National Republican., 1883-03-20

mission. To the rule to show cause the sec
rotary filed an answer setting forth that he
withheld the payment by direction of the
President of the United States that treaty
was pending under which the claim would be
reviewed, &c. The court i'm the opinion quotes
the opinion of Mr.. Evarts in q communication
to congress showing that President Hayes had
investigated the case, and that under the pro-
visions of law the awards could not be re"
opened. He concluded by sustaining the de-
murrer TO the answer, and direct poremp-
tory writ of mandamus to issue.
AN IMPORTANT DECISION.
Judge Hagner, in the court in general
term Yesterday delivered an opinion in the
case of 4. L. jackson VS.. NJ. g. Schultze.
This was an action to recover on bill for
materials furnished W. N. Hortskamp under
q written guarantee Of defendant to be re-
sponsible TO the amount of $iC0. On the
trial below the defendant asked an instruc-
tion that plaintiffs could not recover because
there was no proof that plaintiffs ever noti-
fed defendant of the acceptance of the guar
anty. This instruction being granted, the
verdict was for defendant, and exceptions
were noted, on which motion was made for
a new trial, which being refused an appeal
was noted. The court held that it was un-
necessary to prove acceptance of the order, for
IL was in explicit terms and was fully under
stood. The decision is of great Importance to
business men.
MRS. HALLS WILL.
The will of the late Clara b. B. Hall has
been filed in the Office of the register of wills.
She bequeathes to her daughter Carrie Hall,
wife of Roger Sherman Bartley, after her
special bequosts are carried out, all of her dia-
monds, jewels, and personal ornaments, her
wardrobe books, paintings, pictures, and the
remainder of her estate both real and personal,
Mr.. Thomas w. BARLEY is nominated as ex-
ecutor, and has applied for letters testament
tary.
MISCELLANEOUS.
Messrs. Samuel c. Cross and Peter F. Ba-
con, codefendants in the suit of John w.
Thompson VS.. Alexander X. Shepherd, yester.
day filed an answer denying liability.
Yesterday, on motion of Mr.. Critcher, Mr..
William p. Barton, of Virginia, was admitted
to practice before tho district courts.
Judge Wylie has assigned the cases of en-
bezzlement against Benjamin +. Bigelow,
late teller of the National Bank of the Re-
public, to the special criminal court.
1t is thought that the cases against the de-
tectives will be called for trial in three weeks
THE RgcoRD.
Supreme Court IN General Term chief Justice Cart
Ter aud justices Coz HdDner, and MdcArthur.-Jack
| son Il Co. VS.. Schultz; opinion by Justice Hagnel
| reversing the judgment of the lower court and
accommodating the cause for new trial. United
Justice Cox granting the writ of mandamus
| Flngg vs. Kirk opinion by Justice Cox affirming
| Judgment of the court below. Means VS.. Hoge
opinion by the chief justice dsmissing bill, each
| party to pay their own costs. Assignments for to-
day-Nos. Il, 72, 20, a. 20, 20, a. 81 and 49,
Special Criminal COut-JuSttce Hdgner.-Unitod
| Slaves VS.. Robert Johnson, housebroaking in the
| night; verdict OF not guilty aud prisoner dis
| charged. United States vs.. Edward Jones, keep
| Ing gaming house; motion to quash indictment
filed; Saturday set for hearing arguments pro aud
con on motion. United States VS.. Lawrence
Whitehead, receiving stolen property; pleaded
| guilty, and sentenced TO five moths and seven days
In jail. United States vs. James Scott accessory tc
| rape: release on 81, 900 bail Chase Roys surety
United States VS.. William Jones and United States
| VS.. Edward Johnson, housebreakiug in the night
arraigned aud pleaded not guilty. United state.
| VS.. Henry w. Fenner and United States vs. Robt
| B. Williams, murder; arraigned and pleaded moi
| guilty. United States VS.. Francis A. Mcguire
| forgery; arraigned and pleaded not guilty United
States VS.. VIM. I. Keys, perjury Grralgned ant
| pleaded not guilty. United States vs.. George
! NARROW, two cases of housebreaking in the night
on trial. Assignment for to-day the cases lef
| over.