Evening star. [volume] (Washington, D.C.) 1854-1972, 1882-04-22

M: MefIlcK SAID the only point was that the let
tiers do not constitute q Christian name.
The court said the initials were no name at all
MI. Merr1ck said they did not know what the
testimony was before the jury and they may have
found this to be his true name and It was fair &c
presume that this was his name. The only cor
rect course he submitted was for the court Il
whether this was the name or not Rer(Iell wa!
an important defendant, and in looking over the
papers he was satisfied that he must be held, and
have to be reindicted.
Mr.. Merr1ck further called attention to Rerdel
having taken action In the case and admitted that
The court asked II Rerden was acquitted in this
case and he was afterwards indicted as Montford
and acquitted. The record would not show it.
Mr.. Merrick said that he was insisting that this
objection should be made by plea in Indictment
person to have Christian name, and II q man
chose to use initials when indicted the whole name
Mr.. MerrcK said that in this countrv chnrcb snf
state were separate. and even the courts did no.
recognize the Christian name in a religious sense
the name OF a heather god would not be called :
Christian name.
The Court-A man in my neighborhood, to shoy
hts contempt for Christianity, called one OF hs
sons BelZabub.
Mr.: 1ngersolL-whtle that is not a Christia
name, may be the name OF Christian.
. Mr. Merrick.-We will not get into theological
discussion with the colonel
DecisiOnkOf Judge wylie.
The court said 1t felt great reluctance in gus
doning the Indictment, but he had always hid
the opinion that an indictment setting out oily
Initials without explaining that those initials wfe
commonly used was defective. He thought all ne
authorities lay down the rule, and some even gsso
lar as to say that man can be indicted byais
Christian name without his second name, bull he
cannot be indicted by his second name without
his CHRISTIAN. A man can undoubtedly atopt
vowels and even consonants In his name, andf 1T
Is set out In the indictment that that is the nne
by which he usually passes, the Indictment tnot
demurrable. II the grand jury say mans Iarne
IS not known and describe him suf1icientf to
identity him, that is SUFFICIENT explanation. Il an
Indictment describes man merely by his initials,
1t ought to set out why the Christian namswas
casions under which motions to auash or pless OF
abatement were proper in reference to names The
pleader, IN drawing up the long indictment had
law to explainwhythe Christian nameWas nOtdven
II that explanation had been made on the fase of
the Indictment the motion to quash would have
used Christian name, however erroneous the
name, the objection would not have appeand on
e eoe lace Of the and motion to ash
sustained by AFFIDAVIT could. The truth was that
INT sasn were f no name at az The court
views he expressed except 1t be section lo2 in
Whartons Criminal Practice, eighth edition,
which was In effect that where names were ordi-
narl!y written with abbreviation it would be sufi-
clent for the purposes OF indictment. This was
undoubtedly so, but the Indictment must show
tnat such Is written ordinarily in such abbrevi-
Behind these reasons, the court said, there was
announcer reason dwelt upon by the authorities and
mer trial, ought to be able to show by the record
I Ih,, ne had previously been tried. II Rerdell
should be tried and acquitted on this Indictment
coula ne prove by the record that he had been
previously tried for the same alleged of1ens? The
court was OF opinion that it was not safe todepart
of hQ nod fhnr
ny to do So In his views OF the law, therefore,
one 20 to duash this as Rerde
When Judge Wylie finished delivering bis opln-
ION, at 1915 O'Clock, most Of the counsel and de-
together with MI. RerdelL
The Straw.Bond Cases.
MI. Pelham then called attention to the so-called
stra w-bond cases. referring to the fact that Kate
N. Armstrong was indicted In two cases IS K. M.
Armstrong.
MI. Merrfck said they would look into the papers,
and II the facts existed as represented O, course
the indictment should have to be quashed
The Case OF MI. Boone.
MI. walter II. Smith, as counsel for MI. A. E.
Boone, then proceeded to argue upon Iiotions to
quash the indictments charging conspiracy and
subornation OF perjury against Mr.. Booze
After some discussion, as there were questions
raised which the prosecution wished to argue, the
case went over, with the understanding that the
oe h should notify counsel for the rosecu ton
me court said he could not hear the notions be-.
The court then adjourned till Monday morn.
Ing.
The German National Bank Cases.
THE CASES IN THE CRIMINAL COURT AGAINST HITz.
PRENTIss, AND OTHERS
This morning In the criminal court, Judge Wylie,
the district attorney stated that IN the cases
n and
dicted for embezzlement in violating the statutee
in reference to national banks, Mr.. R r. Perry
VINO had given, as assistant diStriE attorney,
much attention to the cases had been designated
MI Perry stated that he simply desired to give
notice that next Saturday he would ask that the
The court asked II these were cass of INSIDE
M: Cook said that there were half hundred of
was difficult to determine whether they were
misdemeanora They cover various stages Of
The Court-They are probably statutory INSIDE
Mr.. Cook-The court differs from some of Bis
fellow judges. for they hold almost every crime to
MT. Webb suggested that Gen. Butter appeared
WIZ MN Ior Mr.. Hitz, and he would oe mere next
Mr.: Perry remarked that he did rot propose to
ask for a trial before the fail
Mr.. Cook said that what the defeDdants win do
is difncult now to determine. TheJ would have
consultation when Gen. Butler, Gen Davidge and
other generals arrive,
The Court-When you have two generals here
you need not ask postponement fof the appear
ance Of the third.
Mr.. Cook.-We will confer with IT. Perry and
agree when to appear. There win Be no occasion
for disagreement
It was then arranged that the parties would
come In on Friday next
TIM CANAL AND TIE CUMBHRLANp STRIkk-The
board OF directors OF the chesapeake ana Ohio car
nal company held their regular mo0thly meeting
ast nlgnt. at WIZARDS hotel. The gcasurers rc,
regions has materially lessened the receipts OF the
company Very little freight Is beg uansported