National Republican., 1883-09-05
LEGAL MATTERS.
The Postmaster Generals Answer To NJ A..
Dsuphin's Claim for Damages.
Injunction Against the II. ana p. Railway
Asked For-other Legal Business.
THE POSTMASTER GENERALS ANSWER.

THE POSTMASTER GENERALS ANSWER.
Messrs. Phillips and Freeman yesterday, as
attorneys for Postmaster General Gresham,
filed the latter's answer to the suit against
him entered by NJ. A. Dauphin, who laims
100000 damages for stopping his mail. The
defendant says he is not guilty Of violating Sec
tions 1929 and 40i1 Revised Statutes, and fur
thor states that on the thirteenth of Novem-
Der, 1879, Postmaster General ID. M. Key, after
hearing evidence he was satisfied that
the plaintiff was engaged in conducting
scheme or device for obtaining money through
the mails by means Of false and fraudulent
pretenses.
Gen Gresham then quotes at length the
order of Ex-Postmaster General Key, and
says ho has simply enforced it. He further
states that after entering upon the discharge
of tho duties Of the Office Of postmaster general
his attention was officially drawn TO an entry
among the records of the department, being
an order mado out by Mr. Key on Nov. IL,
1870 which Is included in the order made by
himself upon the ninth of July last; that
upon investigation he found that the order
had not been either revoked or modified, and
thereupon considered it to be his duty to en-
forco it.
In order that he might be informed Of any
thing that the plaintiff might have to suggest
to the contrary, he gave notice of what he
proposed to do, and heard arguments In be-
half OF Mr.. Dauphin. He admits that at such
hearing he declined to ro-try the question
already decided by his pred inasmuch
as Mr. Dauphin did not allege that there had,
in the meantime, been any material change
in character,
After the hearing he issued TO the pos t.
master at New Orleans upon the ninth OF
July last certain directions, which he AYERS
is all that he has done in the matter of which
Mr.. Dhuphin complains. The directions re-
ferred to are the orders issued by Gen. Key in
relation to not delivering money orders or
registered letters to Mr.. Dsupbin, and which
the postmaster general dirocts to be enforced.
They have been repeatedly published.
In conclusion the postmaster general says
that whatever has been done by him in the
matter of which Mr.. Dauphin complains has
been done merely in the course OF his official
duty and without malice to Mr.. Dauphin, and
he denies all allegations in the declaration
contrary to or not admitted by his plea.
AN INJUNCTION AGAINST THE B. AND p.
RAILWAY.
Lyman Fl. Lamb yesterday filed bill in
equity for an injunction against the Balti-
more and Potomac Railway company and
Walter H. MARROW to restrain the defendants
from laying track along street and along
the south side Of Virginia avenue to coal
yard. rule was issued to show cause why
the injunction should not be issued, return
ablo tomorrow.
THE DAILY SUIT AGAINST THE RAILROAD.
Charles II. L.. Crown yesterday filed the
daily suit agsinstthe Baltimore and Potomac
Railway company for damages He claims
$4,000 damages to his property, No. 931 to
935 Maryland avenue Southwest.
SUIT Fob DAMAGES.
Sarah F. Johnson yesterday entered suit
against Anthony Tnlley and Emily Tulley,
claiming $4,000 damages. She sets forth tina t
the defendants appeared before Judge Bundy
and swore that plaintiff stole certain articles
of which she was acquitted at her trial in the
police court.
A HUSBANDS RESPONSE.
Charles G. Coombs yesterday filed his
answer to his wife's suit for divorce. He ad-
mits the marriage, birth of child, and living
together in this district, but denies emphat
ically that she demeaned herself as kind
and affectionate wife until June 20 1883, but
ON the contrary charges that she voluntarily
left the house and home he had provided for
her without any cause whatever, and has since
refused to live with him. He denies treating
her cruelty, and AYERS that he had always
been a good and kind husband, and provid-
ing for her in manner befittinR the social
position they enjoy in life. He denies kick
ing or striking her or calling her harsh
names and asserts that these allegations are
the offspring of discontented mind, the sole
reason for it being his limited means and
her extravagant ideas, which he could not
crafty. He denies treating his child cruelty,
and says that this complaint is maliciously
made and for the purpose of prejudicing the
court against him.
THE sAwMILL CASE.
Mr.. w. Pierce Bell, as attorney, yesterday
submitted the answer In the case Of Atchison
against muifhead In tho application for an in
junction to restrain the running OF q sawmill
corner Of Nurteehth and @ streets. The
answer shows that the defendant acted undel
the edvice of his counsel; that the order was
not q restraining one until tho filing of a
bond, and that no contempt was intended. II
wss further stated that the engine was run IL
connection with the business Of the defendant
as a contractor with the postoffice department
and IL he Is enjoined he will be put to loss.
The rule to show cause was dismissed will
costs. Mr.. Muirhead was adjudged not guilty
of intentional contempt, and was permitted
to 60 without punishment.
MISCELLANEOUS ITEMS.
The September term of the equity cour
opened yesterday, with Judge James pre-
siding. There are thirteen divorce cases oil
the calendar.
Amy Berry yesterday filed bill in equity
against Elizabeth N. Thompson and other
for the appointment of trustee.
Susan Turner yesterday filed a bill in equit.
against Harry MCGOWAN and Jesse McGowal
for the appointment of trustee in place Q
one deceased,
In the equity court yesterday Mr.. w.
Dell duuOunCou tno uthtu Vi W. IL lIdbhof
and tho court adjourned out of respect to tn
deceased's memory.
THE RECORD.
Equity Court--Jtdae Jdmes.--Haliday vs.: Hall
day; sales finally ratified. Mcnamara VS.. KeyseI
auditors report ratified. Clark vs.. Sebert same
Kooues VS.. Budd; sales ratified nlsi. Sage vs. Sag
same. 2ug VS., Bailey; auditors report ratified
and distribution ordered. Browner vs. Herth; sal
ordered and W. II. Brown trustee to sell. Wagga
man VS.. Waggaman; sale ratified nsi and referre
TO auditor. Mosser VS.. Waggamau testimony
nonresident witness ordered taken. Power v
johnson; appearance Of absent defendant 0
dered. Dallas vs.. Dallas; sale ratified au
referred to auditor Dayton vs. Dayton: sale rat
fled nisi and trustee directed TO sell notes. SpeC
VS.. Coyle; auditors report ratified. Callaghan v
English; pro coniesso VS.. defendant Snow ar
testimony ordered taken. Mccarthy vs.. O'Brlel
auditor directed to execute order of freferenc
Yeabower vs. KenRla auditors report ratified
Berry vs. Thompson; A. A.. Birney apponte
guardian ad ltem. Adjourned until to-day. A
SignmentB, first ten cases on the calendar.
That Husband OF Mine
Is three times the man he was before he b
gan using "Wells' Health Remover" :
Druggists,