Evening star. [volume] (Washington, D.C.) 1854-1972, 1884-04-07
The Three Card Monte Cases.

NEW TRIALS GRANTED THOMAS DUNN AND ROBERT
ACRPHf-IAPokTANT RULING AS TO CHALLENGES.
In the Court IN General Term, in the case Of the
United States against Thomas Dunn and Robert
Murphy. the first named convicted in two cases Of
larceny (by three card monte and sentenced to the
penitentiary for three years, and the last named
convicted in case same offense, and sentenced
to one year In the penitentiary, the opinion Of the
court was delivered ny Chief Justice Cartier this
morning. This case came up from the Criminal
Court on exceptions taken from the rulings as to
last week by Mr.. II. H. Wells specfa. counsel In
1.-THE detective cases." and District Attorney Worth
lngton for the government, and X. Stockett
Matthews. OF Baltimore, and A. B. Williams for the
defendants.
The Chief Justice said that there was very i'm
por.ant question involved. for the complaint was
tribunal they We're entitled be tried by He read
from the exceptions the rejection OF the ffl Juror
ana he assumption OF the right 10 ten halenges.
ana the exception taken to the ruling allowing the
government three peremptOry challenges. He said
mat 1t had been shown that up to 1867 no peremp-
tory challenges were allowed either side except in
cases OF treason and capital ofIenses. They were
therefore TO take up the subject at the statute Of
1856 1857 The brief submitted was very thorough,
Ior IL gave the legislation OF States to
snow what Congress intended to remedy
hy the act. The act OF 1867 gave the
oeIehoaht In penltent1ary cases four perpnptory
challenges, and this was re-enacted. in 1879 an
other act was passed. amending the act OF 1867 Civ
Ing the defendant ten and the government three
provided for the whole subJect-it was a complete
provision. The only question was whet her this was
auaressed to this jurisdiction. The Statute says
llaJ all laws OF the United states not locally 1nap
pI'cabie Shall be in force in the District. Ii vas
agueti mat as the latter law addressed to the
NHcult courts OF the United States 1t does not ap-
ply Ai,sl discussing authorities on this point. the
court SAID that II had doubt but the law OF 1872
applied here, and the defendants were entitled to
ten challenges. The case was therefore reversed
ana a ne" Trial granted
HE webb Pension Case Dismissed.
OPINION OF JUDGE wYLIE.
To-day, In the Criminal Court, Judge Wylle de-
HVered his opinion in the case OF A. h. Webb in.
octed 1or Violating section $3.50. Revised Statutes
by using the mails In furtherance Of a scheme to
deiraud a pensiOner A demurrer had been filed to
the Indictment, and it had been argued three sue
ceoalve saturdays. The court, after reading the
statute said IL was necessary to show that under
the statute there was a scheme devised and that
some one Was defrauded or was to be defrauded
Inc sum and substance OF the Indictment was that
tnere was Il oman whose first husband had died In
The service, and that Webb conceived the idea OF ap-
ply ing TO her for power OF attorney to prosecute
iler claim There was no pretense that he manu-
lactultu the STORY. 1t was told by her and sworn
10, aud that far he had not manufactured scheme
III was nor shown that she paid him any money
II there was arlifice 1t ought to be found In his
representation OF the validity OF her claim but it
was not set out in the Indictment. Webb did give
MN 10 understand that she had good foun-
warrant that it would he secured
he told no ralsehood; but simply encouraged.
W mere was the artlflce In this? The court would
not INFER fraud, and the indictment be good must
state What constitutes TIE fraud. The statement
OF webb might have been an erroneous opinion, but
lawyers We're not TO be held liable for expressing
an erroneous opinion. man might not be liable
as to the facts but would be liable as to fraudulent
deceit. The law required the facts to be So; forth
siecilcaily, SO that the indictment would show
fraud upon It's face 1t was also claimed that If the
woman Was entitled To pension. then Webb was
right In taking the action he did. III the act CT
August. 1872, was In force when this application
was made. the woman undoubtedly entitled to
arrears Of pension during the time she was widow
he court therefore Sustained the demurrer TO the
indictment and dismissed the case.
BRUTAL MURDER IN BALTIMORE.--Andrew Smith
colored man. killed his paralnOur. Annie Blackis-
ton, IN Baltimore saturday night. She had aroused
his suspicious that she was unlaithful and he heat
her with the sole OF heavy boot until she was I'M
conscious she afterwards recovered conscious
hess ana was moaning and suffering until half
past eleven o'clock yesterday morning, when she
died, ~