Port Tobacco times, and Charles County advertiser. (Port Tobacco, Md.) 1845-1898, 1882-05-26

Court Proceedings.
Friday.-Upon the assembling of Court on
Friday morning, Judge Stone announced the
unanimous decision of the court in the initial
letter case of NJ. L. l.. Luckett VS.. Charles A
Boswell. The court stated that, though it had
previously entertained a contrary opinion, it
had become convinced, from the arguments
presented and authorities cited at the present
term on behalf of plaintiff, that judgment
entered up in the initial letters of parties
Christian name prefxed to his surname is valid
and may be enforced, and unanimously so de-
cIded. The court held, however, that as this
question arises upon scire .facias, and, as Mr..
Evans in his work on Maryland practice classes
scire facias as new original action that the
objection may be taken to such defect in this
proceeding, and as an amendment under the
act of Assembly would let in the plea of null tiel
record, the writ must be quashed.
The decision of our court is con-
elusive upon the point and will herafter be the
law by which justices are to be guided in their
practice. 1t is practically this. That if an OBJ
lection to the initial letters of parties name
in the proceedings are not taken advantage of
before Judgment, it cannot be done afterwards,
and the judgment is valid, and execution may
issue upon it. But the judgment cannot be
revived by scire facas. If it be necessary TO
revive it at all, it must be done by the action
of debt.
The case of Mrs. Ellen Nalley vs..
Elymet Bows, an action for Islander, was then
called and jury impanelled. Judge Stone,
bong related to the plaintiff. retired from the
bench, leaving Judges Ford and Brooke to
conduct the case. This has been one of the
most extended cases that have appeared upon
our civil dockets for a long time having occu-
pied the attention of the court continually
since Friday last. Quite formidable array of
COUNSEL were engaged in the case, the plaintiff
being represented by R. H. Edelen, Vivian
Brent and a. II. Robertson, Esqs; aud the
detendeut by Ex-Judge Magruder and John W.
Mitchell, Esq The evidence in the case has
been quite extended and somewhat tedious
The facts of the case appear 10 have been as far
as we could gather them from occasional
attendance at the trial. that Mrs. Naley and
Mr.. Bows are near neighbors. That their tur-
keys were accustomed to intermix and exchange
visits. That on one occasion, when some of
Mrs. Nalley's turkeys were over at Mr.. Dows,
she sent servant over in the afternoon to
bring them home and, in doing so he brought
one which Mr. Bows claimed to lie his, but
J J
Mr.. Bows made demand upon Mrs. Nalley TO
restore the turkey, which she refused TO do;
whereupon Mr.. Bows brought suit before
Justice Huntington for the value of the turkey,
but at the trial Was non-suited. 1t was shown
in evidence that Mr.. Bows had on several &C.
casions publicly alluded to this difficulty with
Mrs Nalley and after detailing the Circumstance
under which the turkey As taken and charg
ing that if the justice had lot dsregarded his
instructions and brought debt instead of tress-
pass that he would have recovered in bis suit,
he would conclude by saying that he consider
ed that Mrs. Nalley had stolen his turkey
These were the sanderous u,ierances upon
which the suit was brought and the damages
were laid in the declaration at $4,000. The
defense sought TO show that at each time that
the defendent had made the offensive remarks,
he had accompanied them with the statement
of facts from which his conclusion deduc-
ed, which they contend amounted to such an
explanation of the slanderous words as to take
away their actionahls quality. The evidence
was concluded ON Tuesday, and the court was
engaged all day on Wednesday in hearing ar
guments on the prayers, which on the part of
the defence, were numerous and elaborate
The Court granted all the plain tiff 5 prayers
except one and refused all the defendants
prayers.
The case wa. argued to the jury yesterday
by Messrs Robertson, Edelen and Brent, for
plaintiff, and Judge Magruder, for defendant.
All the gentlemen presented their case with
force and ability, but the argument Of Judge
Magru6er, which lasted for two hours was one
of the abest efforts before jury TO which we
ever listened The Judge in the trial of this
cause has had an opportunity to display his
wonderful mental resources and great legal
learning in manner that was surprising 20
those who had never seen him par,ake in n
forensic con est. ne case was given 10 tnt
jury shortly after three o'clock.
Up TO the time of going to pre- IS the jury
were still in consultation e P. NJ.
Judge Stone he d court in the Registers Of
fee on Saturday. The first case State Lewis
Young, indicted for shooting into the railroad
train. Found guilty and sentenced to House
of Correction for three years. Posey for de-
tense. ID
State VS. George Hawkins, indicted for steal
ing piece of cloth from the store of j. NJ.
Carpenter. Not guilty and prisoner discharged.
Stale VS. Henry Butler, colored boy IA
years Of aee, indicted for assault and robbery
upon Henry Canter, white aged l6 years. A
demurrer 10 Indictment was sustained and the
boy dis harged. A bench warrent was issued
for his rear. est, and new Indictment found on
which he was found guilty and sentenced TO
the House of Reformation for years.
Report of the Grand Jury.
Ga Saturday last the Grand Jury made the
following report, after hich they were finally
discharged