National Republican. (Washington City (D.C.)) 1872-1888, 1877-01-17
THE COURTS.
suprem. Uour. of the United States.

Smith. In error to the Circuit Cour the United
Juttice Waite announced the decision of the court
/ Affirming the Judgment Of the said Circuit Court
| In this cause, with costs and interest: ~
/ No. $40 The Western Union TELEGRAPH Com
| pany, plaintiff in error, VS.. Jonathan Rogers.
In error 10 the Circuit Court Of the United States
| for the District of Nebraska. Mr.. Chief Justice
Waite delivered the opinion of the court, dismiss
ing the writ of IN this cause tor the want Of
No. III. Christopher Meyer ct al, appellants,
VS.. stephen Prichard; Appeal from the Circuit
Court Of the United States for the Southern dis
| triet of New York. Mr.. Chief Justice Waite de-
Hvered the opinion Of the court, dismissing the
| writ of error In this cause with costs.
No go WIN. Glenny, appellant vs. s; a and I'M M
penter in behalf Of counsel dismissed; costs to be
| paid by sppellees.
| Cyrus c. Clark. This cause was submitted on
printed arguments by Mr. Assistant Attorney
General Smith. Of counsel for the appellant, and
by Mr. Charles Z. Pike Tor the appellee, under
| No. 7ss. The United States, appellants, vs.. JOS
5, ON
Smith, of counsel for the appellants, and by MIR.
James Lowndes for the appellee, under the TWEEN
No. loo. II. W. Fuller ct a., appellants, vs.
| No, I6I. II. W. Fuller ct al, appellants, VS..
| No ls2. II. W. Fuller ct al. appellants, VS..
| Herman b. Goodrich The argument Of these
causes was continued by Mr.. W. B. Scates, of
counsel for the appellees, and concluded by Mr..
E: N. Diekerson for the appellants.
No l04, (assigned.) The United States, plain
uffs in error, VS.. Annie Fox ct al The argument
Of this cause was commenced by Mr.. Assistant
Attorney General Smith, Of counsel for the plain
tiiis in error, and continued by Mr.. James Flynn
for the defendants in error.
Adjourned until to-day at Il o'clock.
Supreme Court of the District.
Chief Justice Cartier and Judges DIN. Wylie,
Humphreys and Macarthur on The bench.
ARGUMENT IN THE HoRATIo ANEs SUIT CON
CLUDED-rHE CASE OF CHARLES sTRoBEL, CON-
ylcTED OF NANsLAUGHTER, ON A BILL OF En-
cEPTIoNs.
Estate of Horatio Ames, deceased; an appeal by
Charlotte Ames, ADMINISTRATIVE. This is an
issue sent up from the Probate Court, viz:
whether the credits claimed by the administra-
trx for amounts paid Arrick for his alleged ser
vices as counsel for Horatfo Ames in procuring
the payment to Ames by the Government of slSe,
coo, were properly dsallowed upon the merits.
The case was argued by Mr. Edwards for the
Administrative, and Mr.. Stanton for Wilson, ad-
the money retained by Grrici was administered
upon and should 20 10 the administrator de bonfs
non c. I. a. Argument concluded and case SUBJ
mitted.
The United States VS.. Charles Styobel. This
ease comes up on exceptions, first, to the decision
Of the justice holding ths criminal term over
ruling motion on arrest Of Judgment. The facts
in the case substantially as follows: On the
evening previous to the homicide two young men,
William Rally aud Henry Altman, the younger
brother OF the deceased, met and had q conIro-
versy, the result OF which was q meeting on the
following evening, before Island hall, in this
city, for the purpose of having fight and set
Ting their dispute. Before the fight Charles
Strobel, who had been engaged cleaning fish at
his own house, came across TO the pavement in
front of Island hall, bringing with him his coat
upon his arm, and the knife with which he had
been cleaning the fish. Upon arriving at the SPOT
of the anticipated fight he sat or lay down on
one Of the cellar doors which extended into the
pavement IN front Of the hall: The deceased,
William Altman, was at this time reclining on
another cellar door, some few feet distant.
When Rally anu young Altman were ready to
fight, Rally had his hand in a back pocket, or ct
any rate behind him; a mark had been made
which the eombatants were to toe. Young AZ
mon asked RALLY what he be- in his hand, to
: winch he replied, "h6ne Of your d-n business"
When q short distance from Altman he threw
something of q metallic nature at him. Altman
but not him and
pished Rally the missile he threw at him
StrobeI denied, with oath, having given
ane ybe anH d Tas or
turned by Strobel.
