, 1878-06-28
OUR WASHINGTON LETTER.
WASHINGTON, d. c., June l, ls7,


WASHINGTON, ID. G., June l, 1873
The following is from the "Star' ot
Wednesday evening. and quote it as
having the quality Of the equity enforced
in our District Courts. 1t will be noticed
that the suit to eviut Welch was brought
solely on the ground thar he had not paid
the rent. Yet the Judge peremptorily re-
fuse to entertain evidences showing that
he had paid it according to the terms ol
his lease. am not familiar with the pro-
visions of the " landlord and tenant art;'
but the feeling is quite prevalent here that
Mrs. Sprague and Welch been equal in So
cal position aud family connection, the
decision agIin>t him had not been. is such
utter disregard of the findings OF that my
thical female. who is represented aS blind
folded and holding the scales of Justice
with an even hand without respect to the
character of the weight and counter
weight at each end OF the beam.
Yesterday in the Circuit Court, Judge
Humphreys, the case OF Sprague W. Wclch
was called, and the trial proceeded. Mrs,
Kate Sprasue, daughter Of the late Chief
Justice Chase, sues Welch for the posses
sion of the farm at Edgewood, under the
landlord and tennnt act of the District.
| Tie case comes up on removal from Justice
of the Peace Benter. When the case was
heard before Mr.. Benter, Hon. Roscoe
Conkling appeared tor Mrs. Sprague, but
on the trial, John Seldcn appeared
for the lady and Mr.. Davenport for Welch.
From the papers, the renting of the
ground appeared to be from Warner &
Co.. who are agents for Mrs. Spraguc.
and who notified WelCh to quit, OIL an al
legation that he paid the rent. Welch.
however. contended that under an agree
mcnt with Mrs. Sprague rent was to be
received in produce. and that he had fur
nished Mrs. Spmgue with eggs. milk.
iruit, ETC., in value equal to the rent. Mr..
Selden commended that rs this was not an
action for money, but to recover posses
sion of land, no plea or proof of set-oii'
was admissible On the other hand it
was urged that az the right to recover
was based on the fact that the rent had not
been paid, this sort OF payment should be
considered. Judge Humphreys said that
he must be governed by the law, however
hard it was, and IN this form Of action
| there was no room Tor set-oif.
This morning the jury gave II verdict
for the plaintiff, by direction of the Court,
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