National Republican., 1883-05-03
THE LOCAL COURTS.
Two Applications For Mandamus on the SeCrO-
retary Of the Interior.
Other Business Transacted Yesterday
What the Record Shows.
MANpAMrs IN A LAND PATENT CASE.

dent oil ClrClcNllle, ana WIN oJner persons Is
heir, descendant, and representative of
Aquilla Norvil, of Prince William county
Va, in $50 acres of land situated between tho
Little Miami and Scioto rivers on tho ter
ritory reserved by Virginia in her cession of
all land within the limits of her charter
northwest of the Ohio river TO the United
States. Aqulla Norvill was q soldier in the
revolutionary war. The register Of the land
Office of Virginia in May, 1888, issued military
warrant No. 5S4 for 200 acres of land. He
had his land surveyed and recorded after
the passage of the act of Aug. 10,
1850, emitting officers and soldiers
of the Virginia line TO obtain titles to their
land, Aquilla Norvill died in 1924 entitled to
the land but before obtaining q patent, leav-
lug two sons and daughter. The petitioner
claims that his estate in and title to location
is derived under deeds of purchase in fee
simple from William and Peyton Norvill,
sons and only heirs of Thomas Norvill, son
Of Aquilla Norvill, and jerome d. and Lu-
cien B. Norvill, sons Of Peyton Norvll, and
Jennie T., Bette j., Lille d., and Ella ID.
Evans only children of Annie NJ. Evans, late
wife Of Alexander Evans and daughter of
Peyton Norvill. On May 12 $780, the pc
titioner filed in the general land Office n du-
plicate certificate of the military warrant
from the land Office of Virginia, and on April
%, 1882, he demanded, after filing satisfactory
evidence of the loss of the original warrant,
of tho commissioner of the land office patent
on the location and survey of land, which
was refused. An appeal was taken TO the
secretary Of the interior, who also refused to
issue patent He prays that the commits
sioner be commanded to issue the patent
THE HoweATE ATTACHMENT CASE.
The civil action of the United States against
w. ii. Howgate came up on appeal in the
court in banc yesterday. Or. Randolph
Coyle appeared for the United States and
Judge Cuppy for tho defendant This suit
was brought to recover 100000 or more
from the government and his property was
attached to satisfy any Judgment that might
be obtained. The original motion was TO
quash the attachment, on the ground that
action had not been taken by the United
States attorney, but by special attorney;
which was overruled. The case was argued
and submitted.
SUIT FOR DIVORCE.
Patrick Byri-o, through his attorney, A. X.
Browne, yesterday entered suit for divorce
from his wife Marie Byrne They were mar
ried in Troy, N. w. in 1865. He charges that
she has been guilty Of habitual drunkenness
and caused great disgrace, scandal, and huml-
iation to him. She is also violent, and he
calSiot live with her.
MANDAMUs IN A PATENT CASE.
An application for mandamus was made by
A. Pollock yesterday in the name the United
States ex rel. Carl Rumptf and Fred. Graessler
Patents Marble to compel the latter to issue
commission to the former The petitioners
reside in Germany, and claim to be the in
ventors OF certain improvements in dye stufls,
for which they filed application for letters
patent March %, 1880. They received patents
from Great Britain. On Dec. Is, 1879. an APP
plication was made by X. Kruegener, of Ger
many, for patent, and in the following Feb
ruary patent for the same inv ention was
granted to +. Kohler, of Germany. Upon ex.
animation 1t appeared to the commissioner of
patents that krucgener and Kohler were
prima facie entitled to patent under section
ASS6, Revised Statutes, and an interference
was instituted for the purpose of ascertaining
who was the first inventor, and time was fixed
for taking testimony. May 90, 1882 petition
ors presented u motion for the appointment of
commission to take testimony abroad to
show their identity with the British patent
which motion was denied, and petitioners APP
pealed first to the commissioner and then to
the secretary, and without avail They set
forth that the invention is of great utility;
that they are the first inventors and that by
the refusal of their motion they are precudcd
from establishing their claim, and therefore
pray the writ of mandamus. Judge Mac
Arthur directed a rule to issue to show cause
on May7.
DAMAGES CLAIMED AGAINST THE DISTRICT.
John f. Little entered suit yesterday
through Birney u Birney against the district,
claiming $4,000 damages by reason of the de-
PENDANTS entering his property, lot l6, square
s7S, destroying the soil and excavating so
close to the foundation of his house as to
weaken the walls and cause 1t to fall.
SUIT FOR wIFE's BILL.
Reginald Fendall, rs solicitor for John G.
Hardness, entered suit yesterday against Will
liam Duvall. The defendant is II resident of
Montgomery county, Maryland and suit is
brought to compel him to pay a creditors bill
contracted by Mary Duvall dnrnasnl
SUIT TO SET ASIDE WILL.
Maria Byrncs, by hor next friend Patrick
Byrne and others, yesterday entered suit in
equity against Robert Mcdonald. The dec
laration states that they arc all residents of
Chicago, and that defendants are the children
and sole heirs of the late Thomas Byrnes, who
spelled his name Burns. The complainant
asks that will leaving one old house to de-
tcndants and herself be set aside and the
property sold.
HUNG JURY.
Joseph NJ. Baird, u young white man, was
charged in the special criminal court yester-
day NTH the larceny of n clock from a cOlored
man The jury retired at 2;l5 and at 4:15
came into court and stated they could not
agree. The prison was released on his bonds
and tho jury discharged.
CHICKEN THIEF SENTENCED.
Frank Williams, n colorcd man, was on
trial yesterday on the charge of stealing a
chicken from Or" Williams. He was SEN
fenced to six months in jail.
ANOTHER MURDER TRIAL.
The case of Armistead Wood, Alfred War
ron, Joseph Marshall and Wash Curry, in
dicted for the murder of Joseph Creek, has
been set for May 8. A. X. Browne appears
for Ward, II. c, Claggett for Warren and Mar
shall, and Mr. Compton for Curry.
ADMITTED TO THE BAR.
Messrs, John W. McKenney, G. b. Ander-
son, j. II. Gordon, and George V. Bach were
admitted TO the bar of the district yesterday.
THE RECORD.
Court IN General Term-Chtef Justice Cdrtier Jus.
ticeS Hdqner and COr.-On motion Of W. b. Webb
the applications for admission TO the bar of ] ohm
M. Mckinney and Charles h. Anderson students.
were referred TO the examining committee, also
the application Of j. Hadsworth. United States
VS., HowgRte argued and submitted. Mccullough
W.. Graz; on hearing,
Equity Court-Jltdge Jdmes-Bennett vs. Eagan
pro coniesso against defendant granted. Cy-
port VS., Green; complainant required TO give
security for costs, Aud VS.. Cooke; III. d. Cooke
appointed trustee, Pepper vs. ShipheTd; plea of
VIZ, Mattingly 10 stand an answer Pepper
final as TO NJ. q. Shipherd Mackall VS.. Mackall;
motion 10 limit defendant denied and complain
ant limited TO ten days. Fitzgerald vs. Fitzgerald;
prO cOnesso vs. defendants and reference to j.
kimball, examiner, oIde.ed. Van Hooke attach
mont directed 10 issue vs.. defendants. Burns VS..
Metropolitan Building Association; auditors re-
port confirmed. Palmer vs. Bowers pro con-
fesso vs. defendant, j. Yan.Heusen. and reference
To auditor ordered Adjourned until to-day. AS
ANT nnnhanUnh