Evening star. [volume] (Washington, D.C.) 1854-1972, 1891-03-09
A NEW TRIAL FOR CROSS.
Opinion of the Court in General Term-Other
Decisions Rendered.

Opinion of the Court in General Term-Othel
Decisions Rendered.
In the Court in General Term, Chief Justice
Bingham and Judges James, Montgomery and
Bradley. a number of opinions were delivered
The first was in the case of Gould Marion agt
Teresa Williams, ejectment for two-ninth3 in
terest in north half lot 10, square IS, be-
queathed by the will of Polly Williams In the
court below a verdict was returned for plaintiff
and the court holds that the direction should
have been for a verdict fo- defendant and re-
mands the case. Judge Bradley delivered the
opinion of the court.
In the case Of United States agt VIM. Doug
lass Cross, convicted and under sentence Of
death for the murder of his wife in October
1889, the Judgment was removed. Judge Mont
gomery delivered the opinion of the court
| stating that the offer to prove a dying declara.
ton under the circumstances was without war.
| rant or excuse, for it was known that deceased
was not in a condition to make such declara-
ton. On the exception as to the reception OF
the testimony of Maier, in relation to hearing q
colored man and woman quarreling, the court
holds that the testimony was properly received
For the first reason the sentence was set aside.
This case attracted much attention at the time
and since, owing to the peculiar defense OF
Messrs. C. Maurice Smith and Joseph Shilling
| ton-suicide from jealousy-but the point was
net considered in rendering the opinion, the
allegation of misconduct in attempting to prove
! dying declaration settling the motion for a
new trial.
In the case of Hoover Snyder against Soule
Il Harrington the motion to quash attachment
granted. Opinion by Judge Montgomery.
In the case of Boteler against Dexter, action
on note, Judge Montgomery delivered the
opinion of the court that the plaintiff was enti-
tied to judgment.
II +ho 600 30 Morrorot uot,a, ,,,.;,,.x Al
Baltimore and Ohio Railroad Company Judge
James delivered the opinion of the court sus-
tanning the appeal
In the case of the estate of Bushrod Askins,
in which the attempt is made to establish a
noncupative will, Judge James delivered the
opinion of the court affirming the decision OF
the Probate Court registering the application.
Judge Montgomery dissented, being of the
opinion that the cause should be remanded.
In the case of the will of the late Michael
Tally Judge James delivered the opinion Of
the court James Tally. one Of the sons, filed
a caveat to the will, raising the questions as to
the testamentary capacity, whether it was pro-
| cured by undue influence or by fraud, and the
issues were framed adding two, one as to the
proper execution Of the will and one as to
whether it had been made over to him. The
court holds that the added issues should be
stricken out and suggests that the issues be
amended.
Chief Justice Bingham delivered the opinion
OF the court in the case of Louisa ID. Pelz
against p. Pelz, in which the bill seeks a decree
for the payment of alimony, they having
separated. The point was made that the court
had no jurisdiction when alimony alone il
sought and the court holds that it has such
jurisdiction. The court, after referring to the
testimony, said that the defendant should al
least aid in the support of his family and di-
rected a decree for the support of his wife and
daughter for S60 per month until the further
order of the court. The decree appealed from
was for S75 per month