National Republican., 1882-12-07
LAYING DOWN THE LAW.
Judge wylie Rules Mr. Hits Plea Oai Of
Court
Gen. Durnett's Demand for the Return oi
a Pension Certtdcats.

lhgheIt OF hpsiNht Mas WIS hulltito 70 ftao-
tice.
No ii7 Catherine T.. Iansiale. administra.
trix, appellant. vs. Addison VI. Smith q a.
Argued by n. q. Caughion for appellant aud
job Barnard for appeliccs.
No lis. sarah aud John Bonsfcld. appel
lants, vs.. n. X. Cogswcll assignee. Passed
No 10. The sun Mutual Insurance Com
pany, appellant, ". The Ocean Insurance Com
pauy. Argument commenced by William NJ
Evarts for appellant aud continued by =. \.
TAN for appellee Adjourned.
THE Hfrz cAsE DECiDED.
In the criminal court yesterday Judge
Wylic delivered his opinion IN the cusc u
Mr.. John llitz. In connection with the mis.
appropriation Of funds ot the German Ameri-
can Bank. He said Mr. llitz had hlcd plea
which the government had deinurrud 81. lie
thought the demurrer was well taken. Hy
the stipulation filed u was shown that Mr..
1titz was first appointed consul-gsncral aud
afterwards political agent, which destroyed
the duplex appearance ON the face OF the plea.
Gen. Butler had waived any claim under the
privilege of consul general, aud relied solely
on the defendant being political agent iie
regarded the plea as valid and the demurrer
a general one TO the substance Of the plea.
The Judge then read from Larwenoes Whea-
ton to show that consuls were not foreign
minister's but amenablc 90 the laws of
the land where they sQiOurn. The seven
teenth article Of the treaty between switz.
crland and the United States gave o.
each the right 20 appoint consuls, but switzcr-
land had no right to send n consul general 10
this country, and whoever came must submit
to the laws of the land. He thon read the
clause of the constitution which gave the SUI
preme Court of the United original JurisdiC-
ton in the case of ambassadors, and Ia such
case this court had no jurisdiction. This
question had never been squarcly met by the
I,,t tk. st,Is. agN.
exclusive jurdiction in cases of this kind was
not given to the Supreme Court of the
United States, but was also conferred upon the
circuit and district courts. lie cited several
| cases in support of this position. There was
another question, and that was the benefit
Mr.. Hitz claimed under his credentials as u
political agent. Judge Wylie thought that
| the officers were so closely connected that
when one failed both failed. One peculiar
thing he noticed. The commission did not
contain the seal of the Swiss Republic If It
was the intention of the Confederation to con-
fer upon Mr.. Hitz an office of a diplomatic
character the credential would certainly have
carried the seal. What diplomatic character
had Mr.. HitZ? He was II political agent sent
here to talk politics with the Secretary State.
He had no business to transact, and no au-
thority to transact any. He had unlimited
privilege to talk politics. but no authority 10 do
anything else. He could not go into business
here, violate the laws, and, when indicted,
plead immunity in this manner. 1t would be
u shame and mockery to grant such plea,
and he would sustain the demurrer. Mr..
Barrett said the indictment was now nearly
three years old their client had never been
arrested Mr.. Barrett said he would like to
have him arrested so they could take the
case to higher court. The district attorney
said he would have trial at an early date.
Mr.. Barrett noted an appeal, and the proceed
ings terminated.
THE PENSION CERTIFICATE CASE.
| The mandamus case of Gen. Ward B. Bur-
| nett against the Secretary Of the Interior, to
compel him to return to the applicant PEN
sion certificate, was argued in the court in
general term yesterday. Mr.. j. III. Mande-
vile appeared for the relator and the District
attorney for the respondent. The answer of
the respondent is that Gen. Burnett surren-
dered a certificate of June 6, 1S79 and in lieu
thereof accepted one of June 3, 1852. On
July II, 1882, he received another drawn in
conformity with the opinion of the Attorney
General of June 27, 1882, and under that has
received $6,S12.46 and $l,951.67 under the
special act of March 3, 1879. The case was
then argued, and the following orders passed:
An order vacating the stipulation, an order
granting defendant leave to amend his an
swer to the rule, an order refusing leave to
relator to file replication to answer to rule.
