The times. [volume] (Washington [D.C.]) 1897-1901, 1901-04-01
In THE DISTRICT COURTS
Hearing of the Reopened Potomac
Flats Cases Postponed.
Appeals of Boyd Wallace, Colored,
Sentenced to Hang, and James
Ianckton, Convicted of Man.
slaughter Trial of &. r. Davis.


Sentenced to Hang. and James
Lanckton, Convicted of Man
slaughter Trial of G. n. Davis
The hearing of the application of Dis
trict Attorney Thomas H. Anderson for
the reopeninG of what are known as the
Potomac Flats cases. which was to have
been commenced before Justice Hagner.
presiding in the District Court, Wednes-
day next has been postponed until April
II. The delav is caused by the Illness of
Justice Hagner who was confined to his
home several days last week. His condi-
tion was such as to make II uncertain II
he would be able to attend to his judicial
duties during the coming week and for
this reason Mr. Anderson asked that the
matter go over until the date named.
The purpose of reopening the cases is
to determine the value of the wharf
property on the District side of the Po-
tomac River. According to the decision
Of the Supreme Court of the United
States the land upon which all the inn
provemcnts along the river front were
made belongs to the Government. The
wharf property. however may be con-
sidered as being in two parts that which
lies over the water and that built upon
the land adjoining.
The proceedings which will follow the
motion of District Attorney Anderson for
the reopening of the case. will ne In the
nature of a rule to show cause issued
against the occupants and those claim
ing ownership of the wharf property re-
quiring them to show why they should
not surrender possession of the proper
ty to the Government
A week or ten days ago. when District
Attorney Anderson decided to file a mo-
don asking for the reopening of the case.
he served a copy OF the following notice
upon those i'll possession of or claiming
ownership in wharf property along the
river front:
BY the terms of section of the act of
Congress, approved March 3, 1899 entitled
An act relative to the control of wharf
property and certain public spaces within
the District OF Columbia, 1t is provided
that the Commissioners of the District
of Columbia shall have the exclusive,
charge and control of all wharf property
belonging to the United States or to the
District of Columbia, within said Dis
trict, including all wharves, piers. bulk
heads, and structures thereon, and water
adjacent thereto within the pier lines. and
under water. and structures thereon ex-
cept as to the wharf property. etc, along
the part Of the Potomac River extend
ing from the north line Of the Arsenal
grounds to the southern curb line of n
Street south, which is placed under the
immediate jurisdiction and control Of the
Chief of Engineers.
other provisions of this act confer
upon said Commissioners and upon said
Chief OF Engineers power and authority
to make all needful rules and regula-
tions for the government ana proper care
of all the property placed in their charge
and under their respective control by the
provisions of section ] of this act and
to make and enforce rules and resula-
tions in regard to building and repairing
the rental thereof, and the rate
OF wharfage
Il am informed by the Commissioners
and by the Chief of Engineers that since
the passage of this act you have made
no arrangement with them IN regard to
the payment of rent for the wharf prop
ertN on the Potomac River which has
been in your possession and occupation.
and as il was obviously the intention of
Congress that such possession and occu-
patton should be upon the basis of a pay
raent Of rental, | now beg leave to notify
YOU that in the proceedings TO De had
under the act approved March =, 1891
entitled An act relative TO the suit in
7tituted for the protection of the inter-
.sts of the United States in the Potomac
River Flats l shall on the 81 day
II April, 1901, at 10 o'clock "A. m, or
as soon thereafter as the same can
be heard, make application TO the
States VS.. NJ. F. Morris and others. in
stituted under the act OF Congress enti-
tied AN act to provide for protecting the
interests Of the United States in the Po-
,omac River flats, approved August S.
1856, and recently remanded by the Su-
preme Court OF the United States TO the
Supreme Court of the District of Column
hla. in order TO carry out said mandate
visions Of an act of Congress approved
March 3, 1899. for rule upon you to show
,ause why your said possession and oc-
,upancy of said wharf property shall not
cease and terminate and the same be !
forthwith surrendered TO the United
States
You are also hereby notified that In
he further proceeding to be had under !
said act approved March 3 1901, | shall
lain on behalf of the United States as an |
iffset to any finding In your favor for the |
value of wharf structures and improve |
nents the reaSonab BILE value Of the use and |
occupation which you have had Of the /
property Of the United States from at |
east the date of the passage OF said act |
u JonBrtSS Improved hdTcD q. lssH until ]
,oUr said possession and occupancy Of |
iaid wharf property shall have been duly /
to the United States
THOMAS II. ANDERSON,
Attorney of the United States in and for |
the District Of Columbia"
Two appeals from the Judgment Of the
'riminal Branch Of the Supreme Court |
# the District will come up for hearing
Turing the current week in the Court of
\ppeals for the District. One Is the an /
zeal OF Boyd Wallace. cu!ored, who iq
inder sentence 10 be hanged AT the Dis
riot Jail for the murder of his half broth
r. Robert Stafford. also colored in Au-
gust last. Wallace was convicted IN
'riminal Court No. and sentenced to be
ianged April T. He took an appeal to
he higher court and IT is expected that
he matter VIII come on for hearing to- |
morrow or Wednesday.
1t Is also expected that the appeal Of |
ameS LancktOn, convicted Of manslaugh- |
CT and sentenced to Imprisonment in th. ;
for a period of eight Years
viii come up for hearing during the lat |
er part OF the week Lanckton was in
icted for the murder of Mrs. Bette /,
Nrenn, whom, it is alleged he, while
runk, beat 70 .d.1th with his fists on The
~ never
e was eL
ounted