Evening star. [volume] (Washington, D.C.) 1854-1972, 1876-01-17
THE COURyS

WOuIu ueClSlOn,
and would now state verbally that the only
questions considered by him were as TO the
verdict being against the evidence; whether
whether Lucket was pyoperiy ioined. leaV.
Ing the questions OF law to be determined by
the exceptions.
since the papers had been handed to him the
AFFIDAVIT OF one Moran had been left at his
house. Had this affidavit been included in
the other papers II might have affected the
decision. He desired 10 state that since he
had been on the bench at the present term OF
the Court he had been exceedingly annoyed
by parties interested in cases calling on him,
some with tears in their eyes, and others
with imprecatiOns on their tongues. 1t
seemed IL had come to be a common law
practice for persons to tall TO judge when
cases were pending. He did not like to treat
persons with disrespect, especially those
who are afflicted and are suffering, because
some member of their families has violated
the law, but they should remember that IL
is an offence to talk TO judge as much so as
to juror when case is pending, and If he
found man guilty of talking to juror OF a
case pending before him he would commit
him to Jail. Trials are public and should be,
and this practice of sending affidavlts to a
judge or coming to him to argue or plead
when the case is pending. should be broken
up, and he had determined to make an ex-
ample OF the first one who again attempt
ed il.
Mr.. Cook desired TO state that he had never
sent papers or affidavits, or even conversed
with a judge on pending case.
(Messrs. Cook and Rddle) too well to be-
lieve that they had any part in sending this
affidavit
The opinion filed says, on the first ground
viz: chat the verdict was against the evil
dence," that the court has no doubt but the
evidence abundantly justified the verdict.
fully indicted, and thereby the other defend
ants were deprived Of his testimony" is dis.
cussed. He says that DO motion for ,sev-
elance was made. and had one been made
and allowed, neither OF the parties Jointly
Indicted could have been a witness. 1t was
true that after the government had given its
tai of Luckett, but the court denied it,
because there were facts proved in the case
which required him to submit the ques-
lion OF Lucketts completely To the jury.
The third ground, newly discovered evil
dence,' is supported by affidavits, and he
says the rules by which applications for q
new trial are TO be governed are very well
settled. Among them, as fundamental. are
the following: "a new trial will not be
granted on the ground of newly discovered
evidence, If 1T appear that the evidence
might with reasonable diligence have been
procured before the first trial. Nor will ii
be granted where newly discovered evidence
consists of merely cumulative facts or cir
cumstaDces relative to the same matter con-
trOverted on the former trial. Nor will a
new trial be granted on account of newly
discovered evidence which is only material
to impeach or contradict witnesses sworn on
the former trial" He continues on this
point: "LoOking therefore at the affidavits,
see no such facts stated in them which, in
The light OF the cases have before referred to,
would authorize the granting of a new trial.
The next point as 10 whether the jury was
not legally impannelled is discussed
The opinion says as TO the af1davits that
LaTner and Childs were not called; that
there is no suggestion or imputatiOn that
the omission to call the names arose from
corrupt or fraudulent motives on the part of
The deputy clerk. alt was simply such an
irregularity in the proceeding as would be
waived by the defendant proceeding to trial
before the jury as impannelled. 1t is not
complained or suggested that the jurors as
Unparalleled were incompetent 10 serve as
jurors except one who had served upon a
jury within two years preceding the trial"
Judge Olin further informed the counsel rs
the court is to be kept open he would defer
sentence so as TO give counsel an OppOT-
tunity to take the case on exceptions To the
General Term.
COURT IN GENERAL TERM.
To-day. John W. Warner, OF Baltimore,
was admitted 10 the bar on motion of Mr.. B.
II. Webb. The application of Jas. I. Duffy,
OF Indiana, was referred to the committee of
examination. Applications for constables
positions were filed by John Patch and AL
exander Dodge. George w. Paschal, Regi-
maid Fendall, and Francis Miller were APP
pointed the committee to examine appli-
cants for the bar. CherOkees OF North Caro-
lima agt. CherOkees Of the Indian eerritory;
appeal dismissed. Boucher agt. Boucher:
ing; passed for settlement. United States
ag'. Lewis alias Smith; appeal dismissed.
Griffith and Creecy agt. n. A. Neuchat-l
Roofing and Paving Company; motion to
dismiss appeal fled. United States use of
Tuinhurke sgt. Parker; submitted. Shed
aet Ordway; motion To dismiss overruled.
). Mosby was admitted TO the bar OF this
court.
POLICE CoURT-JuoIqe Smell.
To-day, Anna Granger forfeited collateral.
Ogle Washington, charged with permitting
a female dog to run at large. Also, charged
with throwing stones III the street. Officer
Reese captured the dog and Ogle and shot
the former after caglng them both at the
station. The court imposed a fine of 50 for
throwing stones and so for the dog. Jessie
McCooey forfeited collateral for being drunk
on the street. Matilda Washington, cursing
in Georgetown; IS. Charles Griffin was sent
down for vagrancy. Mary Alberts, a prosti-
tute and vagl ant, was sent down for ninety
days. David leeds forfeited collateral. VIM.
Knight, indecent exposure; $40. Chas. Fred
eTick forfeited collateral Michael Mickey,
DO. Albert BOlden, disorderly assembly; S5.
Humphreys. same; So. James McConnor;
forfeited. Charles Meaders; do. Joseph
F1eeland; do. Edgar Skies, cursing; -.
Josephine Armstrong, same; So. Amanda
Stewart, same; SIS. Richard Robinson; for
Ieited. Edward Griffith, charged with
throwing rubbish on county road. contin-
for vagrancy. Mary f. Sims was sent down
/ for vagrancy. Anna Smith; sent down.
/ samuel Banks, genteel and rather fast
| looking young colored man was stood up for
| vagrancy. Officer Hughes told a rather bad
! story on Banks and the company he keeps,
| so he was sent down for ninety days. Daniel
/ Buckly and Edward Long; forfeited Eliza
/ beth Nugent was again sent down for va
| gIancy. Mile MingeL, loud; IS. Bernard
| McKenna forfeited. Michael McCarty; do
| j. Shea, running a wagon with no number; So
| Charles Allen, larceny Of a basket, spoon
/ napkins, &c, pleaded guilty, and stated
| that the complainant, one Hall, owed him
! money and he took these things to pay him
! self; $40 or thirty days, the court remarklng
! that the law did not recognize this new way
| OF paying old debts. John Talbert snatched
| ham and the officer snatched John; sixty
| days in jail Sarah Warren, larceny of frac-
| tOnal currency, &c, from Mrs Rrundlett;
sixty dpys. John Bowie, Thomas Gibson
! and Ed. Carter, charged with larceny OF
| harness; $50 and default three months
| Tor Gibson and the others dismissed
| Nathan Ashton, assault on George Jackson;
| $40 and costs. John Brown, LARCENY of a log
/ chain; SO or thirty days. Thomas E.
| Dreamer, char ged with receiving a basket
! hopkins, spoons, &c, for the purpose OF de
| frauding one Joseph Hall, knowing them 10
| be stolen; continued. Edward Si.nms, lar
| eeny of seventy-hve cents and a street rail
! road ticket from Antoine Fisher; sixty days
| in jail. Margaret Johnson, assault on Lizzie
! Diamond; So. Frank Douglass, larceny OF
! S5.56from VIM. Ward, said Ward being pu;
| in bodily fear by Douglass; $50 and costs.
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