National Republican., 1883-11-06
BEFORE THE BAR.

element Cnses-Arguments In the XII
bourn CNse-other legal Matters.
The trial of the twelve indictments which
were consolidated against Benjamin i Bige-
low for embezzlement was begun in the Grim
inal court yesterday. District Attorneys
Corkhill and Taggart appeared for the gov
government and W.. A. Cook, A. Smith, and
Mrs. B. A. Lockwood for the defendant.
About fifty witnesses have been summoned
and nearly all of them have been summoned
by both sides. The jury selected were Column
bus j. Estlin, Andrew Archer, Joseph Shorter.
George w. Bannigan, William p Cannon w.
ii. Evans, William II. Scott, Victor j. Beckett,
Henry Bailey, John Golden, John IT, Vogt,
and John w. Cruit
Mr. Taggart opened for tho government,
setting out the indictments and charges and
describing the defendants flight and capture.
He also said that under the fifteen court in
dictments they would show that in some cases
| the bank blotter in charge of the defendant
| showed credits to depositors some days after
| they had been deposited, and the deposit slips
were i'll the handwriting of the defendant.
| If such showing as was promised was made
| they should ask u verdict of conviction.
After recess Judge Wylie said that he
| thought the consolidation n mistake, because
| all the counts were different.
The order of consolidation was rescinded,
| and the government instructed to pick out a
separate case. The case of J. L. Stevens was
begun.
| j. II. Stevens testified that he was de-
| positor in the National Bank of the Republic.
His bank book (produced), under date of May
| 10, showed that the entry of the deposit and
date were in Mr.. Bigelow's handwriting.
Witness deposited his checks on that day.
1.-TWO papers shown.) Those were the checks
that made up the deposit of So, ,1s9 deposited
on May 10, 1882 by the witness with Mr..
Bigelow. The book and checks were ad-
mitted in evidence. The witness testified
that the writing in the book under date Of
| April 49, the date and figures 1885, 200)
were in the handwriting of Mr.. Bigelow.
Witness made out his deposit slips at the
Office befoIe going to the bank, and he made
n balance daily so that he could know always
how he stood with the bank.
deposit ticket shown of May TO- 1922
That slip was not in the witness handwrit-
ing, but that of Mr.. Bgelow. There was no
deposit in witness book under date of May
| 10, 1882, of $1,000. The deposit of that date
was'$2, 1885, On April % witness deposited
5000. Mr.. G. s. Bradley, cashier of the
bank, began to testify when the court ad-
| journed.
| THE KILBoURN CASE.
The arguments in the case of Hallet Kill
|
| Thompson were commenced yesterday. Judge
Cox announced that he would reject all the
| prayers of the defendant, incorporating such
| parts of them as were good in one instruction
| to the jury. He then read this instruction,
defining the distinction between vindictive
and compensatory damages. If the jury
found, he said, that the defendant, as sergeant
alarms, was acting in obedience to an order
of the house. and in the honest belief that he
was discharging his duty rs au order of the
house, and without malice, tho plaintiff was
not entitled to vindictive damages. In esti-
mating the compensatory damages the jury
| could allow for the personal inconvenience,
bodily and mental suffering inflicted upon
the plaintiff, and for expenses incurred in
| being restored to health. If they found that
| the plaintiffs time had q pecuniary value to
| him. they could allow for the time of which
he had been deprived, but they should not
| award damages for speculative or njectural
gains that he might have made if not con-
fined. 1t was agreed by the counsel that the
case would bo closed by recess to-day. Mr..
Totten, for the plaintiff, then opened the case,
beginning by discourse on the rights of
citizens and the priceless jewel Of liberty.
Mr.. Wilson followed, and the court soon after
adjourned. '7"01 tI
| GENERAL NOTES. .e
The will of the late Margaret Franklin
was filed yesterday. To her brother, James
T. Franklin, she leaves certain property in
Pittsburg, and houses No. 492 and 45l street
| southwest.
The examination of the witnesses in the
| habeas corpus case proceedings of Mr.. Hugh
Stockman to recover possession of his child
from her grandmother ut Port Huron, Mich,
was resumed before Judge Bundy. The
testimony yesterday was as to the character
of StoCkman and his treatment of the child.
| Tho examination will continue for some
| days.
n Eatn toI
an examiner in chancery, upon report of the
examination committee, by the court in
banc.
THE RECORD.
Court in General Iern-Chicf Justice Cartier and
Justices James and HagRer--Langdon vs. Evans;
| judgt. OF spcl. term atlimd. Ruub vs. Masonic
Mutual Relief assn; case to be reargued. Keyser
receiver vs.. Brcitbarth; argd and sub.
Circuit COurt-jui0e COr.-Kilbourn vs.. Thomp
son; Urgumts. commenced.
Crimtnd! Court-Jud0e Wyle.-Benjamin Bgelow
Eqaity CC,pt-Judge James.-stewart vs. Smith
deed set aside and sale ord; Caughton and Red
ington, trus., to sell. Heitmuier vs.. olmstead; I;
restrg. ord. VS.. trus. rescd Smith Smith; suppl
subst. for and, bill, Baldwin VS.. Sanders; decree
adjsg rights of parties. Portner vs. Leonard; sale
| rat nsi.
s77l. John B. seatt VS.. Alexander Maynard ct
| all for conveyance of lot u, Young and Fowlers
subdivision Of square 42l. L. G. Blunt solicitor.
2iS73. w. H. Hammersey VS.. The Steamer Mary
attorney.
| COURT CALL.
General Tern,-CNier Justice Cartier, Justices Hdg.
Rer and James.Nos. H. 49, %, 23, 81 49, 80, and 81
Equity Court-.Iud0c JameS'-no assignment
Circuit C0lrt-Judoe Cor-Nos. IS, 81, 81, 100, 10l,
| 102, l03, l04, 05, 5, 80, and H.
Criminal Colrt-Judge Wyie-The Bigelow
cases.
NERVOUS debility, the curse of the Ameri-
can people, Immediately yields to the action
| of Browns Iron Bitters
|
A Martin XNnahinrtnn Ten PnrtX.