Evening star. [volume] (Washington, D.C.) 1854-1972, 1877-12-08
LOCAL NEWS.
THE COURTS.
Conn ~ GrNFKaI TrRN-

the Judges present. Mr.. cox moved the ad-
mission Of his student, Mr.. Heath. 10 the bar,
and the application was referred.
MANnANUs On THE SECRETARY or THE INrE-
kioR
MI Ccieman made motion Cor an order 90
show cause Why mandamES should ACT issue
To compel the secretary Of the Interior 10 sign
a deed for land Ia J. d. Blunt Mr. coleman
stated that the objection was that an act "a
Congress was IN the way. and the pe,iliaaer
claims that the iaM = uncoEStiiut ional The
order 90 show cause WAS granted. and made.
returnab,e to the January term.
The bond 1T L u. Hodgkin a. Justice of the
peace Wa approved.
rHE POllCE COURT BUILDING CASE DECIDED.
Judge Macarthur delivered the opinion OF
he cont lu the case oi Wilson 81 a. Ak. the
District q Coiumi,ia-hfil g. r,,,t rain III. Dis
trici Commissioners from using tie Unitarian
church property (cvruer ~ 9TH and II ~trs,tSl
tuT foic" Court purposes. i'm which an injunc-
ton NaS Awarded below ~ Judge wylie.
JrdC" Mac Arthur after rccitinV the LAWS on
Toe subject. said majority at the court were
oi the opinion that they Invested th, Commits
SionsrS with authority u provide 4 plare Tor
holding the court thus oNerfuliBE he decision
below awarding he injunction. The iniuns.-
ton Was Therefore dissolved. and the hill dis
missed
Judge WyIie di>>euted and remarked that
he regretted the conclusion on account of the
selection made oi the site by the Commits
Siuner>. The Police Court IN the ncighhorhood
of private families y an offence AGAINST them.
u i nov decided that hecau~c the law pro-
Nide> Tor he Commissioners 10 hear the eN-
- use tllCA may locate the court 40 any poiut
United STATE W csm me- iss he aut ~ 1s
to locate the court Was I'm the marshal lie
did not think d followed than because the Dis
triCl PAYS the expense u has the power Ia buy.
Judge Humphreys concnrred in the ude-
mruf ~ the court. for the law had Transferred
the power To the District Commissioners 10
regulate The local police matters OF the Dis
triCt.
Chief Justice Cartier concurrel an The opin.
ION oi thc cuuIl The marshal ct the District
y not by law the marshal uf the court. To 40
back la lSl to hud authority too the mar
>hal i an evasion. To find place Tor the
court n one ~ the expenses. There i nothing
IN the ease about the purchase Of property.
The bill and answer shows that tn question cd
purchase u diSaNoMcd. n the court 1.-THE PO-
lice Court had no place there would then be n
nuisance lar exceeding any nuisance made by
the court.
OTHER CASES.
In the case Of Maxwell against the District of
COMMUNICATION Tor damage 10y falling into
an eNCal walton, which has been tNicc tried and
a verdict Tor 500 given aud appealed To
TIE supreme Court of the United States.
: brought M now ON eNception-Iudce Hum
phleyS delivered the opinion Of She court az
hrluing the Judgment below.
United states against W. IA Lampu--aPfiOn
10 recover s2Uoo and intercst-Judge wylie
delivered the opinion of the court affirming
the Judgment below in favor ct defendant
In the ease ri Rider AIT. Mor>eli. Judge Wy
ne delivered the opinion of the court, tine de-
cree below being affirmed.
Judge Mylie delivered the opinion of the
cour; i'm the ease of Rocker agt stewart in
which the widow of Booker filed bin for ON
account 81 tue profits subsequent Ia the death
Oi Booker. TIE ease Was referred To the audi
tor. ANA Ire made a report not satisfactory 10
either sue, and exceptions were filed by both
>ldeS. second time IL was referred 10 the
auditor and both sides again excepted. The
court he that the business Il a BARRIER was
not mandatory nor mercantile business;
that th"lt Was no good viii about 81. and the
partnership ceased on the death of Booker.
ana dismissed The biii, each party la pan his or
her own cost.
