Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-01-05
IN COURT OF APPEALS
Opinions Handed Down in Local
Causes.
THE GASSENHEIMER CASE
Lower Court Directed to Grant New
Trial.
NATHANIEL MCKAY WILL CASE
Remanded for Further Proceedings
Judgment Affirmed in Case of Knoll
Versus United States.
NATHANIEL MCKAY WILL CASE


Versus United States
In addition to those mentioned in The
Star yesterday. the Court of Appeals of
the District of Columbia has handed down
opinions in a number of cases. The one of
greatest general interest, perhaps, is that of
Samuel Gassenheimer. appellant, against
the United States, in which the appellate
court reversed the judgment of Criminal
Court No. 1, and remanded the cause for
new trial After two mistrials Mr.. Gassen-
heimer was convicted of having received
tickets embezzled from the Baltimore and
Ohio Railroad Company, knowing them to
have been embezzled. He appealed, and, as
stated. won out in the higher court.
The proceedings in the trial court at
tracted attention principally because they
were accompanied by several sensational
features. Mr.. Gassenheimer for a number
of years had been the proprietor Of the
Hotel Lawrence. His arrest on a criminal
charge was a surprise to his friends.
After the matter was taken into court
there were charges of attempts to corrupt
the jurors, and also the defendant formally
accused the trial judge of bearing prejudice
against him. Furthermore. as an incident
of the case BENJAMIN +. McCaully, promi-
nent in business circles here, was COM
PEELED to serve six months in Jail for alleged
contempt of court.
Attorneys Henry E Davis and Frank J.
Hogan represented Mr.. Gassenheimer.
The Courts Opinion.
The Court of Appeals, in its opinion,
which was written by Mr.. Chief Justice
Shepard, holds that there were several ma
terial errors below shown by the record.
The appellate court takes the view that it
was wrong to admit evidence of the alleged
possession by the defendant of large num-
Der of railroad tickets other than those
mentioned in the indictment, which the
government failed to prove were embezzled;
that 1t was error to allow the jury to con-
slider testimony that the government offered
In an attempt to show that during the first
trial the defendant had endeavored to have
the jury bribed, the evidence falling far
short of proving that Mr. Gassenheimer at
tempted to corruptly reach the jury, and
that it was error to charge the jury that
they might consider whether certain wit
nesses who testified that the reputation of
q detective who appeared on the stand for
the government for truth was bad, were
actuated by motives of personal hostility.
Criminal Court Reversed.
Criminal Court No. 1 was also reversed
by the Court of Appeals In the case of
William Burge, appellant, against the
United States. The opinion was written by
Mr.. Justice McComas. The appeal was
from a Judgment and sentence finding
Burge guilty Of murder in the first degree.
Burge shot and killed his wife, Daisy
Burge, and was sentenced to be hanged
November 10 last. The execution was stay
ed, as the appeal was then pending. The
Judgment was reversed because the trial
given to the jury of an assault by Burge
upon his wife's mother, Mary Jordan, at
her house HOP o street, about half hour
after he had killed his wife at zoos r street.
Mckay Will Case.
Mabel Grace Mckay and Henry F.
Woodland, executrix and executor of the
last will and testament OF Nathaniel Nc
Kay. deceased, appellants. against John c.
Bradley, for the use of the Guarantee Trust
and Safe Deposit Company. a corporation;
order reversed and cause remanded for fur
Their proceedings; opinion by Mr.. Chief JUS
tice Shepard. The action was upon judg
ment for 81, oS5 10 recovered against Nc
Kay in New York. The Court Of Appeals
holds that 1t was error to strike out one Of
the pleas of the defendant.
James 7. Clements, appellant, agt. the
Potomac Electric Power Company; judg
ment reversed and cause remanded, with
direction to set aside the verdict and grant
new trial; opinion by Mr.. Chief Justice
Shepard. The action was for personal In
juries sustained by the appellant The trial
resulted in a verdict and judgment for the
defendant. The judgment was reversed
because of error by the trial Judge.
The Washington, Alexandria and Mount
Vernon Railway Company, appellant.
against Austin Chapman; Judgment affirm
ed, there being no error in the court below
opinion by Mr. Justice Duel The appeal
was from a judgment in action brought
by Chapman for personal injuries received
by him while passenger on a train Of the
appellant railway company.
Knoll Versus United States.
Taylor Knoll, appellant, against the
United States; Judgment affirmed; opinion
by Mr.. Chief Justice Shepard. Knoll was
found guilty of being concerned as an
agent in managing policy lottery and
sentenced to confinement in the penitentiary
for two years. 1t was contended that the
Indictment was had on account of omission
and that II violated the fundamental rules
of criminal pleading in respect of certainty.
The Court of Appeals did not concur in the
contentious.
Elmore Embrew Bernsdorff appellant,
against Lucy Eva Bernsdorff; decree af-
firmed; opinion by Mr.. Chief Justice Shop
ard. The appeal was from decree on a bill
filed by wife against her husband, order
ing the defendant to pay her $25 a month
child.
Wilson Med. Lindsey. appellant against
the Pennsylvania Railroad Company and the
Philadelphia, Baltimore and Washington
Railroad Company; Judgment reversed and
cause remanded for another trial: opinion
by Mr.. Chief Justice Shepard. Lindsey, a
postal clerk; claimed that he was damaged
by contracting pneumonia as result of
having been compelled to ride in unheated
cars in the performance of his duty. The
Court of Appeals holds that the trial court
erred in taking the case from the jury.
Virginia Dangerfield and Johanna DAN
gerfield appellants, against Charles p Will
iams and Joseph N. Young, trustees. and
others; decree affirmed; opinion by Mr.. JUS
tice Duell The appeal was from a decree
which overruled certain exceptions made
the appellants to the report Of the auditor,
and ratified and confirmed 1t.
Remanded to Patent Commissioner.
Henry J. Podesak and Emil Podlesak,
appellants, against Benjamin McInnerney;
ca,,sa raranded m omrnisioner of pateuts