National Republican., 1883-11-17
THE COURTS.
Verde! Of Not Guilty in the Shugrue As.
sault Case.
nTsndnn,us on Comptroller Upton-otheI
Legal business Transacted Yesterday
THE e111,nrrr ASSAULT.

with intent TO Kill GatricR ShutTu' On SepV'
6, 1888, on North Capitol and streets. The
defendants claim that the assault was made
in the first instance against Samuel Hessler,
one Of the defendants, by tho prosecuting
witness Shurrue The mother and father
of the defendant Hesscr testified that the
assault was first made against their son, and
that Shugrue made a motion as If to draw
pistol and then they heard their son
exclaim Pm shot" 1t was then that Collins
wen to his help. After hearing the testimony
his honor Judge Wylie remarked. " 1t seems,
Mr.. Taggart, you have indicted the wrong
parties" The government however, called
other witnesses to rebut the testimony of the
defense after the hearing of which his honor
allowed the case to 80 to the jury, who, alter
ashulf hours deliberation, returned verdict
OF not guilty.
WILLS FILED.
The will of Byron A. Kidder was filed with
the register yesterday. lie leaves the bulk
of his property TO his two sisters, Clarissa r.
Kidder and Lucy l.. Whitman, share and
share alike. Upon the death of his sisters the
b lance o real estate to bo sold and the proceeds
q all create u fund, to b. known Il, the Kid.
lcr charity fund Of Friendship lodge No 1 :,
!. o. o. i. Thomas Greer is appointed sole
executor.
sarah Kibby's will, also filed yesterday,
leaves to Mary Martin, Mary Kirby, and
Mary Casey, servants, 800 each. All the rest
of her property goes to her granddaughter.
Bessie Juliet Kibby, upon condition of her
paying 10 her two grandSons, William b.
kibby and John Drew Kihby, the respective
sums of $1,000. John L. franklln is ap-
pointed executor.
The will of the late DR.. w. G. II. Newman,
after devising all personal property not other
wise willcd to his wife, and the residence,
No. 2i03 Pennsylvania avenue northwest
after bequcst of $4,000 to Annie X. New
man, his daughter, is left to his son, II. NJ.
Newman, who is also to receive the real
estate situated near Princess Anne Somerset
county, Maryland. After Mrs Newmans
death twenty-five acres of land in Somerset
county are to become the property Of the de.
,eased's grandson, W. c. Gwynn.
MANDAMUs ON COMPTROLLER UPTON.
peremptory mandamus was granted the
plaintiff yesterday, by the court in general
term. in the case of United States ex rel.
James II. Elgn VS.. w. w. Upton, second
comptroller of the treasury, requiring him to
examine and state the account of the relator,
n resident of Maryland, as certified to him
by the third auditor Of the treasury for the
sum of $4,000 due Elgin on account of the
use and occupation OF certain roal estate in
Washington county, Md, during the war.
The second comptroller declined to examine
or state the account upon the ground that he
had no authority to do SO. Mr.. a. l.. Merri-
mun represented the relator.
THE wHELAN-LowE CASE.
Before Judge Hagner, the case of w. It.
Whelan vs. f. NJ. Lowe and others, was heard
eand continued until to-day after the bill as
to co.defendant, Nathan Reeve, had been dis
missed, and the answers of p. A. Darneille
and i. NJ. Lowe filed. Mr. Darneille denies
the allegations rs to having made any repre-
sentations about loves business to plaintiff,
and stated that Lowe accepted $500 in cash
in Whplan fpr
his interest III the business. subsequently
lowo offered to dispose of the two notes
through him, and Whelan, atan appointment
made through Reeve, agreed to cash them at
II discount of $50. ....-. ..
Mr.. Lowe also denies the allegations made
accusing him of misrepresentiug the value or
extent of his business or of collusion between
Mr. Darneile and himself, or that any fraud
was practieed.
GENERAL NOTES.
The suit of Paul Jones against the
Baltimore and Ohio railway COM
pany occupied the attention of Justice
Macarthur in the circuit court yesterday.
