Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1879-01-23
TIE .aREE.YG T2.1' C3GE.
IReported for the alexandria Gtz2Lie. |

ClrculC COUEl. u uuSo A'' '''
this morning. The c0uhSe! present W'f" ihe
same as yesterday.
Mr., S, +. Beach, f5E ste pai,tif:, s4lj IT'S!
By The consent CT the d,f,rdaa's in2y %ou:u
withdraw the claim Ter m%-A riffs aTc
damages.
Gen, W. II. L. Leo waj sec.iiad b. tue d.
Tense and cross tXainieed. lie hst ies!dci :!
Arlington with his iaihe: and iaothcr oGiias
the greater part Of his eaily Tile. lis p-r:1ia
!ef. there 10 the carly part OF 1851. MT. Nc
Queen, tho cve1scer, was isft in charge aId &c
(the witness) understood that he remained there
until 1868, 90 bis fathers agent, a:ittu8l lie
was rot in ceu!rc! ct the properly but tor aAc:t
time.
Judge WilItughby offered ia evseuo:. :
certified copy OF the certificate OF sale, sou calico
witness 10 verify the came.
John HgWEkurst testified that lie and tHo
others were commissioners OF direct tags uuE'
ing the war AID 10 Identified Inc cerlh3ate
presented. He weut cut OF cEicc 10 May, 1850.
Mr. Beach proposed 10 oIosS eXim'ne Lee
witness.
Judge Wilioughhy suggested tbs. ,he PEGS
EFT order OF prcosed!os be adhered to and tee
cros; examination be had later, 10 whlca Nh
Bcich asscntcd, it bciag understood that the
cross examination should tItoad 10 Nil qucstiGHs
embraced 10 ihc Issue.
Judge Wili9uaLby then !esd the tx sale
certificate.
John uauxhurst c;nss txiIniCet li2hoE
nized bis signature aGd thought inc psp2. read
was executed September 20, 1866, ai stated
therein. lie thought that be weut out Ct ttf&a
10 May, but c3ud pot say what tho year was
whethor 1862 1866 or 1867. Fem the paper
be supposed il must have b:en ia 1867, Eu: q
bis Independent memory could not say. lie
was satisfied that he was commissioner at Tic
time he signed lie paper 10 cOall not from
memory say that &C was c9mmigSlontE GO DEF
TENDER 20, 1876.
Msjor Pngc aaii he fcit il lis duty 10 otjoct
| to the paper uu.il proof was Introduced: that
Mr.. Hawzhurst was commissioner.
The Court eaii thst the wiipess lad :. fAat
| 10 refresh his mcuory fr1G3 tie paper aEd nc
hsd dnue so. Tho paper would be admitted.
L. Kaufman, Superintendent OF toe Airing.
too Cemetery, testified Was ia charge CT
Arlington Military Cemetery SID was au:;3G;
! under Tie crde,s CT the .. 5. QGar,ctIna;c..
II was acting solely ID that capacity ard claimed
co right 10 line property, except unGcr th:5 ~.
lholi,y. lIc Vas apDo:lttd by the Secretary o!
War.
Mr.. Beach objected 10 s!ia testimony sG1
Being offered IS Irrelevant &c Tic !ssa:. The
Only issue was ou the risa Q: "aol eui.!y." Iue
| testimony olly bofo "a ii,e disclaimer y! iG:tod
yesterday.
judge WiIiough5y sac the ,;:s:l:mer was
rejected IS ulUects;arg, tut that sag m:!:ii
could be proven uGdc: tie plea ct 20. Guilty,
| without it. Their GG!crc. R:s that cacy wtse
there under the authority ef The UGitcd Sla!e.
and they were merely asking questions 90 poFc
| thu. fact. They did not propose 10 raarcu:: the
questions already dtcded. They die propose,
however, TO present tbcs0 qrc:tjcD' aad Is
them 60 OF rtc5ld.
Maj. Page 1ithdraw Ike plajEtihJ CT jeo!i2us.
The Coutt SAID tha;, rs before sa:cj, thlS
was statutory ac'ion AID Eho the peas Ncrc
restricted, tie rule IS 10 evidence was liberal
and this testimony ives admissible.
Capt. r. B. Sircug testified that he was ia
command Of Inc Signal Corps at F1Ft Whipoie,
and had charge oil all RI that porticu Of A,l!pg-
ton estate, outside cftho cemetery. 4 portion
Cf tic property wGs occupied b. his lroops
| varying lie Dumbcr, 1t timts iram eighty to
ono hundred and fi!y men, aad another periicD
| By colorcd peope. who had pcrDits from hin,
| Que Of which hc read. The permits we're Ell! on
printed fcrnls, bus varied 10 Gates aG1 names 81
| parties. Nj o. the DasIosa occn3!ct under
these perE!;1
Cross sxsmiccj TIC wii;tea permit was
da:ed after he occupation ceased, bu. Il verbal
permit had bt CD given bsi0lc. E'bo paper was
given as s.litlc!ioa TO The nap. lie did not
rceo!ls ct Whether tho written parLaits we're given
after the commencement of Tic suit. There
! tad been coDtracs before the permits we're
granted rcqni,irs ia. occupants 20 work SO G1GDy
md tn-
contracts were 10 toic, up to the Gao CT The
permits. The pariiis sill rendered persona!
service 10 ID" GGv?rncGt, tut 10 noGey, Wa:
paid.
Rcex.miacd. Pcruits wire given cach C r,
| but lsrlics often bella over. The understanding
az to labor was & verbal ono snd was made by
hin with tho approval Ct his supariors. iic
| thought the papers prtstat:d walc removals ci
! former permits. They were elecl after tic
labor bad bec1 performed usdcr q verbal COO.
tract, the parties being il possession meanwhile.
Recalled by Judge HiiIoughby. 4 largo
| number Of the defendants named IL the suit
| we're cot 10 possession ct tic TINE tic srit was
| Instituted.
Cross examined. Was not cer!.in as to ezaa!
! date Of commencement CT suit, bu. kreT9 that
many de!e1depts were rot ia possession. by
| possession he mean! 10 ssy that these parties
we're not there By any authority.
Mr.. Page said nobody had any authority to
be there.
Tie Court said that ice statute vas wcrded
"actual oceupat C, sad tic witness mu:tausaer
accordingly.
Judge WilIoughby said lGaa might BE- 10 o
house without occupyingit.
The Court said the man must occupy ssua!l
portion Of it. Laughter.