Evening star. [volume] (Washington, D.C.) 1854-1972, 1876-01-15
The C0URTS.
CRIMINAL CouRr-y,,tce n


auyer: was convicted of simple assault.
John W. McKelby, United States sailor
charged with an assault upon Joseph Simms
on New Year day, was found not guilty.
TO-DAY.
This morning the assistant attorney OF the
District (Gen. Birneyl entered at the request
of the commissioners nolle prosequi In the
case of A. f. l.. Reese, convictSS In the Pl-
lice Court OF having retained bis papers as
Justice OF the peace beyond the time pre-
seribed by law. Charles Getz, convicted OF
an assault yesterday, was sentenced 10 paw
fine of $50 or 10 be imprisoned three months
in jail. The sentence in the case OF Jarvis
Soper, convicted OF assault, TO pay a fine of
S25, and 10 be imprisoned three months. was
modified so as to remit the imprisonment.
Charles GerhOldt, convicted of an assault by
shooting John L. Martin, was called FOX SEN
tence, and In reply TO the court stated that
he had been in The habit of keeping a loaded
pistol in his room and carried II out on the
day of shooting. The judge said he was sorry
that he had to ma ke an example to boys q no
carry pistols, but the practice must b.
broken up, and he therefore sentenced him
10 psy fine Of $50 and to three months in
jail, and in default OF fine six months in in.
TIE PAY ROLL CONSPIRACY CASE.
Tie case of Guy Fl. Thompson and Thomas
j. Lazenby, victed few DAYS ago OF con-
spiTacy to defraud, was called, motions for
new trial having been fled py Mr.. Cook
fer the first named, and A. q. Riddle for the
other. Mr.. Cook read the motions with Jue
ahdaVIt. Mr.. Cock preceded to argue the
motion, in which he remarked that Mr..
Cnilds' name was yet On the list of juro s,
and he should have been called: that thee
was 70 good reason for passing his name by.
District Attorney Wells remarked tn 1t
there were reasons for not calling his name;
that L. had requested that his name should
hot be called, for be knew that he was not a
competent juror ana asked that he be eX-
cused.
Mr.. Cook said that his information from
Mr.. Childs was that the District Attorney
had requested him not to appear.
Mr.. Riddle, for LaZenby, proceeded to
argue the matter. He said that in all his
experience he had never known a conviction
on such slender evidence as was offered as to
LaZenby, and he argued that under the facts
they were entitled 10 new trial
Gov. Wells in reply argued that the YER
diet was in accordance with the evidence,
and that the proceedings were regular.
Mr.. Cook replied briefly, stating that If
Judge Macarthur had signed the bill OF ex.
ceptions in the May case, the same queS-
tions would be before the present term of
the Court in General Term, but ne would
submit that while these questions were
pending the defendants should be released or
Judge Olin said he would announce his de.
cision on Monday morning.
Before Judge Macarthur Owen TAYLOR,
convicted OF may hem, was sentenced two
years in the Albany penitentiary.
John Cartier, convicted OF burglary, was
granted new trial.
THE sentence OF +. 7. Smith, convicted OF
an assault yesteTday-a fine of SOB and three
months in jail-was changed to fine of so,
which was paid.I
CIRCUIT COURT-J1tffgP CARTER.
Yesterday, the case Of OtterbacK agt. Brown
was given TO the jury, who were Instructed
to return sealed verdict. The court ad-
jOurned the jury trials.
The jury in the case of otterback agt.
Brown returned verdict for plaintiff for
the amount claimed, with Interest from 1851.
The balance of the day was occupied in
hearing motions.
EQUITY CoURT-J,ulge Wplie.
To-day, Wheeler agt. Wheeler; direction for
proceeding Baily agt. Bond; prayer for pc
titiOner refused. Easily agt. Easily ct al:
decree for sale. COltman agt. Moore ct AL;
order adjusting differences. Hoffman agt.
Mitchell; decree fixing rights OF parties.
CaUsten agt Shriver; decree tor conveyance.
Hartly 8gt. +. S. and I. Company, and +. S.
and T. Company agt. Eaton; referred 10
General Term. Hoffman agt. Washington
Market Company; decree pro cOnfeSsO agt.
bill. Appleby agt. Winston; bond of appeal
POLICE CoURr-Jlllge Shell.
To-day, Annie Lewis was taxed s. fer
using naughty words on the street. Lucinda
Ann Henry, loud; So. James Fisher was
sent down for vagrancy. Daniel Bailey,
loud; IS. Henry Mason, same; IS. Eliza
words on the street; $. Alice Brown, loud
and boisterous; IS. George Mag told man
10 go to very hot place, and in turn wei
policeman, and this morning was charged 5
for lodgings. Henry Mason, an alley range,
was fined IS for interfering with other peo-
pies rights, and swearing. James Maso g,
about the same kind OF chap, was reminded
10 the extent of So that his style of language
on the public streets would not do. William
LOring, charged with selling liquor without
license; continued. Frank Barnes, assault
on Thomas Burgess; s.. Patrick Powe' s,
assault on Bridget his wife; personal bonds
TO keep the peace.
TALE OF A SHIRT.
Mr.. Birney entered nolle proseQui in the
case of the United States against Alice o.
futt charged in a warrant issued by q juS-
tice OF the peace with perjury. The warrant
sets forth that Alice "did falsely swear b.
fore the Criminal Court of the District Of
Columbia, on the 14th of January, that
Maria jenkins was talking with Mira Har
ris, and held q shirt In her hand on the 18th
or 14th of September, 1876" Mv. BiTney
stated that he had made diligent inquIrV,
and had ascertaiDed that the fact that Maria
jenkins held shirt in her hand WIS not
material to the issue before that court, there
fore the charge of perjury could not he sus-
tanned W. tn or without the shirt. The court
thought IL rather a thin case, and acquiesced
in the nolle prosecute.