Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-06-25
HILL FAILS ON APPEAL
Higher Court Sees No Error
in Proceedings.
OPINION HANDED DOWN
CONDEMNED MAN LIKELY TO Elk
Plate CRIME ON GALLOWS.
District Court Of Appeals Renders De-
cisions in Number Of Cases
Today.
OPINION HANDED DOWN

II x0QAys
The Court of Appeals this afternoon
handed down an opinion, written by Mr.
Chief Justice Alvey, affirming the judy
ment of Criminal Court No. in the case
of Benjamin G. Hill. convicted OF murder.
It is believed that in view Of the opinion of
the Appellate Court nothing is now apt to
interfere unless the President should act,
with the carrying into effect of the sem
tence of the law that Hill be hanged at the
District jail Friday. July "a, next.
The condemned man was convicted of the
murder of his wife, Carrie Theoda Hill, by
shooting her. November last, while she
was in the dining room OF boarding
house. 315 Missouri avenue, which she con-
Quoted Mrs. Hill died November IL.
The appeal was based upon alleged error
in rulings by the lower court. In conc1ud-
ing its opinion the Court Of Appeals says:
upon careful review of the entire rec
ord, we find nothing on which error can be
predicated: and we, therefore. affirm the
judgment"
Reversal Of Order.
In the case of the Secretary of the In
terror and the commissioner Of Indian at
fairs appellants, against the United States,
on the relation of John B. Bigboy. the
Court Of Appeals. in an opinion written by
Mr.. Justice Morris. today reversed the or
der appealed from, and remanded the cause
with directions to discharge the rule to
show cause and to dismiss the petition. The
appeal was from an order OF the District
Supreme Court, whereby the writ of man
damus was directed to be issued to the
Secretary of the Interior and the commits
sioner of Indian affairs to require them to
cause certain moneys to be paid to John B.
Bigboy, one of the Indians Of the Bad River
or La Pointe reservation in the state OF
Wisconsin.
Bigboy sold certain timber off tract OF
land belonging to him. and the Indian agent
deposited the amount received. 81 .144Oo, IN
bank. Out Of 1t the agent, from time to
time paid small sums to BigbOy, but de-
clined, under instructions from the commits
sioner of Indian affairs and the Secretary
Of the Interior, to pay him the residue al
though he has demanded 1t. Thereupon
Bigboy petitioned for writ OF mandaenus
to compel the payment. The District SUI
preme Court held that the Secretary and
the commissioner had no judicial or admin
istrative discretion in the premises, and
directed the issue Of the writ of mandamus.
The Court Of Appeals disposed of the case
under its own facts and circumstances.
with reference to the citizenship OF Big
boy. 1t concluded that there was not pre-.
sented a case of plain ministerial duty. The
case implied, according to the Court OF
Appeals, that the action sought to be con-
trolled is one of administrative propriety.
involving judicial discretion, rather than a
merely ministerial duty.
The Court of Appeals concludes that
there Is not shown plain ministerial
duty to be performed by the respondents
and which they are required by law to per-
form for the relator: that the matter of cit
izenship of the relator has nothing what
ever to do with the case: and that the re-
suit Of the writ Of mandamus here would
be to control the administrative action Of
the huraan Of Indian affairs and the De.
partment of the Interior. which 1t is not
competent for the courts to do
Lower Court Reversed.
In an opinion written by Mr.. Chief Jus
tice Alvey and handed down today in the
Court of Appeals the judgment appealed
from Is reversed and the cause remanded
that another trial may be had in the case Of
Primo Fontana, appellant, against Mrs.
Mary Helen Carroll Robbins. The case
was before the Court Of Appeals on a for
mer appeal taken by the appellant in the
court below. The former appeal was taken
from the ruling Of the court below, direct
ing a verdict for the defendant upon the
evidence produced for the plaintiff and
without hearing evidence for the defendant.
That ruling was reversed by the Court of
Appeals, and the cause remanded for a new
trial.
Upon the second trial, after the evidence
had been given for both plaintiff and des
PENDANT, the case was again taken from the
jury, upon the supposed ground of defect
of evidence to entitle the plaintiff to re-
cover. To the granting of this instruction,
at the instance of the defendant, the plain
tiff excepted. and the exception presented
the principal question for decision On the
appeal, which decision, as stated, was
reversal Of the judgment of the lower court.
The action was one of covenant upon a
contract entered into in 1896 between the
plaintiff, Fortana Of Italy. and the defend
ant then Miss Mary Helen Carroll. now
Mrs. Robbins OF Maryland, for the supply
and erection of certain artistic work in the
interior Of st. Matthew's Church. this city.
Opinion in District Case.
Other opinions handed down this after
noon by the Court of Appeals follow:
Ernest Wilkinson and John w. Frost.
appellant. against the District Of Columbia;
decree affirmed with costs: opinion by Mr..
Justice Morris. The proceeding was one
in equity instituted in the District Supreme
Court to enjoin the collection Of an assess
ment and to decree its cancellation 1t
is explained that intermediate between the
impaneling OF the jury and the rendition
Of the verdict in a street extension case,
the trustees conveyed q certain tract of
land involved, in sixteen separate parcels
to fourteen several different persons, OF whom
the appellants were two It developed that
an assessment by the Jury Of 81, 1877 against
the whole tract for benefits was entered
as q charge upon the whole tract and upon
each andevery part parcel thereof There
upon Wilkinson filed a bill in equity to can
eel the assessment as an illegal charge
against his parcel. and Frost interviewed
with a petition almost identical with the
bill Of complaint. The District of Columbia
demurred and its demurrer was sustained.
the bill and petition were dismissed. and
from the decree of dismissal the complain
ant and interviewer appealed.
Cause Remanded.
William T. Fitzgerald. appellant, against
John M. Wiley; decree overruling demurrer
to cross-bill affirmed with costs and cause
remanded for further proceedings in due
course; opinion by Mr.. Justice Shepard.
The appeal was a special one allowed from