Evening star. [volume] (Washington, D.C.) 1854-1972, 1889-03-11

Pretty Plain Talk.
In The case Of Aaron n. Potts sgt the wash-
ington National bose ball club, for damages by
being struck with fonl ball in April 1884, .
verdict was found for defendant, in Circuit
Court. No. 2, Judge Montgomery, this morning.
The verdict was on the direction Of the court
after argument the judge holding that the tes-
timony for the complainant showed that there
was no negligence ON the part Of the club, and
that the defendant was in q part Of the inclo-
sure where the ball was likely 10 hit.
The clerk was directed to take the verdict,
but there appeared to be hitch in the jury
box. and after some talk among the jurors, one
Of them. Mr.. W. R. Speare, said he was not
prepared to give verdict for defendant, and
would rather take the case out and consider it.
"The court" said the judge, "will look after
the matter and will look after you later. The
clerk will take the verdict"
The verdict was then rendered for the de-
fendant, MIR. Speare joining with his fellow
jurors.
When jury had been empanneled in another
case, MIR. Speare was called and asked what
reason he had to give why he should not be
punished for contempt
MIR. Speare replied that this was his first ser
vice on jury, and he supposed that every case
was to be given to the Jury to deliberate upon.
and that the jurors might understand their du-
ties, that the court had its duty to perform and
the jurors theirs. The court took care of the
law and the jury Of the facts. The court would
not intrude on the province of the jury, nor
would 1t permit the jury to intrrde upon it's
the jurors are Of sufficient intelligence TO COM
Prehend this, and for the purpose Of admon-
lshing you that this is the case direct that a
nne OF Sl0 be imposed for contempt Of court"
The fine was paid and the subject was dropped.
Disputed Ownership.
WHETHER GROUND Is OWNED BY THE DISTRICT
Or PRIVATE PARTY.
Some time ago THE STAR referred to the
letter of Mr.. W. C. Hill asking that a pavement
be laid on Boundary street, between l4th and
18th streets, in front Of the new houses just
finished. The houses in question are built
upon what is known as Foxs discovery
The papers at the time were referred TO the
attorney for the District upon the recommend
alton OF Capt Symons, who reported that il
was his impression that the property belonged
to the District Attorney Riddle, in passing
upon the case, said that if the applicants title
Is to be established he must furnish an abstract
prepared by an expert, and if it appears that
be has not the title the District could not col
lect its assessments. In the year 1887 Nh
Henry E. Davis, the assistant attorney, rem
dered an extensive opinion, in which
he said that the space in question
was nothing more or less than a space formed
by the intersection of Boundary street with
18th and W streets and New Hampshire avenIe,
and was the same in effect as any street or
intersection of streets at any other point within
the city, and that it was the property Of the
United States. The matter was again referred
to Capt. Symons for report In his indorse-
ment upon the back of the papers he saws
''In my opinion these houses are built upon a
part OF the public street system Of the
District, and the owners have no legal
rights to the land any more than they would
have to build house in Mount Vernon square.
l suggest that the surveyor be directed TO run
the north line of Boundary street, from 10th to
14th street, in accordance with the legal status
OF this street, as described by Mr. Davis. This
involves not only the land upon which these
houses are built, bnt it involves certain
other land which is now being graded
by some parties unknown to me. /
would furthermore recommend that upon
the establishment of the legal lines
for Boundary street if it is found that
these buildings are on the street
that the owners thereof be required to
move them off within a limited period or be
informed that they will be removed by the Dis
trict. 1t is suggested that prompt action on
the part of the surveyor should be taken in this
matter" Major Raymond has looked into the
matter and approves Captain Symons' recon-
mendations. The matter is now in the hands
OF the other Commissioners, and will doubtless
meet with their approval