National Republican., 1883-11-15
THE COURTS.
The Jury in the BigelOw Case Find a Verdict
Of Guilty.
Other Business Transacted by the Various
Legal Tribunals Yesterday.
BreELow FOUND GUILTY.


The trial of b. f. Bigelow, for embezsling
$3.50 from the National Bank Of the Repub-
lie, on May 10, 1882, while he was receiving
teller, was finished yesterday, and the jury
found the defendant guilty.
When the court opened in the morning,
Col. Cook argued certain law points TO the
judge; District Attorney Corkhill closed the
case for tho government by a thirty minutes
address to the jury and then Judge Wylie de-
livered his charge. He gave history Of the
alleged crimo and referred to tho evidence
briefly. He spoke Of the remarkable explans-
tion given by the defendant on his examina-
tion, And said if the jury believed him they
should acquit him. If the jury could reconcile
the facts in evidence with Bige.
lows statement, and with any theory
of innocence, they should acquit. The
Judge said he was struck with admiration at
the way in which Bigelow gave his evidence.
1t showed either wonderful confidence in
his innocence and position, and that God
would vindicate him, or IL showed something
far different OF tho defendants good char
acter the judge said that IL only counted
when there was doubt of his guilt Bigelow's
flight from the city he characterized rather
as consistent with guilt than inconsistent
with innocence.
The jury went out Just before o'clock,
and nothing was heard from them until 3
o'clock. Tho court room was crowded with
people, sitting and standing, and no one ap-
peared to 90 out. The Judge read his news
paper, and the people talked to each other
and waited Bigelow looked anxious and
nervous. His father and father in law sat
by him, but they did not talk. Bigelow
scribbled looked at the clock. started when
ever q door opened, and seemed to be con-
trolling himself with difficulty. His mother
aaNa hn1 spI III
stantly looking at him aud away again. The
resemblance between mother and son was
quite noticeable.
At o'clock the jury came in and were
asked If they had agreed upon a verdict. Said
the foreman 1--WE have not agreed. | want to
say, and say it reluctantly, that there is one
man ON this jury who cannot bring his
mind" Here Col. Crook uttered an un
inteligible sound, and the judge informed
the foreman that he must not go into details.
"Well, we cannot agree" said the foreman.
at is an utter mpossibilty for us to agree"
But intend that this jury shall agree"
said Judge Wylie, in loud and stern voice.
II will see that you have places to sleep to-
night, but want you to agree. don't think
this case can be tried better another time"
The foreman asked for few minutes to
consult with the obdurate man, and the jury
all retired together The indiscreet speech OF
the foreman showed that the jury stood IL to
~
nodded toward him it was evident that the
juror who held out was man named Ban
nigan, q heavy lrlShman, with gray hair aud
moustache. The jury remained out another
hour and returned with a verdict of guilty.
Bgolow looked moro at ease than at any time
ior the previous hour. His mother came up
10 him, talked with him for o few minutes,
and kissed him. 1t was remarked in the
court room that both of them showed re-
markable nerve. Bigelow talked with Col.
Cook, shook hands with his father, and was
escorted out by the marshal.
GENERAL NOTES.
The will of Patrick Hanaphy, who died
Nov. Z, was yesterday proved. He left 81, zoo
in money, out of which he left various small
sums for the burial OF himself and sister, for
masses, &c., and the remainder he bequea he'd
80 his niece, Mary We, ,ch, of County Galway
ireland. James Bggins was appointed ex-
ecutor, and applied tor letters testanenta tary
In tho bill filed few days ago by w. T..
Whelan alainst L. w. Lowe, p. A. Darneille,
aud L. Reeve for the cancellation and sur
render OF certain notes, the complainant
asserts that he is the victim of a conspiracy
He says that Lowe and Darneiile induced
him by false representations to buy All
interest in loves real estate business for
$500. He gave Lowe $500 cash and two notes
for $3.50 each. Lowe told him that the business
was paying 5000 month. Whelan soon dis
manded the return of his notes and money,
Lowe admitted the deception, but said he had
used the money and disposed of the notes
Whelan found that the notes were in the
possession of Darnielle, who offered to give
them up for $50 each. Reeve had also called
at Whelans house to sell the notes. Whelan
claims that the men are parties to the fraud.
loves office was at 6l5 Seventh street south
west. Whelan was q grocer and liquor dealer
Yesterday the circuit court, Justice Mac
Arthur, WAS occupied with the trial of the
suit Of August Herring against tho District
ofCoumbia for 5000 damages. The plaintiff
owned lots 10, 46, and AZ, square 646 and oil
lot A5 had built his family residence. A
natural stream of water ran across the lot
The district having raised the grade OF q
street, on which the lots faced, threw the rain
fail on the plaintiffs ground. The distric
also built sewer along the street, the leve
of which was above the grade of the lots
stream. preventing an outlet for all rail
water falling, which, becoming stagnant, wa
injurious TO health. The distr ct set up tn
defense that all the injury to the property il
question was done 10y the plaintiff himself
and besides that the grade of the street ha,
to be established.
The RECORD.
Court In Genera ierm-ChiJ Justice Cartier an
Justices or aud dJImtS.-Heurletla o. Marshall VI
Matte NJ. Min ct al art began,
beAz., menI l. ia, Concluded and verdict guilty.
Equity Chpt-Jadge Hagner.-ln re lunacy Al
thur Cooper Pickrell ret. 10 aud. ord. ii. ltun v
Deyiin; Frank W. HHckett admtd. as party def
Hoffman VS.. Calan; sale fully. raid. Rouinso
vs.. KurtZ; upprce. OF abst. defts ord.
Circuit COurt--Jud0e observation-disclosures He
ring vs.. Dist. ColumbiI jury out
NEW SUITS.
No S,7s5. Emmett G. Adams VS.. Ephrlam
StOddart et ~: bill 10 set ASIDE assignment B.
Hanley aud Charles A. Elliott, solicitors.
No. S,7B6, Max LansOurg VS., Robert Il. Henau
CT a.: bill tor discovery, accounting, and tO 81
aside deeds. Leun Tobriner solicitor.
No. 2iST9 U. 8. for use Of Henry s. Davis VI
Nathan 9. Draper Ell a.; suit on bond $4,000; Ric
die Davis & Padgett, attorneys.
No. H,sSU. lirnry $. Davis VS., Nathan c. DraDI
ct n bond 81 ,0OO; Riddle, Davis d Padgett, alto
neys.
No. assl. Sayles j. Bowen, use OF ]. sayl
Bowen, vs.. susan A. Shelby, certiorari; Carusi
Miller defendants attorneys.
No. 2I,eS2, John A. Baker vs. John W. Ora
ccrtiOrafi, A, III. jackson attorney.
No, "a SS8. John Devlin, trading as John Devil
d Co, vs.. Mrs ii. Rosenbuum and George Rose
baum, trading as H. Rosenbaum K Son. accoun
S7g63 Ross aud Dean attorneys
No. A,s4. United States vs. James ii. Nelson
al bond, $40, 900 George b. Corkhill. district
No "a ,ss5 william Dixon ct at, trading as WI
ian Il. Dixon 4 Bro, v. Robert II. Hunter; u
count, sll2.7o J. Williamson attorney.
No. 24SSd lie hen Is. Clark VS.. Thomas Bunl
note anu rccoul SS042l; Hlne and Thomas ATTIC
neys
No. 2iSS7 suppr ssed
COURT CALL.
IaaaNs