CLAIMS DAMAGES.
In the circuit court yesterday the case of
Hamilton o. Moore, by his next friend, against
the Metropolitan Railroad Company was called
for trial. The plaintiff claims SO, 900 damages
for having both of his legs crushed while get
| ting in car of the defendants company on
April %, 1881. The defense claim that the
boy was stealing ride on the step of the car
and jumped off, when car coming in an op-
posite direction knocked him down. The case
was not concluded. Messrs. +. Il. Browning
and w. F. Mattingly appear for the plaintiff
and N. Wilson for the defendant.
JURIEs COMPLETED.
Justice Wylic proceeded with the organiza-
| tion of the .juries in the criminal court yester-
day. He first took up the grand jury.
George B. Clark was excused as it was shown
he was suffering with paralysis. NJ. L. Har-
rson proved to be woman doing business in
her husbands name. George d. Livingston,
1905 M street, and Robert Weaver, Tennally-
town road, were drawn to fill the va
cancy and recess taken until 12 o'clock.
On the court re-assembling, Mr.. Liv-
ingston was excused as he had served
as juryman at the last term. Joseph
r. Clayton, of No. 1872 Vermont avenue, was
drawn to fill his place and accepted, thus COM
pletng the jury. The judge then briefly
charged them as to their duties and the powers
conferred upon them. Mr. Charles Dodge was
appointed foreman and r. B. Hughes sworn i'm
as bailiff, The jury then retired. The petit
jury was next considered. OF the names
drawn James =. Powers was excused as his
name is James Il. Powers; ID. M. Perkins
also, as his name was drawn as d. n. Perkins
Mr.. John Cassells was excused by the court
so that there might be no question about his
legal residence. To fill the vacancies, John
ii. Nuthall, II. Monroe Elliott, and W. Il
Gill were drawn, Mr.. Nuthalls initials are
j. f., and he was therefore excused w. II. Gill
was not acceptable, as he is in government
employ T. Monroe Elliott was accepted
Two more names were then drawn-Calvin
Nash, 2O22 II street, and w. II. McChesney
National Fair GrOunds-and recess taken
until 2 o'clock. On reassembling Calvin Mash
was excused, as he is in government employ
and the other name was returned non est
and o. c. Green Tennallytown road, were
then drawn, and the court adjourned unit
to-day.
THE RECORD.
Equity Court-JIstice Hagner.-Douglas VS.. Doug
las; testimony before Henry Il. Elliott ordered
taken. Langley VS.. Ferry; cause remanded TO eX
aminer for further testimony. Dlggs VS., Jenifer
sale ratified nisi, ana cause referred to auditor
Van Riswick VS., Shusin; pro conlesso against de-
fendan ii. f. Edwards, aud testimony ordered
taken. In re estate of John 4. Braxton prayer o
petitioner refused. aud petition dismissed. Ry'
VS.. Braxlon; testimony before John Cruikshanl
ordered taken. Fenwick VS.. Stewart; X. p Jack
son allowed TO become iniervenor, and rul'
against W, A. Fenwick granted. McLain VS.. Hol
tom discharge of receiver ordered. Adjourned
Court n Banc-7ae Chief Justice, justices Cor anc
Jdnles.-Beles VS.. CarncU argued and submitted
United States OK rel Burnett VS.. Secretaey OF In
terior; order made. Adjourned until to-day
Assignment unchanged
Circuit C0urt-JuStice dcArthur.-McGil VS.. Cit
liens Building Company verdict for plaintiff 70
Va lar lnI fnr N al nj IN