The Washington times., 1901-07-29
In THE DISTRICT COURTS.
Decision in the Killigan Case to
Be Rendered Today.
An Interesting Question Involving
the Authority of Police Judges in
Certain Cnses-Justice Bradley to
Give Way to Justice Clabaugh.

-
The petition Of Timothy Killigan for a
writ of habeas corpus to secure his re-
lease from custody will be disposed of
this morning by Justice Bradley. The
question of the legality of Killigans de-
tealion by the police was argued on tues
day last, but, owing to the press of other
business, the court did not~announce a
decision in the matter.
The question presented to the court Is
whether or not the judge presiding in the
District branch of the Police Court has
the authority to try person charged with
assaulting a policeman It is contended
by counsel for Killigan that there is a
vast difference between the offence OF
simple assault and that of ,assaulting an
officer On the other hand it is claimed
bv the Government that the two offences
are merged and that the charge against
the prisoner was properly heard and dis
posed of in the court below.
When the matter was presented to JUS
tice Bradley about ten days ago, he or
dered that KilIigan be released on bail
in the sum of $500 pending the result OF
the hearing. Argument of the question
was heard on Tuesday last by Justice
Bradley, and it was expected that he
would announce his decision on Friday,
but at that time he stated he would de-
fer final action in the matter until today.
Justice Bradley will tomorrow be sue
ceeded by Justice Clabaugh, who VIII for
the next two weeks consider all business
demanding immediate attention in any
branch of the Supreme Court of the DIS
trict. Ii is expected, however, that De
fore Justice Bradley leaves the city he
will announce his opinion in the consoil-
dated cases of James W. Carpenter and
others. James II. Clagett and others, and
w. +. Siddell and otheIE against the An
glo-American Savings and Lean Associa-
tion of New York, in which the com
plainants asked for the appointment of a
receiver for the assets of the defendant
in this Jurisdiction. The matter came up
for consideration on the proposition of
the Empire State Realty Company, OF
New York. made through the receivers OF
the Anglo-American Association, to set
tie the differences by the purchase of the
stock of the association at 50 cents on the
dollar. based on the book cost value OF
/ the stock This proposition, II is stated
has been favored by the Supreme Court
| of the State OF New York. provided that
| CO per cent of the stockholders of the An
glO-American Savings and Loan Associa-
ton endorse 1t. f
1t is estimated that the Anglo-Ameri-
can Association has about sgO.W0 worth
of assets in this jurisdiction. The com
plainants were represented by Ralston Il
Siddons OF this city, and William ii. Rus
sell. of New York, and Charles A. Deshon
and Judge e. z. Coyne, of New York
represented the receivers OF the Anglo
American Savings and Loan Association
appointed by the New York courts. Ar
gument was heard In these cases some
days ago and Justice Bradley took the
matter under advisement.
1t is not expected that the rimor rela-
| tive TO an English claimant for part OF
| the estate of Charles Il. Osborne will
in he get
1 matter So far as the Hocal courts are
l concerned they have no official infor-
nation of the existence of any claimants
for the Osborne estate other than his
| widow, MIS-. Teresa M Osborne, and his
| late partner John Hartnett On the pc
| tition of HartEett on Friday last Justice
| Bradley named Henry w. Sohon as re-
ceiver for the business conducted by Os'
| borne at the corner of G and Seventh
| Streets northwest. Mrs. Osborne mad,
| no objection to the appointment of the
I'receiver and until Mr. Sohon reports tC
| the court IL Is not expected anything
! further will be done in the matter.