This is an action for 100000 damages for
the loss of his right arm, occasioned, as the
plaintiff claims, by being forced to quit the
track on the Metropolitan Branch of the Balti-
more and Ohio railway while it WAC in motion.
The defendant company claim and offer testi-
luony to the effect that the plaintiff was un-
der the influence of liquor, and that the ac-
cident for which the damages are claimed
was caused by the condition and negligence
Of the plaintiff himself.
The chief justice having, on the fifteenth
instant, received communication from tbs
attorney general calling attention TO the fact
that the clerk of the supreme court OF the
District Of Columbia had not made his emOlu'
ment return, as required by statute. Having
called the attention of the clerk to this TACT,
a
now before the auditor of this court tOl
adjustment. Upon the whole matter the
court then ordered the auditor to proceed It
state the emolument account of the clerk anC
report the same to tho court.
UNITED STATES SUPREME COURT.
The proceedings of the United State
supreme court yesterday, were q
follows: No, 127. w. }. Smith ct al.
plaintiffs in error, VS. Malcolm McN
ct al; argument concluded No. l2o oake!
Randall, plaintiff in error, vs.. The baltimore
and Ohio railway company; argued. No
129 Virginia Young, appellant, VS.. A. b. Du
val and Wm. +. Holtzman argument com
menced. Adjourned
THE DAILY RECORD
Court in GsneraI 2erm- Aif Justice Carter an,
justices Cor aud James.--UIi ed STATES on relation
OF james II. Elgen vs.. W. IA, Upton, second comp
lroller OF the tire .Sury; 1t Is ordered tiat per
emplory mandamus issue To respondent CON
Elgen, referred to i'll The proceedings, aud Certi
the balance, IT any, to the secretary OF the de
paTtment IN which the expenditure was incurred
Thomas SOmeryillC v. Ale xnnder Tennan, ct a.
Decree That the order and decree below be re
yerscd: that the demurrer of the defendants
A eXauder and Eliza Tonnnnt be uverrued Va,
costs, anu the ucieudHnts nave thir days 10 al
swer the am nded Uii, Of CON lainanl, aud Il
eau c he remanded To special term tor furhe
Druc1 dings. NulUridgu 1t nj. Vi, ChHlles L
Sm,t ct nl.; arglment commenced, 10 be resune
"a MuNd,y.
Probate Comi--Judge Hdqner.-Estate of s.
Ieib; letters te,lAncn AIRY is'ued 10 Em "a &. CaT
on boud uf $500. Estate of Sarah A. kiDOey; vi
Gdmi led To probate, aud letters ties a,neutary !
sued TO john l.. FTsnkln on bond OF $4,000 L
taie OF Byron a. kdder will filed AMI order
publication issued. Estate of Catherine Browi
order appointing f. II. Wright guardian 10 jam
g. Wright on bond oil 500. Estate of Villa
Martin; petition oi Luther Martin ior letters oi ~
mngtratGu filed, In re John Golden, Rua dia
order directing additional bond to be filed, E,la
of Mary j. cid order directing sale. Estate
j. q, SlGpnensun; Letters of administration issu,
TO j., A. Nichols on bond of $50.
EQUilg CUurt-Justice Hagner.-No S7s7. Cl0
VS.. Lyon; restraining order, upon hling BOND {
ovICd 10 issue -
No, S,;Gi. Taylor VS.. Taylor; sale ordered and
G. kimbal aud Francis Miller, trustees, to Sc
AdiDurnVd lil 10 n. m. No assignment
C1rtNtt CbWrt-JuStice MdcArthur.-Jones VS.. ia
ant Ohio X. II. Co. ON trial. -
Criminal C0Ut--Judae lPpte,--Wm. II. william
s,ult, appeal nolle pros Samuel Hessler
Charles Collins, assault intent TO kills verdict,
guilty. George Litchheld, house break ing in q
nlgnt verdict guilty; order property be restore
Jos, MyeT false preenso jury sworn and respit
III Monday.
NEW SUITS.
uradford Trnnckla. snapinn nerfOrmanC