National Republican., 1877-10-23

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SUPREME COURT OF TIE UNITED STATES.
On motion Of Mr. Solicitor ucucral Phillips, Ed. |
ward l.. owen, esq OF New York city, was ndmit- !
ted to practice as All attorney and counselor of
this court.
On motion of Mr.. H. Brnadhcad, John c. Gage,
csl Of Kansas city, Mo-, WIS admitted to practice
as an attorney and counselor Of this court.
On motion Of Mr.. w. A. Maury, A. NJ Kelley, |
esq Of Richmond, Va, was admitted 10 practice
as all attorney aud counselor of this court.
On motion Of Mr.: W. ". Cralo Charlcs J. NoycS,
esq and Patrick y. Collins Csq., Of Boston, Mass,
were admitted 10 practice as lttOrnCys and coun.
selors OF this court.
No. - I; O, rntt and =. ". Fox, plaintiffs in
Canada In error tOthc Circuit Court Of the United
states for tho eastern district Of Mhhig"n. Mr..
Justice Hunt delivered the opinion of trr court, |
affirming the Judgment of the snid Circuit Court In
this cause, with costs
No, . The Keystone Bridge Company. appellants,
vs.. The PhTniN Iron Company. Appeal from the |
Circuit Court of the United States for the eastern
district Of PENNSYLVANIA Mr. Justice Bradley dc. |
livcrcd the opinion Of the court affirming the de
cree OF the said Circuit Court IN this cause, with
costs.
No. II. Edwin \. C. Hatch. plaintiff in error. vs.
Court Of the United States for the southern district
of New York. Mr.. Justice Strong delivered the
opinion of the court, Affirming the Judgment OF the
said Circuit Court IN this cause. with costs.
No. g. GidcOn Putnam ct al, appellants vs.. Chas.
T. Bell trustee; &c. Appeal from the Circuit Court
Justice Field delivered the opinion of the court
affirming the decree of the snil Circuit Court In
this cause, with costs. Mr.. Justice Hunt did not
sit at the argument and took no part In this dc.
cison.
No. Il VIM. R. Mcmillan. plaintiff in error, VS.
Robert X. Anderson In error To the supreme Court
Of the state of Louisiana. Mr.. Justice Miller de.
llvCred tie opinion Of the court, affirming the de-
cree OF the said supreme Court In this cause, with
costs.
NJ. u. The New Orleans Canal and Banking
Company ct al, appellants, vs. A. D. Montgomery
ct al Appeal from the Circuit Court of the United
states for The southern district Of Mississippi MIR
Justice Swayne delivered the opinion Of the court
reversing the decree OF said Circuit Court, with
Gusts, rcmanding the cause for further proceeding,
In conformity With the Opni)n OF this court
No, II. John Good, plaintiff In error, vs. Liza Mar
tin. In error to the Supreme Court Of the Territory
of Colorado. Mr.. Justice Clifford delivered the
opinion Of tho Court, affirming the Judgment Of the
said supreme Court In this cause, with costs.
No. 7v9. The Grand Trunk Railway Company of
Canada, plaintiff In error. vs. Jcysc W WhitchojISc.
administrator &c. lii error u the Circuit Court of
the United states for the District Of Maine. Mr..
ChicfJustice Waite announced the decision of the
court dsmiSSing the writ of In this cause for
the want of Jurisdiction. Authority OF Western
tnOn Telegraph Company ". Rogers. 80 Z. =. ir6.
No. SIG. The indianapolis al st Louis Railroad
Company, appellant, vs.. James l.. Vance. collector.
Nc.; No. %7 The indianapolis and St Louis Rail
road Company, appellant, vs.. james l.. Vance. col
lcutO" &c. Mr.. thiCf-JusticC Waite announced tho
decision OF the court granting the motions to ad'
No. 6Sa. Henry lIancrstcin ct al plaintiffs IN
error, V. John A. Lynham, eSchcet6r SO. MIR.
chief Justice Waite announced the decision of the
court, denying the motion to advance ..c cause.
Nus. G.D. GiJ and Gil. The Nnnc0nnah Turnpike
Company ct AL p,alutn' IN error ", The ate Of
Tennessee. ex rel A. 5 TalIcy ct al The motion to
dismiss these causes were submitted on printed mr.
guments by MrSsrS. Pike aud johnson in support of
same. and by McSsrs. ShcllaIarScr and wilson In
opposition thereto.
No. IS W. +. Drake. plaintiff in error, VS. The
Exchange and Deposit li'nk "f Nashville. Passed
Oh account of sickness =. counsel.
No. 81 Henry County plaint.tl In errOr,vs. Albert
II. SiCOay. The argument of this cause was con.
tinued by Mr. James Grant. Of counsel for the de
fcndant In error, and concluded by Mr. James q.
HIDllnpnt Tor the plaintiff in
No. 81 Harvey Terry ct al. appellants, VS.. E. c.
no, 6i5. Harycy Terry, plaintiff in error. VS. Thos.
