Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1878-01-11


need not, upoa the authority of Mesmer's case,
be Incorporated into the record, and ln It's 40
seuce PRESUMPTION would arise that the num
Der stated in the record was the grand jury
fixed by the Court yet in this case no preSunap
tom could be called 10 either for or against the
| record; there was no necessity tor such 10 ibis
cause. The avermeDts were positive and em
phatc, the Court had fixed the jury at seven
aud six only had been sworn. The Common
wealth's Attorney had argued that the last or
der entered, 10 which six names only appeared,
was the act of the Court. Unless judicial va
cilatioD, such as was never attributable to the
Judge of this Court, be presumed, the order
limiting the jury 10 seven was the only order OF
the Court in it's last and 6oa order. The other
action Was without it's authority. Mesmers
case was decided upon presumption in favor
OF the record; here the presumption claimed by
the Commonwealth would impeach its positive
avrrmen,s
Judge L,we-"How would it be if there
wete only six Of a grand Jury Of seven present,
Wheu an Indictment was found p
Mr. Subtitle case stated 10 the question
supposes body which was legally constituted
10 its inception. 10 such case, undoubtedly
quorum night transact business, and find
valid iudictm .nts. But in this case the obleo.
ton goes. not to the sct Of legally constituted
body, but to the actual existence OF grand
Jury at all. If there was 90 authority for its
existence its acts were necessarily void.
was not iotcrposed for the sake of delay. but
solely and simply that the people Of this town
might sea the spirit 10 which this defendant
had been dragged hundreds, nay thousands Of
miles, upon paper upon which the veriest
outcast 10 all the land could not be legally ar
rested or detained or confined.
Judge Lowe then rendered his decision 90
the motion. flo said that the law governing
the selection and empannong Of Grand jules
was made for the protection alike OF the Com
monwealth and the accused. The court having
fixed seven as tho plumber, at the term 10 ques-
ton, so long az that order was 10 force, seven
were required. The record showed that seven
were directed to be sworn and that only six
were sworn The same order showed both facts
and portion could not be ignored without the
whole was ignored. Whose the mistake was
he did not ere to say, but it was evident that
the Grand Jury so recorded was not the legal
Grand jury Of that c)urt. lie sustained the
motion and ordered the indictment to be
quashed
Commonwealth Attorney johnson moved
the court TO summon special Grand Jury, but
subsequently withdrew the motion at the sug.
eesiop Of the Judge, and tn, accused Was car
ried hy the Sergeant before Justice Slaymaker
add committed for further examination under
hsuch warrant Tor tho same ofense.
1t is expected that at least one of tho indict-
ments rJr grand larceny lately found against
Shine will be tried at this term of the court.
CoURTING UNDER DIFFICULTIES The Ma.
tiopai Republican of this morning says Stew
lovers were ever more severely. tried than MIR.
NJ. G. Cosiu, Of this city, who was united 10
wedlack with Miss Cecilia B. Rowe, OF Alex
anGria, at tn residence Of the brides mother,
10 that CITY, last Wednesday. Rev. Dr. Dame
oAicia,ed. Charles L. GrymeS, of Washington,
acted as best mao. and Miss Amanda Becky
was the bridesmaid. The parties concerned are
colored. The bride was the reigoiog oolored
belle Of Alexandria, The young colored men
of that city exhibited considerable local pride,
and objected to having a Washingtonian pay
attention to their BELLE with a fair chance Of
cuttiug them all out. Notwithstanding their
dispcasurc, MIR. C9siin persisted 10 his court.
ing, aud The result was that he was set upon IN
the streets Of Alexandria ADD cowhided byso
Of his jealous rivals just after leaving the house
OF his love one day last summer. A tull &C.
count OF the attack was published 10 the pa
pers at the time. Mr.. Costin has since COO
tinued his addresses. though with moro oau,iou,
and the marriage Which took place last Wed.
nesday has bcen the cause OF considerable re-
joiciag among his friends.
THE THAW.-The weather continues mild
and pleasant and the ice and snow have almost
entirely disappeared from the streets. "a the
river there is not enough Ice to impede naVlga-
ton, the re- baing only broken fields through
hich vessels readily make their way The
ice which had formed on Hunting Creek and
the ruus ari lcent to the city moved out this
uoruiog and is rapidly disappearing. The
steamer Ann Eliz. OF the Philadelphia line
came down from Georgetown this morning and
experienced no difficulty in making her way.
The Lady OF the Lake came up from Norfolk,
on her usual time. The ferry steamer City OF
WASHINGTON took tho place OF tho Alexandra
on the Washington line and carried up quaint
ty of freight, hut very few passengers. The
ioc 10 Cameron Run banked up last night and
made the water there very high. Should the
prescott weather continue, every Veslge OF Ice
will have disappeared by to morrow.
TIE CURTIS CAsE.-The Washington cor.
respondent of the Baltimore Sun says:
"rhc one armed man, +. II. Curtis, who
o. leans, charged with outrage upon Miss Tyd'
logs, of Baltimore, at the National Hotel, vas
brought into the Criminal Court to-day and
placed 10 the dock He had been indicted by
the grand Jury of this District short time of
ter the otfense, and it was expected that biz
arraisumeat would take place to day, but whet
the srraisument was about TO commerce hi
COUNSEL, Co.. W. n. Cook, desired that further
time be given 10 the case. Tie said he desrcc
to .xamiue the indictment, aud thought that i
was probable he would enter plea 10 abate
MEET. lie would be ready 90 Monday next
The accused was then taken back to all.
us. CIRCUIT CoURT-JulgeR. ". Hughe
presiding The court has been engaged duriol
the entire day 10 trying the case of the Uoitet
States against a. G. Branham. The accused
is charged With having. while postmaster
Monaskou, Lancaster County, Va, stolen Ger
taiu valuable letters from the mail and appro
rrated the same 10 bis Own use. The cas-
was still 10 progress when this report closed