Scott, a little colored
boy, son of the pastor of the Enon Baptist
church. 1t appeared that about thirty
of the members of this church have become
dissatisfied with the pastor, and when he
up and went for him, and In the melee the
boy got struck; case dismissed.
THE PLACE WHERE WARREN FELL
ia, James Gso warren; larceny Of an overcoat
be tramp, and Officer O'Hare caught him
offering the coat for sale in a pawn shop
Warren said he bought the coat in BaltI more,
but Mr.. Hume testified that il was stolen
nom his office. Six months in jail.
PLUCKING A BIRD.
Edward Calvert, colored. was charged with
The larceny of S55 from Frances Bird. n col
oTed woman, who told the court that il was
stolen from box in her bureau drawer
Laura May, a six-fCOt cOlored woman, ties
tlned that she was sewing on top OF the piano
when Calvert came in, and during her alb
sence for few minutes from the room she
believes he took the money, as il was gone
on her return. While she was down stairs
she heard him tip over to where the bureau
was. Defence put on witness n prove the
good character Of defendant. Grand iurv,
bonds $500. j. Il. Howard, cursing; -.
Adolphus Mason, vagrant; down for ninety
days.
CHARGE OF PERJURY.
KoherI w. waters was charged, the
oath of Guy ii. Thompson, with perjury as
witness in the Criminal Court. on the 5th
ana 9th days ofJanuary, in the case in which
said Thompson was defendant. Mr.. Birney
stated To the court that the complainant an q
one Il. j. Lazenby, an important witness,
were a present confined in Jail, and il would
be necessary for postpOnement until a
haneas corpus could be got from the Su-
preme Court. The court so ordered IT, and
fixed the bonds at 700. III. c. Horsthaus
collateral. David Harrington, pro-
fane; 50: James Thornton, loud ana bolster
Gus IN Enon Church; $40. An appeal taken
and bonds fixed at 500 William Loring,
charged with selling whisky without license;
sos. An appeal noted.
CORNELL. THE BURGLAR, IDENTIFIED.
VIM. Cornell was charged with burglar
iOusly breaking and entering the dwelling
house OF Mr.. Fitzhugh COyle, on X street, on
the evening Of the 18th instant Mrs CovIc
testified that she had fallen asleep in her
room, and was aroused by the presence OF
some man in her room. she gave an alarm
when me man made his escape by a back
stairway. When she was aroused the man
was standing within three fee: OF the head of
her bed. She saw him distinctly. A dia
gram was here exhibited showing the reIa-
tive cations of her rooms, &c. Mrs. G. tes-
titled that she made q bound and ran out
The man made his escape through n bath
room, through her daughters room, 10
back stairway, and through a window, as
She believes. She recognized the prisoner
fully in the dock. She missed a valuable
gold watch worth 500 Immediately. This
watch was over two hundred years old.
Three rings belonging to her daughter were
also missing. 1t was about dusk, and the
gas in the house was lighted. On cross ex-
Mrs. G.. testified that she saw
this man close by at the bureau, when shc
aw oke. He wore snuff colored coat, but
thinks he had no hat on. She recog-
as The person who entered her room.
Mr.. Fitzhugh Coyie, husband of Mrs. Coyle,
testified that IL was very nearly O'Clock
when Mrs; [. gave the alarm. They were !
dining at the time, and the gas was lighted. |
The window spoken of by Mrs. G. had been |
disturbed; 1T is located over the back porch. |
There was nothing broken about the win |
dow or the porch. The window was up, but |
he could not say whether or not the eatrance !
was made through IL, but IL was evident he |
bad made his escape this way. ChaS. Bell,
colored, cOacbman for Mr.. Hosmer, who |
resides next door to Mr.. Coyle's house. testi- |
led to seeing this man Cornell, whom he |
recognized In The dock, jump over the fence |
of Mr.. Coyle into the alley and pass out.