Evening star. [volume] (Washington, D.C.) 1854-1972, 1899-08-26
The L&. A. COURTS
Important Trials Scheduled for the October
:, Tenn.
Coming Winter Likely to BE Busy
One-Benjamin H. Smell Among
the Fist te BE Tried.

The summer recess-of the District courts
is at its height. All but one of the justices
and by far the majority of the attorneys
| are away from the city on vacation trips.
Nothing is being attempted in the way Of
! trials. the business transacted being only
the passing of orders that are absolutely
| essential. In the clerks Office the average
number of original actions are being in
stituted, but all that is done is to docket
the papers and lay them away for future
| disposition.
| But there is going to be an awakening.
From present prospects the coming winter
is going to be the busiest in the history of
the local courts. large number Of import
ant cases awaiting disposition.
| In the criminal branches of the Supreme
| Court of the District of Columbia matters
| are going to be of a particularly interest
| ing character. Among the first to face a
| jury will be Benjamin H. Smell, the for
'mer pension bureau clerk. indicted for the
murder of Elizabeth NJ. Weisenberger the
| 9TH instant. The trial of Smell has been
| set for the 9th of October and the defen-
| dant will be vigorously prosecuted
Case of Frank Funk.
| Following close upon the Smell trial will
| be that of Frank w. Funk, who is accused
| of the murder of William H. Brooks, the
| 23d of June. 1898. The details of the Smell
and the Funk cases are fresh in the minds
| of the public, as is that of Harry Johnson,
recently arrested and held for the action
of the grand jury for the commission of a
| criminal assault on Mrs. Hardy. OF inter-
| est to great many persons is the case of
| Lewis Yeager, the local attorney at law,
charged with the ruin of a girl thirteen
| wears of age. indict ment for murder Is
| also pending against Mary Brown. aleg-
| ing that she caused the death Of male
| child
Among the alleged murderers in the Dis
| tr1ct Jail, waiting for the fall term OIL the
| court to open, in order that their fate may
| be determined, is Dock Newton Tharp,
| charged with having caused the death of
Aaron D. Bishop while they were in the
| 9th street depot the 31st of last May, and
| also with having assaulted Police Sergt.
Acton, with intent to kill him.
| 1t will be remembered that Tharp and
| Bishop were on the way to their homes IN
| the SOUTH and had been mustered out Of
a United States volunteer regiment ut
| Camp Meade, Pa, few days prior to the
shooting: Tharp, it is said. was in an in
| toxicated condition, and the bullet that
| caused the death of Bishop was chance
| shot, he being some distance off from the
crowd about Tharp when the latter began
| firing.
| A case which has attracted widespread
| torney has ready for trial, after months
| of preparation is that of Francis ]. Kieck-
hoefer, formerly disbhrsng clerk of the De
| partment of State under indictment for
the embezzlemeYt ofpa large sum of money
while serving IN his official capacity. He
was indicted the 4th of October, 1897. but
argued, and July Il, 1898, were overruled
| by Chief Justice bingham. Assistant
| United States Attorney Taggart devoted
| several months recently to the case, and,
ic tat Tod will he II aI oft he
| ing fall. g
| Alleged Conspiracy.
What is popularity termed the Knights
of Labor conspiracy case will also be placed
| before a jury within a few months The
| defendants are under Indictment for viola
| ton of an act to protect trade and COM
| merce against unlawful restraints and
monopolies, approved July 2, 1890, and in
| wolves the question of the right of labor
| organization to conduct a boycott. The de-
PENDANTS are Joseph B. Fenton, William T.
| Gosnell, Thomas p O'Day, Jas McIver,
| Charles A. Maidens, John l.. Neeb, Hugh
| Digney. Michael Cuff, Aonzo NJ. Lawson.
James f. O'Meara and Stephen A Glenn
| ents.
A recent case is that of Charles H. Allen
| der, well known as an officer of q local
| financial institution against whom three
| indictments alleging false pretenses and
| one charging cmheZzlement have been re-
| ported.
| An indictment is also pending against
| Samuel NJ. Bryan, formerly president of
| the Chesapeake and Potomac Telephone
| Company. Mr.. Bryan is charged with vio-
| lation of the act of Congress of June 30
| 1893, fixing the rates to be charged for tele-
phone service in the District of Columbia
| In the equity courts a proceeding that
| will be watched with interest is that insti-
! tuted on behalf of the United States of
| America against the Baltimore and Ohio
| Railroad Company to abate purpresture. 1t
| is alleged that the railroad company is in
| unlawful occupation of a parcel of real
| property of the government in Northeast
| Washington and the suit is brought to
| compel the surrender of the same. Coun-
sci have agreed that the matter shall be
called to the attention of the court in Sep
! TENDER, or early in October.
The Telephone Controversy.
The suits for injunction instituted by
large number of compliments against the
| Chesapeake and Potomac Telephone Com
| pany, involving the right of the company
| to charge for telephone service a rate in
| excess of that fixed by law, and also the
| right of Congress to fix the rate as has
| been done, will also be disposed of at an
| early date. vast amount of testimony
| has been taken in all parts Of the United
| States In behalf of both the complanants
| and the defendant.
| Among number of important cases to be
| heard in the Circuit Courts is that insti-
| tuted by Mr.. Abraham Lisner, proprietor
| of the Palais Royal. against the firm of
Hecht Company, to recover damages in
| the sum of 5000. The question involved is
| the right of one business man to induce an
! employe of another to leave such employ
ment.
| In Court of Appeals.
| The Court of Appeals of the District Of
| Columbia soon after 1t meets in October
| will be called upon to pass on the appeals
| in the case Of George W. Horton. the ex-
policeman, convicted of the murder of Mrs.
Jane Nicholson, and the case of James
| Powell colored. convicted of the murder of
William Patrick Lee, also colored.
| Powell was under sentence to be hanged
| the 18th of the present month, but was res
| pited by the President until November in
| order that the appeal might be disposed Of.
Horton is under sentence to be executed
| also in November.
| Anothr case pending before the Court of
Appeals is that of fMaximilan w. Falk,
| convicted Of adultery. The intention is to
| carry this caseoto the Supreme Court of
| the United States, iiT order that a decision
may be had frem the highest tribunal in
the land as to whether or not the Edmunds
| act applies to the District of Columbia
Attorneys. particularly, are concerned in
| another matterysoonnto be passed upon by
| tho Cn,,rt Of HpUeHfS IT 10 tho y,otJo,