National Republican., 1883-07-07
A MURDERER ACQUITTED.
Insanity the Cause, and He is Transferred
From Jail to an Asylum.
a Postponement Denied In the Blgclow
Uase-OthCr Legal Business Transacted
HENRY FENNER ACQUITTED.

HENRY FENNGR ACQUITTEDs
The trial Of Henry Fenner indicted for tho
ynrder of Samuel w. Nugent, on Sept. Q,
1882, came up in tho criminal court yestor-
day. District Attorneys Corkhill and Tag
CART appeared for the government, and j. w.
Walker, w. T. McGerny and +. J. Lippett
represented tho prisoner. The defense was
insanity and neither they nor the govern
ment exercised the right TO challenge, so the
following Jury was secured Thomas Somer-
willie, Il. i. Simpson. Thomas Lucas, Walter
II, Evans, Joseph Shorter, Eli ii. Hughes,
John H. Wise, John A. Schneider, j. WIN.
Cruit, Andrew Archer, B. w. Page, and Robt.
r. Frey These were selected in minutes,
and in one hour after the case had been
called witnesses were on the stand, the gov
ernment and defense each having made their
openings. DR.. Sewers testified to the blow
received by Nugent and the cause of
his death. Officer Skelley testified that
he was called by Mrs Ross with whom Fen
ner boarded, and went to arrest him. He
went there with Nugcnt, and in attempting
TO make the arrest Nugent was shot.
August Hartman testified as to the prison.
er's sanity. and related acts which made him
believe that Fenner was insane.
DIR. Godding testified that he had an inter-
view with Fenner last April gave an &C
count of the conversation, and felt satisfied
that the man was insane.
Peter Swift testified of acts that indicated
the insanity of the prisoner.
Artcmus Reyburn, James Shea, George
Mistbach, and Mrs. Geigor, believed Fenner
to be insane
The court instructed the jury as to insanity,
and the jury returned a verdict of not guilty.
Judge Wylie ordered certificate to be sent
to the secretary of the interior for the trans
fer of Fenner from the Jail to the insane asy-
lum.
THE CASE OF D. r. BIGELoW.
In the criminal court yesterday morning
the cases against b. f. Bigelow for embezzlng
money from the National Bank of the Re-
public were called. w. B. Webb appeared for
the defendant and asked for II continuance.
An affidavit WIS filed from Mr.. Bigelow. In
it he states that he is not prepared to try the
cases for the reason that at the time of the ar
raignment on the several indictments and for
a long time thereafter he was laboring under
severe indsposition, and so prostrated by pro-
tracted illness as to be totally unable to take
any measures toward the preparation of his
defense but for short time he has been i'll
better health, but has been at all times and
is now subject to relapses that unit him for
any business that he has not seen the in
diCtments against him, but is informed that
he is charged therein, as an officer of the Ma
tional Bank of the Republic, with cmbezzle-
ment of tho funds of that bank that he is
also informed that the evidence relied upon
to sustain the charge is to be found in certain
bank books, some of which were i'll his charge
MS an officer; that in order to the proper
presentation of his defense it is necessary
that he should have access to the books,
Mhich has been denied. If such access is ac-
corded him and his counsel, he expects to
show that the charge of embezzlement is false
and without foundation
District Attorney Corkhill opposed the con-
tinuance. and after discussion the court de-
clined to grant continuance, and the case
was set for next Monday.
THREE WILLS FILED.
The will of the lat$ Admiral b. F. Sands
was filed yesterday with a codicil. He di-
rects that if his wife Survives him his estate
should go to her, and if deceased his estate to
20 to his children. The codicil directs that
in case of the death of his daughter Rosa
Virginia Sands, known as Sister Mary Hilda,
before the distribution her share is to go tc
the Sisters of Visitation of Mount do Sales.
The will of the late Charles Case was filed
yesterday. He divides his personal estate
between his children, aud directs that of his
real estate his daughters are to have $500
more than his sons. Ida l.. Case is named as
executrix.
The last will of Daphne Hungerford was
filed yesterday. She leaves all of her prop
erty TO her children, and appoints Howard
Pierce her executor.
A FIFTY THOUSAND DOLLAR DAMAGE SUIT
Lydia f. and Isabella Duplor yesterday en-.
tered suit against Columbus W. Thorn fol
$4,000 damage. The declaration states that
on the fifth instant, with intent to injurt
plaintiffs, the defendent appeared at the Ma
tional Bank of the Republic and directed that
n draft presented by the plaintiffs be not paid
further, defendant denounced them as frauds
with intent to injure them in character and
business.
MANDAMUs ON SECRETARY TELLER AMI
COMMISSIONERS DUDLEY.
Alonzo j. Marsh, executor of the estate o
John NJ. Lyon, yesterday filed petition for I
mandamus on Secretary Teller and Commits
sioner of Pensions Dudley, to compel then
to grant pension certificate. A rule wa
was issued returnable on the first Monday IL
October.
MISCELLANEOUS.
George A. 0'IIare has made an assignment
to Raphael G. Gwynn for the benefit Of hi:
creditors of his business rs grocer.
The court in banc yesterday appointed
Thomas b. Stable a constable for the district
vice G. @. Frayser, resigned.
The court in general term yesterday over
ruled the motion for n new trial in the case
of Frederick vs. Christiani.
THE RECORD.
Equiiv C0urt-Jttdge JdmeS-Barry ct al. vs.
Clark ct al; guardian ad ltem appointed ALE!
vs. Quinter; decree for specific performance
Browning vs. Graut; argued on application for IN
junction and decision reserved. Adjourned unit
to-day,
Probate Court-JudGe James,-Will of Rear Ad
mifal BENJAMIN +. sands; will proven and eNecu
tor allowed to pay debts and legacies: VIII 9
Chales Case flied and proven. Estate of Hattie
Bennett; petition andletters testamentary granted
bond s3,0O0 Estate of Geo. Hammeken order o
June % modified. Estate of T. Ford; Alice A. G
Ford, bond in 500 and qualified as eXecutix
Estate OF Margaret A. Randall; cOyeat dismissed
Robert Brown; guardian To Cora, Gertrude, an
Marshall Brown order OF appointment; bond 500
Estate of Emily johnson; viii admitted and letter
testamenIary granted bond $1,000 Ellen Lawler
order of appointment; bond 800. Codicil of Joh
g. killian iiled and proved. and order admitun
same. Estate OF Robert Davidson order OF az
pontment; bond 5000. Estate Of Fanny W. Cal
lahan; administrator allowed to sell stock.
Excursion.
The steamer w. w. Corcoran will make
trip down the river Saturday evening at