Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1878-06-14

motion foN rehearug for want of jurisdic-
ton in tho Court. They commended that the
discretion of granting or rejecting applica-
tons for liquor licenses was vested in the
Judges as individuals and not as Court
by this statute, and was analogous W the law
authorizing the Judges 10 appoint the School
Commissioners and that the Judge having act
ed be was fuactus o6fcio. They also argued
that the Court could not reinstate Brown to
his original rights as he had paid his money
under me order to the State and could not re-
cover the same without special legislation. -
The C4ur Judges Bowie and Bouic) granted
moiop TO dismiss the motion for reheariag,
aud Sustained the position taken by Browns
council, stating the Court of Appeals had al
ready substantially decided the question in
analogous cases and that the three Judges of
this circuit were unanimous in their opinion
that they had no further jurisdiction 10 the
matter and the order could not be reversed.
Judge Bouic (the Judge who gave the
deI) further added that if he had not been
satisfied that Brown was entitled to the license
under the requirements of the statute he GER
iainly would not have passed the order direct
ing the Clerk to issue it, lie thought he was
right then and thinks still he was right, and
no matter what might be bis individual and
political views in reference 10 selling liquor or
anything else, that when be acted as Judge it
was his duty to cousrue the law as it is and
not as it ought to be. This he had done to the
best of his judgment and was perfectly willing
to assume all responsibility that might arise
therefrom that the fact the applicant was a
negro did not and could not alter the case, be-
cause under the laws negro who, in good
faith keeps a store, hotel or restaurant has the
same legal rights as any one else. Such is
the law apd be will so adjudge until the law
is changed.
Attempted Burgiary.-On last Friday
morning at about o'clock, the house of Mr..
Samuel Darby at Germantown was broken in
to, but fortunately the burglar was caught be-
fore he had escaped with his plumber, and is
now safely lodged in Jail. He gives the name
of George Jones. He attempted entrance at
two windows on the first floor. but falling he
climbed 10 a window in the second story by
means Of pillar Of the portico where he en-
tered. Going down stairs he went into Mr..
Darby's room and took from chair a pair of
pants and vest, which contained a pocket
book and gold watch. lie emptied the con-
tents of the clothing up stairs, after which be
went into the room occupied by Mr.. DIS two
sons. II was here that it was first found out
that there was one too many in the house.
Doubtless growing afraid Of detection he grab
bed Mr.. WIN. Darby whose struggles awaken
ed his brother, Mr. Chas. Darby. The two
young men secured him, and summoning their
father, together they tied the prisoner and
made him safe until morning when he was
handed over to an officer.
Early in the morning OF the occurrence
large crowd of Mr.. Darbys neighbors hearing
of the affair was attracted to his home and SO
great their indignation that lynching was
only prevented by dispatching the prisoner to
Rockville on the early train.
The name he gives is evidently an assumed
one, as In a conversation with him at the jail
we found him particularly wary on this
score, and TO all our questions he replied with
great shrewdness, and ohly at one time did he
show any discrepancy. Mr.. Yardey T. Brown,
Editor Of the Loudoun Tiephone was present
at our interview endeavoring TO discover
II the prisoner was connected 10 any way
with recent robberies in Loudoun county.
Mr.. Brown could gain no positive information
In respesi TO the robberes In his town. lie
carried with him, however, an accurate de-
scription OF a watch, knife and ladY's port
manicau found in the prisoners possession.
These articles were recognized in Hamilton as
belonging to citizens there whose houses had
been broken into a night or two previous to
the burglary 10 this county. The identified
ton is so complete that there can be no doubt
as 10 Jones being the scoundrel who has been
operating there, and bis operations have been
on such 40 extensive scale that lead Us 10 be-
liege that there are sill men at large who we're
aeoomPlieeS in this extensive tour Of plumber
ing.