At this time the deceased, William Altman,
interfered, saying. "Dort you hit him (referring
to his brother) he Is too little; If you hit him you
will have to hit me-" and as he said this he
deceased ds and ths defendant wrestied to and fro
on the Sidewalk, when suddenly the defendant
stabbed the deceased in the abdomen with the
ceased during the ARRAY did nothing more than
to attempt to protect his brother from Strobel
and to separate the Someata9t,: After the , d.
and threw them at the defendant who ran. The
defendant during the struggle was bruised in the
mouth. After the older Altman was stabbed
the defendant made q thrust with the knife at
the younger Altman, but only cut his vest, the
stab not penetrating to the bedy. During the
whole difficulty the younger Altman held in his
hand piece Of lead with string tied TO it.
Strobel was convicted Of manslaughter and sem
II. Wells, District Attorney, appeared for the
Government and Messrs. Oleary and Boarman
for the defendant. Case still on.
Probate Court.
WILLS PROVEN AND ADMITTED TO PROBATE AND
NEUTRALITY-SUSPICIOUS. ACCOUNTS PASSED.
Ia re estate of Horatio Stone. Additional in
ventory returned by administrator.
Ia re estate of Anthony Best. Answer to a rule
of the court.
fully proven and admitted TO probate.
In re estate of John p. Pepper. Demurrer to
petition of Henrietta p. Chase.
In re estate of Robert 5. Bayne. John H. Smith
appointed administrator.
Last will and testament of Daniel Wells filed.
Last will and testament Of Ellen O'Leary filed
Ia rs estate of Fielding B. Meek. Inventory of
personal estate returned by administrator.
Last will and testament Of Craven Ashford
proven and admitted 20 probate.
In re estate Of Patrick MeCabe. Collector ap
pointed.
personal estate returned.
In re estate Of Darlington Smith. Inventory
ofpersOnal estate returned.
Last Will and testament OF u. +. Winslow.
Order OF publication made.
Las; will and testament of Morgan B. Mat
thews Proof Of publication nled.
of publication made.
In re estate Of John Marbury. Inventory of
personal estate returned.
Adjourned until Friday next, at II o'clock.
Criminal Court.
Before Justice Macarthur.
JOHN BowES DENIED NEW TEIAL-THE CASE
TAKEN Up on EXCEPTIONS.
Henry Williams, indicted for assaulting a man
named Charles Gross, in April last. On motion
of the Assistant District Attorney noHe prosequi
was entered and the prisoner discharged.
John Bowen, convicted Of presenting fraudulent
claims against the Government for bounty and
arrearage of pay due one George Bowen, alias
Major Dabney. The counsel presented q bill of
exceptions, which was signed by his Honor.
motion for arrest OF Judgment and another for a
new trial were entered and both overruled by the
court. The prisoner was then sentenced to two
years in the Albany penitentiary A stay Of exc
cution was granted, pending the action on the bill
of exceptions.
Police Court.
Before Judge Smell.
MAHOGANY CoLoRED DAKsEL's rARTIALITY
FOR Neutrality-suspicious. cABRAeEs-wIL-
LIAM HARRIS GETS IN HIS FUEL cHEAp-
SHOOTING A MAN JUST FOR Fun.
Sarah Woodward. larceny of a diamond ring
worth $50, property Of William Daily; six months
in jail. James Smith larceny of six csbbsges;
u and costs, fifteen days in jail. William Har-
ris, larceny of two bushels of eoal o. and costs.
Thomas H. Welsh, assault on Patrick Foley; $40
and costs. Norris Carroll, assault and battery on
George johnson with intent to kill. johnson,
colored man, testified that he was in company with
three white men, assisting them in carrying milk
to the orphan asylum some words passed on the
way, and one OF the men discharged a gun at him,
the shot taking effect in his lsft leg, filling it
with shot. He has been at the hospital ever since.
In defense It was attempted to be shown that 1t
was done in playful manner, with the design of
frightening the man. but the court did not recog-
nZe such play and sent the to the grand jury.
Frederick Walker, young white man, was ar
raigned on the charge OF the larceny Of District
bonds valued At SO and SIS in currency. The war
rant did not state who the property belonged to.
and SO was defective, and the case therefore had
to be dismissed. Frank Dowd, assault and bat
terry on George johnson, by swapping o gun at
him, by which it was discharged and complainant
badly injured in the left leg; three months in
jail. Robert Coleman, carrying a revolver; $50 or
sixty days in Workhouse, Fenton Jackson and
Lewis johnson, loud and disorderly; s. each.
John T Clark was charged with keeping gam
bling device; dismissed.
Court Calendar for To-day.
SUPREME CouRT IN GENERAL TERN, before
Chief Justice Caytter and Judges Olin, Wylie,
Humphreys and MacArthur.-Nos. Is, Holden VS..
Iinyflle. ROucher HayeocE. Riley