Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-01-02

member Of the District Supreme Court
by Wendell p. Stafford OF Vermont.
James 8. Easily Smith, pardon attorney
OF the Department Of Justice and Peyton
Gordon, assistant United States attorney
for the District OF Columbia. by mutual
agreement, exchanged places tho LIST of
September.
The year 1904 was Of exceptional interest
SO far as the consideration OF important
cases by the local courts was concerned
OF national scope was the trial of August
w. Machen, George E. Lorenz, Martha J.
Lorenz, Diller b. Croft and Samuel A.
Gron for conspiring to defraud the United
states. as an outcome Of the Post Office
Department famous investigation. This
was the first Of the Post ONCE Department
cases" to be tried in this Jurisdiction. 1t
began In January and continued for more
than month. By direction Of Justice
Pritchard. who presided. Mrs. Lorenz was
acquitted. but the jury rendered a verdict
Of guilty against Machen. George E. Lo-
REM and the Groff brothers Each of the
! four was sentenced to penitentiary i'm
prisonment for two years and to pay a
fine of $4,000. An appeal to the Court of
Appeals was noted and prosecuted The ap-
pellate court only a few weeks ago affirmed
the judgment of the trial court. The next
move In behalf of the convicted men will
be the filing Of a petition in the Supreme
Court of the United States for the writ OF
certiorari In an effort to have the highest
tribunal In the land review and pass upon
The only other Post ONCE Department
case tried last year was that in which
former Postmaster General James N. Ty-
ner and his nephew. by marriage Harrison
]. Barrett, figured as defendants The
hearing resulted in acquittal for both de-
PENDANTS.
A case Of great local interest called for
trial was that of James NJ. A. Watson the
former District building employee, accused
Of emdbezzling about $4,000 Of funds in
the keeping OF the auditor of the District
OF Columbia. The trial was started April
IL. but was interrupted and indefinitely
postponed two days later because of con-
duct on the part of one OF the Jurors that
resulted In the individual being sent to
again called for trial the 10th of December.
When a jury had been secured a recess
until the end OF the Christmas holidays was
taken. The hearing will proceed tomor-
row.
A suit was filed in the District Supreme
Court by citizen of state In the middle
west attacking the constitutionality of the
Spooner Panama canal act. The case has
not been decided
Rebecca ]. Taylor, who sued for the writ
ct mandamus to compel the Secretary OF
war TO restore her to a position in the
war department from which she had
Deen removed for publishing criticisms of
the administrations Philippine policy. lost
her case In the Court of Appeals.
The action Of the District Supreme Court
IL deciding against Charles A. De Arnaud
IN his suit against Gen. F. c. Ainsworth to
recover damages to large amount for al
leged libel, in connection with a report on
De Arnauds civil war record. was also sus-
tafned by the Court Of Appeals.
Oscar j. Ricketts, of the government
printing office brought suit-at-iaw hero
against the New York Sun to recover
damages for alleged libel.
Social and legal circles were stirred by
the filing Of a suit in equity by Mrs Ander-
son. wife of Capt. Edward Anderson. 7th
/ Cavalry. U. s. A.. now stationed at Fort
Myer. Va, against her father. Mr.. F. p B.
Sands Of the local bar, asking among other
things. that he be removed as trustee o..
her mothers valuable estate and required
to render an accounting. Mr.. Sands hled
an answer denying his daughters allega-
lions.
Members Of the bar In particular paid
close attention to the cases of Henry NJ
Elliott and John A. Moss. the latter colored,
both attorneys-at-law. who were adJudged
by one OF the justices of the District Su
| preme Court to be In contempt-Elliott for
refusing to answer a question when called
as witness In a contested will case and
Moss for making an alleged improper re-
mark to jury impaneled In murder
| case. The cases Of both men were taken
to the Court Of Appeals. which ruled In
their favor.
Court decided that only those persons sum-
moned to court for jury service who were
! actually impaneled should receive Jury pay.
Register Of Wills Tanner drafted bill
X
1t will be introduced in the Senate early
this month
John W. Burley. colored, was convicted of
rape, the jury fixing as the penalty death
by hanging. This was the first instance Of
capital punishment being imposed In the
District of Columbia for the crime mention
ed. Burnley was duly executed.
William Jenkins tried for the murder In
June, Of James M. Hopper. was convicted.
November 49, of granddaughter.
! Andrew Weldon arrested for the mys-
FERROUS murder Of his mother-in-law, Mrs.
Rachel Ann Beall. was tried. The verdict,
rendered July 1. was mot guilty"
Augustus L. Shaffer, who killed his d.
vorced wife by cutting her throat one SUM-
day evening while on the sidewalk OF 4th
street near Massachusetts, avenue, was con-
victed Of murder In the trst degree. The
Court of Appeals affirmed that Judgment
and steps are being taken to carry the case
to the Supreme Court of the United States
Shaffer is under sentence to be hanged
February 10 next
Henry HUH, who ended the life of Agnes
Levy by cutting her throat with a razor
was convicted November 80 of murder in
the second degree and sentenced to impris-
onment for life.
William w. Hamilton. colored, was con-
victed December % of murder in the first
degree for causing the death of Lizzie Ly-
man.