Evening star. [volume] (Washington, D.C.) 1854-1972, 1876-11-24
THE COTRTS.


submitted. In this ease plaintiff sues for
damage by reason Of defendant maintaining
the railroad on 9th street, ed defendant in
the court below demurred TO the declaration
on the ground that IL was the duty and obliga-
ton of the plaintiffs TO ascertain or cause TO
be ascertained the said damage in manner
and form as prescribed by the acts of Com
gress OF May q. 1852, and until the plaintiffs
ascertain or cause to be ascertained the said
damage by an inquisition of jury, and the
same shall be returned by the marshal to the
Supreme Court of the District of Columbia
and ratified by the said court, the plaintiffs
are not entitled to maintain this action or to
recover against the defendant damages as
claimed. Nor is the defendant required to
pay the damage If any, which the said prop
erty sustained by reason of the laying OF the
said track along said street. This demurrer
was Overruled below and an appeal taken
Mr.. Payne appeared for plaintiff and Mr.
Stanton for defendant. Speiden VS.. Davis,
ON appeal; ability of demurrer submitted.
OToole VS.. Dempsey, on appeal; ability of
demurrer submitted. Burr VS. Myers, argued.
TO-DAY.
This morning, Samuel NJ. Wilcox. of the
New Hampshire bar, and Liberty Bartlett. of
the Arkansas bar. We're admitted to the bar
of this court. James N. Mcintosh was APP
iidge.
Willard agt. Bank Of the Republic; contin-
ued Holden agt. Linville; do. Freedman's
Savings and Trust Co. agt. Kennedy; decree
reversed and cause remanded TO court be-
low.
The cases of Yates ct al. agt. CaSSin ct al.
and Malloy agt. Fifth Ward Building AssO-
citation were heard together. The question in
these cases is the legality of fines imposed for
rOp- payment of dues In the first-named
case Yates was a stakeholder in the Eighth
Building Association of Georgetown, and he
alleges that he sold ont his shares. and sub
Stquently defaulting in his payments. the de-
PENDANTS, Cassin and Gordon. advertised his
property for sale. He therefore filed his bill
for an account and for an injunction.
In Il
the complainant sold ont his shares, but as
set that he borrowed the amounts. The
court. on hearing bill and answers. passed an
order referring cause to auditor. to state the
account of said Yates with said association
in accordance with the constitution of said
association and the obligation OF said Yates
ana coIitlhuinS the restralng order until the
coming in of the report of the auditor. On the
ri OF March, the auditor filed his report,
showing on the part of Yates: DebitS-ad-
Nances 81 100. dues $3.50. fines S1S1.25, insur-
ance S2340--aggTegating So ,S6I.G5; and credits
- months'S dueS $40. payments i'm cash
St9.15--aggTegating 81 .S0925. which, deduct
eel from the total debts, shows balance due
of S205i.90 and necessary TO obtain release
or SjJ4.g0 to resume relations with the aSsoci-
alton. To this report the complainant eN-
celted, 1St--bccause the auditor erred in al
lowing fines; 2d-because the auditor erred in
allowing insurance. Upon the hearing OF the
exceptions the court, on the 18th of April or
deIed aud decreed that the first exception to
said report be sustained and the second ex-
wise ratified and confirmed. From which
last decree the defendants prayed an appeal
Nessrs. Merrick and Perry appear for com
pla inants. and Mr. X. h. Elliot and Mr.. Cas-
sin for defendants.
CIRCUIT COURT-JialJe C;ITttcr.
To-day the case of the United States agt.
VIM. Lilley was on trial This is an action
rs surety Oh tae bonds Of Mr.. +. y. NcCart-
ney, formerly .disbursing agent of the Post
Office department. Tie defence i that Nee.
not having been legally appointed officer
The defendant is not liable.
POLICE COURT-Jud0e SaeU
Yesterday, James Webster was charged
with an assault on Julia. his wife-a bad
case. The court imposed q fine of so and
required SEQ bonds to keep the peace and
stand committed until given. Anna Kelly,
assault on Jane Kelly; - or ten days. Har-
Tiet smith. jr.. larceny of some clOthing val
ueO at SIS, from Harriet Smith. 81; so or
thirty days. Charles Henry. assault on Jane
Williams; 50 and costs. Buck PlumsiII,
charged with cmbeZZlcment of - from Geo.
=. ward, a huckStcr; SO or thirty days in
jail. Anna Cox. alias big Kentucky joe"
as she calls herself, a StOut-built but not at
all pretty young spinSter, was stood mp on
the charge of Keeping a diSOrderiy house.
Officer Breen testified that Annie'S rancho is
on &, between 18th and 18th streets. Ever
since she has been there (SeVcral weeks the
house has been IN "A diSgraceful state of dis
order. He recited some of the scenes enacted
there. Himself and Officer JeffrieS arrested
her last night, and She slept in the guard
house. 500 Hne, or sixty days. An appeal
was taken, and bonds fixed AZ $500. John q.
Commodore and John Swami. loud and bOis-
ferrous: - each. Patsy Bird and Louisa
PlackwCCd. disOrdeTly in the market-hOuSe;
- each. Robert Hawkins an abIe-b0died
cOlored vagrant. pleaded guilty TO the charge
OF vagrancy, and was sent down. Henry
johnson, same; down. Thomas Kcarney. a
white yagrant, was sent down. Eugene Hur-
die was also sent down ON the same charge.
Anna Miller, Frank Kinney and johnson
Blair forfeited collateral.
TO-DAY.
VIM. Ryan, selling rum without license;
Sl0j; appeal taken. Birney Gallagher. as
Sault ON Edward Haley; $40 and costs. Rich
ard Murray. an Irish rough. chargel with
assault on officer Mitchell; grand jury; 500
bonds. Jerry Curtis. tRreats 10 George
Washington; SlOO to keep the peac'. Henry
70 Edwards, assault on John III. Wells; so
ard costs or thirty days in Jail. Joseph Ma
son, larceny of a pair Of shoes; six months in
Jail.
CHARGE OF FALSE PRETESCES.
Fulton Rice, charged with obtaining from
Albert j. Whiting one bay mare, a set of
harness. and S6j in money by false preteaces.
Mr.. Whiting testified that man named Hill
ton offered To exchange horse belonging TO
Rice with him wv. for a horse belonging 10
the latter. Hilton appeared TO be acting as
agent for Rice. Rice's horse was in a stable
belonging to a Mr.. Harper. Mr.. Harper, who
was authorized by Mr.. Whiting to make the
trade for him, testified that Rice substituted
another horse for the one agreed upon and
not so valuable an animal. Mr.. Hilton was
acting in tire interests of Whiting. Several
other witnesses were heard TO show the trans
actions between the parties interested, aud
after argument by counsel the court held de-