Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1879-01-30

lee, vas cot nNfEc Gu'' - !IousH1 ,i'
even if judge W.li1u2a2;'5 : Is aoous Cap
taio Stroag ali tie tr: g. 60 wcfo c3f
rec. there could be co doubt at0li The Cemetery.
This, &c inagiD25, vas la!euJac 20 cause
rreiudic, 10 tie North ags!cst zoe pIaiotIi!. .
rebel officer, The 500 Of the most di5:IoeGiShsd
rebel officer he did nat tear the tern reCel, aa
tr5iog to take possession ii the graves Of tic
Federal soldiers, which re, tee p!a!rtl!t, d!d nct
propose to DO. He stated The lag upon the
subject of suits Of this sort rs against sexual
occupants as we'll az parsons claiming rights.
Judge WillougLby. 0tjee! TO ta-s statement
of tho law. ~
Judpc Robertson was aware that Judge ".
would o!jecs TO anything not calculated to
throw Gee. Lee cut OF court and lfhc STATED tic
law improperly the Court wou correct him.
As to the occupancy by the Degrees, be rsad
!rcu the declaration a,tcs!cd b. Ja5ec WI.
loughb7, to show that thfy held possession b.
perniss!0n If CAPTAIN Sr0Us. lie rclc!!sd
the insouation tina, the riainAf relied Ga the
preiudices OF the jury to give then verdict any
low, He wanted no s7upGb by nar any F!eJu.
dcas. As 10 prejudice it Was very dlti;u!i 10 CAT:
them cut againt the Government, al ltasi He
found it 50 some time since whcn We ti!cd It.
Laughter.
Evers case arising uadcr these tsg sales had
been decided agaiHt the parties hodlog under
hose titles. acd Why st.Su'd lbc custom oa sc
ve!sad Ghen the Government WIS defcnu@n!.
Ii had not been shove. 81 Judge Wl!0ughty
claimed, that there we're cGly va casts OF toe
refusal Of The commissioners. There had l0t
been single case 10 which anY Ders2r had tV:n
attempted 10 htli properly uuGcr thcSs Lex
titles sCc, the decision in lacey vs.. l.Tin. aud
this was the reason Why people GeatrAi5
thought Lee should rtclptr rs 10 The prac
lice of the commissioners &c cialned tGaE tit
evidence OF Mr.. HaWXhurSt vas CLEAR, ;LG tGHt
the construction was made tot by bin !11i:i'
duall7, but By the board o! commissioners.
The cVideuca CT Mir. lacey further pfo:ca The
practice. If the rule lad cot hgco Coutuf.ed
10 by the other commissioners, they. IS e. -
Of the gCvarnmsot, would soon EaTe Eeca
brought here apd their evidence TO liza.
effect offered. The city Of aic2.rdT!a VS.
full CT relatives mi personal }ris2ds Of
the Lees, ard he'd tie rule BOT beau generally
known, there would htv. been m;Dy CT
them ready aad wiling 10 pay the tazcs.
The couosel Tor the Government, wh,' ed'
| ni!tiog the terder olaiued that it WIS mad
efter the sale, hu, thst he c>ntabd2d VS. Eit
prcveu. As to the date Of the tender, t.a said
| that it mad beea established by The testimony
Of d.. Japney, that It vas male betatc ;he
sale. lie claimed that the cvacuea bo.a ca:
| the plantiff claims and had u doubt Ill: jury
| would fad accordingly.
He hen read the f,r1a 0f vc!lic; with 30
| proposed. 1t vas agaiostksul!naa !3r he cenc"
tery, aud aga1:tS!rorg Tor ;he KS. # .35 ~.a.c
except the porIior scv:rteen 1cic: tccnD':t
! ty Msra S9phtl AID wEi:a IS oa: il ISSUE.
The instructions and o:h:r pap2is w,rc i'.c'i
| given to the jury a11 .kcy retired to ia'i!
room at PAS o'cIccs.
The Jury returned a. %i25 o 3'ocl; AID rendered
| verdict tor the plaintiff for Ia, whole Dr2pe!tg
in fec aad that kaufman YVES IL possession OF the
cemetery and Strong Of The Gc;t Of The property,
! except the portion occupied by MariI Syyh@y.
The Cour. thsnkcd the juTs for tAei7 puG .ua!
attendance snd patient attention Throughout! Il"
| long trial and discharged tEeGi from turtle: IL"
! tendance.
| Jcdge Wiiloughby entered s. :ao.i2a e. 5 acw
| trial on the groundsth9t
l:.. Tho court erred in ovGT.l.;GH tho o!J &C.
| ton made by defendants 20 The i::ratGcl.n o:
| evidence.
"a. That the verdict il con.I5ry % rcy:d"T &C.
3D.. Tat tho court erred il? oxc.ncicg evidence
offered by defendants.
The Court wished tha bills O! exception 20 %
ma6e up IS soon as possible, while tbs r'st.sr
was lre:h in the minds OF the cour. aud cCunScl
and suggested tbs. he would b. in lichnoaG -
two weeks and could then sign them
II WAS agreed after coneultslio1 ttst Inc bills
| should be arranged by Mts:Ts. Bcs2a ani - IL
| !oGghby and sent to Richmond.
The court then adj ourIe1 until April -.
In the matter ct lustrl. ct:oDS II tbs So IL9
Court grated three fer to- plai.:iii ~ dtL7tgcn
cut CT twenty eight asked 70. by :aa cu.eaGG:s.