The Washington times., 1902-02-17
RETURN ON WRIT OF CBRTIORARI
Petition of Sioux Indians to
Be Disposed Of.
STATUS OF DIVORCE SUITS
Question Of Procedure to BE Com
sidcred-Johr Dinz. the Mnn of
Many Aliases, to Re Tried for
Grand Larceny-CoIe Murder Trial.


to a hearing during the current week. or
in the early part of the coming week.
One of these is the petition of the Rev.
DR.. Gilbert Williams. formerly rector of
Christ Protestant Episcopal Church south
east, in which the court is asked to re-
view the findings of the ecclesiastical
court, which removed him from his rec
torship and expelled him from the church.
End Sought by Writ of Certiornri.
The decision of the ecclesiastical court
was rendered several years ago, and the
matter lay dormant until last fall, when
DR.. Williams applied to the local courts
for a writ Of certiorari to compel the
Right Rev. Henry Y. Satterlee, bishop of
The Protestant Episcopal Diocese OF
Washington, and the other members of
the court to file certified copies of the
proceedings in the Supreme Court of the
District.
The matter was to have come on for
hearing on Friday last, but by agreement
between counsel was postponed 1t is
probable that argument will be heard on
the petition during the current week,
very probably on Friday next.
Indian Claim to BE Heard.
The hearing on the petition of Louis P.
Prineau and a number of Sioux Indians of
the Standing Rock reservation, Utah, to
prevent the Secretary of the Interior and
Commissioner of Indian Affairs from leas-
ing their lands for grazing purposes,
which was set for Friday last, was post
poned until February q.
The Indians claim that the Government
officials are attempting TO lease their lands
under conditions against which they have
protested. They contend that they agreed
that the Government should lease one
half of their land at the rate of 81 per
head for the cattle grazed Instead Of
doing this it is contended that the Gov
ernment has advertised their lands for
lease for grazing purposes at the rate of
81 per acre. Argument will be heard by
Justice Hagner on the questions involved.
Status of Divorce Suits.
It is expected that the question of pro-
cedure in proceedings for divorce pend
ing since December 81 last will come up
for consideration before either Justice
Bradley or Justice Hagner, presiding in
the equity branches of the court.
The status of suits for divorce filed be-
fore the code went into effect on January
] last, in which a separation is asked on
grounds other than infidelity, has been
seriously discussed by members OF the
local bar There is. however. a great di-
versity of opinion among them on the
subject. Since January last no action
has been taken by the court in any of
these cases, except where the way was
perfectly clear.
One of the justices was approached by
an attorney a few days ago on the matter
and he was informed that the status of
the divorce cases now pending viii BE-
settled just as soon as application is mad4
to the court. 1t is expected that some
case will be presented during the week
which will result in a decision covering
the divorce question in all its different
phases
Pleasant News to District Attorney.
The postponement of the Utermehle
will case, while a great disappointment
TO many, was pleasant news to District
Attorney Gould. Because of the delay
IN getting juries in the criminal branches
of the court there were no trials by jury
In those divisions of the court until Feb
ruary last since the beginning Of the
year.
Justice Barnard, who is assigned to
Criminal Court No. and also to the
Probate Court. was to have conducted the
Utermehle case. The pOstponement of
the case leaves the court open for other
business, and it is probable that a great
many Of the criminal cases which are
awaiting disposition will be considered by
him between now and March 10 next, the
date for resuming the hearing in the
Ctermehle case.
Man of Many Aliases to BE Tried.
Jose Diaz. who has Travelled under many
aliases, will be put on trial this morning
in Criminal Court No. / before Justice
Anderson to answer a charge of grand
larceny A requisition has also been re-
ceived by Chief Justice Bingham, of the
Supreme Court OF the District, from the
Governor of New York, asking that Diaz
be released to the authorities of that
State TO answer a similar charge.
Diaz is charged with stealing $75 from
Capt. J. NJ. Hudgins. L. S. ", in Noyem-
Der last. Captain Hudgins was at the
time a guest at the Ebbitt House On the
night OF November II last Diaz also regis
tered there. He paid for his lodging and
breakfast but it is alleged he did not take
the latter before he left the hotel some
time carly on the following morning.
When Captain Hudgins awoke on the
morning OF November IS he missed the
amount named which he had in his pocket
upon retiring to sleep the night before.
When the loss was reported the watch
man at the Ebbitt House remembered
that the night previous he had twice seen
a man in the Railways trying certain
doors He approached the man. who is al
legged to have informed him that he had
missed his room and was lost. The
watchman directed the man to his room.
1t was then discovered that the descrip-
tion OF the man seen in the hallway and
that Of Diaz Tailed. As a result Diaz was
later arrested in Philadelphia and brought
back here 10 answer the charge against
him.
When arrested in Philadelphia a gold
watch was found In Diaz's possession. 1t
proved 10 be a watch lost b. Ex-Governor
Hogg, Of Texas. which it is alleged was
stolen from him while he was stopping
at the Waldorf Astoria Hotel. in New
York. in September last. 1t is for the
theft of this watch that Diaz is wanted
By the New York authorities.
Cole to BE Tried for Murder.
Marcellus Cole, colored, who is charged
with the murder OF Albert Hawkins, also
colored. will be called for trial in Grim
inal Court No. on Wednesday next. The
crime Of which Cole is accused was COM
rnitted at Deanwood Park. August last.
1t is alleged that he and Hawkins quarrel