IN the ease oi T0mpkinS AIT MandeI-on n
rule on he District Commissioners 10 bring
certain auditor ScertiiicateS into court-Judge
NNie delivered the opinion of tBe court. in
which !! !, held that the answer of the Com
missiOEcrS was conclusive. a. Congress had
taken authority over these certificates out Oi
their hands. and the rule was therefore dis
changed
In the ease OF EIer against Bercling. Judge
NNlic ANNOUNCED the decision al the court at
filming The decree below. This j. a Till to
compel TIE defendant, aS an officer of the Ger
man Roman Catholic Relief Bund. 10 pay the
plaintiff the amount insuTed-one dollar Tor
each surviving member. Judge olin dis
SCnieG.
In TIE ease OF Hovey and Dole at Melon.
aid and White. an which aH order was made
that deieldaniS pay into the registry oi the
court $500 10 abide it, decision. and was not
obey Judge oilh announced the decision OF
the courl atjudging TIE defendants Ia be IN
contempt. and unless they comply with the or
der iheir answer be stricken out. sc.
opinion VAS delivered by Judge oln. In this
case II. 4. Page borrowed $50 of BuTnStine.
giving him an Interest i'm his life insurance for
StetV, and subsequently Page failed to pay the
premiums. when he assigned the policy 10
BurnStine, who kept mp the premiums. The
Judgment below di>nis>ing the bill was affirm
ed. Ar appeal was prayed.
IN the case of Daut agt. District If Columbia
/ Chief Justice Cartier delivered the opinion of
the court. Dant was iniured by falling into
an Misunderstanding. in the language of the
Chief Justice. mi>took an alley for an avenue.
Z he question was a. 10 whether the plaintiff
did not contribute To the damages. and below
a verdict was given TO the plaintiff. The court
reversed the jud gment below aud awarded a
new trial. Judge Humphrey dissented.
In the case of James Arkell, tpatent appeal
opinion of the court, affirming the decision u
the Patent Office refusing the patent.
In the ease OF ID. w. Davis application for a
patent for preserving meats, Chief Justice
cartier delivered the opinion. anrmlng me
Patent oiiice in refusing the patent.
keefe AIT. Malone reargument ordered.
In the case OF Booker agt. Stewart al appeal
Was noted.
The court adjourned 10 the 22d inst.
POLICE CoURT-yadoe Smell.
To-day, John Brown and Joseph Ferguson
two colored loafers about the Capitol building
We're charged with disorderly conduct and
| fined - each. John r. Nogt. owner Of a yicious
| dog, which bit colored man in the market
house. was arralgned. dog ordered 10 be killed !:
bonds Mary Miller; charged with threats 10
house ease I'm the court yesterday; personal
bonds. James A. Simons and VIM. Belts for
forfeited SO collateral tor an atfray ON lsth
street yesterday. Henry Lee, larceny OF a
hall bushelol coal; 8. VIM. III. Lee assault
on Matilda Barnes: -. John Robertson. lar
eeny OF a gun worth sl2.
A FORMER WASHINGTON CLERK H.xcrn
II OHlo.-Nilliam ;. Bergen, who murdered
McBlide. AZ Mount Vernon. Ohio. last June
Was hanged there yesterday. When the drop
fell the moose Slipped and Bergen fell heavily
20 tie ground, half Strangied. He urged the
sheriff 10 finish the work quickly as he WAS
choking. In about fifteen minutes Bergen was
again placed on the scaffold and successfully
launched into eternity Bergen was - years
OF age Of good family. but was wild and disso-
lutte. He was an ex-Union soldier. who lost an
arm in the service. and was besides an expert
Pennlan and accountant. He at one time
hlled clefkship in the Interior department.
IN this city. Mr.. Delano (formerly Secretary
OF The lnterior) procured several good posi-
lions for him, but he repaid him by threaten.
ing 10 Kill him. When crazed with drink he
was a very dangerous man. He finally killed
young man named Thos. j. Mcbride, and
for This murder he was hanged.