Evening star. [volume] (Washington, D.C.) 1854-1972, 1900-04-03
CASE OF LEWIS YEAGER
COURT OF APPEALS AFFIRMS JUDO
MENT OF LOWER COURT.
The Police Court Reversed in Mackall
Against District-OpiniOns
in Other Cases.

w
an opinion reversing decision in the case
Of Ladder Mackall and Qucnten Mackall,
plaintiffs in error, against the District of
Columbia. The opinion of the court is
written by Mr.. Justice Morris.
The plaintiffs in error druggists and
were arraigned in the Police Court under
an Information charging them with the sale
o. Intoxicating liquors. The testimony pre-
scented behalf of the District at the
trial showed that they had sold bottle of
a liquid known as .Braunschweger Mumme
Malt Extract without a physicians pre-
scription therefor. 1t was also shown that
the extract contained a sufficient quantity
OF alcohol to render it intoxicating. The
accused were convicted by the jury and a
fire of $3.50 was imposed by the court
The Court of Appeals holds that the Po-
lice Court judge erred in his charge to the
jury respecting the law applicable to the
case.
The YeaEer Case.
In an opinion written by Mr. Justice Shep-
ard the Court of Appeals this afternoon
handed down an opinion affirming the judg-
ment of the lower court in the case of
Lewis ]. Yeager. appellant, against the
United States. The appellant was convict
ed in Criminal Court No. 1 under an in
dictment charging him with carnal knowl-
edge of Edith Schnebel, who was alleged to
be under the age of sixteen years In con-
nection with the case the Court of Appeals
holds. among other things, that the statute
creating the offenSe in question does not
require proof of the commission of the act
on the particular day charged in the indict-
ment o" upon any other day certain. The
contention of the defense that the testi-
mony of the prosecutrix must have been
corroborated on all material points because
she must be considered an accomplish is
not concurred in by the Court of Appeals.
a oar no
in the Moundsville penitentiary for twelve
years.
A VIII Case.
The decree of the lower court is reversed
by the Court of Appeals in the case of
Minnie c. Kaiser, Carrie " Kaiser and
George j. Kaiser, appellants, against Clar-
eEce A. Brandenburg and Minnie c. Kaiser,
executors and trustees under the last will
and testament of Frederick j. Kaiser, de-
ceased; Margie NJ. Earnshaw Augusta
Fleming. the Western Presbyterian Church
and Charles E. Buck, John Miller. Abra-
ham D. Wanderneer, trustees and execu-
tive committee of the Rock Creek ceme-
terry. The appeal was from a decree Civ
ing construction of the will of Frederick j.
Kaiser. who died April 80, and whose will
was made April ). 1893. The opinion was
by Mr.. Justice Shepard.
Other Cases.
In the case Of the Alfred Richards Brick
Company against Charles V. Trotr and
others the decree of the lower court Is
versed by the Court of Appeals in an opin-
ion written by Mr.. Chief Justice Alvey.
The bill in the case was filed to enforce
payment of a balance due on a lien claimed
for materials furnished for the erection of
eight houses.
In an opinion written by Mr.. Chief JUS,
tice Alvey the Court of Appeals affirmed
the judgment of the lower court in
the case of thu American Security and
trust Company, administrator of Ben
Jamin F. Cooper, deceased, against
the Prudential Insurance Company OF
America. The suit was an appeal from a
Judgment on demurrer in a suit upon a
policy of Insurance. Mr.. Justice Morris did
not sit or take any part in this decision.
In the case of Catherine Roth appellant
against the District of Columbia. the Court
OF Appeals, in an opinion written by Mr..
Justice Morris, holds that there was error
in the ruling of the court below in direct
ing a verdict for the defendant. The judg-
ment is therefore reversed and the cause
remanded for further proceedings. Mrs
Roth, who owns house on 9TH street near
the second precinct police station, brought
suit against the District to. recover dam
ages, she claiming that the maintenance of
stable in conjunction with the police sta
ton house constituted nuisance. 1t was
held by the lower court that the stable is
maintained by the police department a dis
unct and separate organization, independ-
are not the acts of officers or agents of the
District.
John G. Slater against ]. Louis Willige;
order of January 25. 1900, directing the APP
pellee to appear to the pending appeal
quashed. with costs and cause remanded
for further proceedings according to law;
opinion by Mr.. Chief Justice Alvey.
Patent Appeals.
Opinions were handed down this after
noon by the Court Of Appeals in patent ap-
peal cases, as follows:
Jackson and others against knapp, de-
cision Of commissioner of patents approved;
opinion by Chief Justice Alvey
jackson and others against Getz and
others; decision Of commissioner of pat
ents affirmed; opinion by Mr.. Chief Justice
Alvey.
In the matter of the application of J.ud-
wig MOnd: decision of commissioner of
patents affirmed; opinion by Mr.. Justice
Morris.
In the matter of the application Of Laura
IL. Beswick; decision of commissioner Of
patents affirmed; opinion by MIR. Justice
Shepard.