W. Coskery. The argument of these causes was
commenced by Mr.. Harvey Terry, for himsc'c:
Adjourned until to-day at twelve O'Clock.
SUPREME COURT or THE DISTRICT.
Before Justices wylc, ol!n and Mac Arthur
Mary Newbern VS.. Agnes Washington and
Maty L. Mayburn, cta.
The plaintiff filed her declaration in cjectment
| against the defendants and their husbands. May .
1871, to recover possession Of part of lot 1, In
square III In this city, which She claimed in fec
simple rs the widow and only heir of Matthias New
| bern, who died January - lS7i of which she
had been dispossesscd by the defendants Tho
closed That Matthias Newbcrn, the anccStor to
whom the eestac belonged, wasa colOrel man, born
in slavery In tho state of North Carolina; that he
was married To the plaintiff near Hertiord, rcrqu
| mons County y. G.. on or about December, 1850.
They lived together there as man and wife until
| 1853 when Matthias Ncwberm came 10 Washington
| y. G., made some arrangements about going into
business here and in 1854 returned To Norfolk for
| the plaintiff, who came with him IN Washington,
| together with three children of Matthias Ncwbcrn
| BY former slave woman. who had died In North
| Carolina about the year lSlS. The pAntiT
and Matthias Newbern lived as man and wife In the
| city of Washington for nine years after their arri
| val here; were living together H. this District un
the passage Of the act of sa lcgaliz ng slave mar
| riageS, and Mary Ncwbern was tho lawful wife of
Matthias Newborn NJ his death, January &s, 1873.
| On or about the 3d Of April, lSi6, Matthias New.
| bern became seized and possessed of the property
| laEsF flsaI nj la
| seized at his death subject nevertheless TO two
deeds of trust, as follows viz: one to George +.
NHylur to secure to Allison NuylOr Sl2i dated Sep
teniber g. 1871, and one 10 John r Hanna. To secure
to George F. Applehy Si7j dated June 10 49, Both
of these trusts with interest nnd costs, were paid by
| the Plaintiff the widow of Matthias Newborn, and
release deeds executed for the same about the
18th Of March. 1876 1t was also proved at the trial
that Matthias Newbern during the last four years OF
his life was in an imhccile or insRns condition.
whercupOn the court ruled To set aside will pur-
ported to have been executed by him On the lOth Of
| October 1873. II was further shown by the tcstl
mony Of witnesses that this property was rented at
| the death of Newbern for about so or 500
per month; that 4 had been in the possession
OF the defendants, Mary May bern and Agnes Wash
ing ton, since Ncwbern's death, and that they had
collected the rents therefor they having elected the
plaintiff from the premises on or about the lst Of
Plaintiffs counsel prayed the court to instruct
the jury that II they found from the evidence that
the mother of the defendants died in slavery In the
state Of North CarOina that they, the defendants,
were illegimate, aud not qunlihCd 10 take by de-
scent ana thnt u they 1ufther iOunu from the evil
dcnCs that Matthias Newbcrn was married to the
plaintiff and that they were living together in the
District of Columbia as man and wife at the pas.
sage Of the act of July - lh'd, cgali2ng slave
riagcs that the plaintiff was entitled to recover.
The court refused to 80 instruct the Jury, but i'll
| structcd them To find for the defendant
| The case was taken up on exceptions. The ludg.
| ment of the court below was affirmed.
| Bond Brother 4 Co. vs., shepherd; Judgment be-
low affirmed aud judgment against surctics for the
| appeal Morgan ". District 0l Columbia Dismiss
! cd on motion Of Gen Blrney. PhmniX Lie luSur-
Company :. A. Grant: Set for Friday TO which day
| the Court aijUuncd
CIRCUIT COURT-CHIEF JUSTICE CARTIER.
| Judgment by default was given in the following
| cases: A. II. PlCkrcll VS.. Waterman Palmer, for
Sl3i5 Jennie A. Miles VS.. Henry Pond for S77i -.
ThuIbcr Co. vs.. e. N Wynnc. for SiS7.1S. IIOsmer
i Co. vs.. ). r. suit for 81 lOl5. Neil Il McCrCary
| vs.. Vim. Beckett, for s31g Charles Meyer VS.. the
| Inland and Senboard Cuastng Company, for sl2j.
Citizens National Bank vs.. q. Is. Clark ct al, for
| 500. John ". AlyOrd VS. John Chcny; judgment
| below affirmed. Hamilton x Pearson vs.. seth A,
| Terry; motion to quash granted Warren :. Young
vs.. Moses Kelly; Judgment confessed, = StOver vs..
| J. T. H. Hall; judgment below affirmed.
| The calendar was then called and the following
cases disposed Of Jones u Roche VS.. Gatrly;
abated. Armstrong vs.. Boswell Williams; death Of
defendant suggested Clark vs. Boswell; death Of
defendant suggested CUblCns II WurniL vs. Raub
death Of defendant suggested. Bundy rs, Boswell;
death Of defendant suggested. Greer " Bliss suit