Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-06-04
N COURT OF APPEALS
Sixteen Opinions Handed Down
by the Tribunal.
LIST OF CAUSES DECIDED
Lower Courts Sustained in Twelve
Cases and Three Negatived.
LACKS JURISDICTION IN ONE
Disposition Of the Case of Paul
Meagher and Kate Maxey.
Sentence Approved.
LIST OF CAUSES DECIDED
LACKS JURISDICTION IN ONE

The District Court Of Appeals today
handed down sixteen opinions twelve of
which sustained the action Of the tribunals
appealed FROM three reverse the orders of
the lower court, and one case Is dismissed
for want Of jurisdiction.
The conviction of Mrs Kate Maxey and
Paul Meagher, indicted Jointly for per-
forming an Illegal operation. causing the
death Of Claudia Parish, was affirmed by
the court in opinion by Chief Justice
Shepard.
The court holds that the evidence given
at the trial clearly establishes the perform
ance of the illegal operation by Mrs. Maxey,
and that there was sufficient evidence to
justify the finding by the jury that a pre-
liminary arrangement for the operatio was
made by Meagher 1t was urged before the
appellant court by counsel for Meagher
that the trial court should have directed
the acquittal of Meager for the reason that
there was no evidence showing any rela-
ton between Meager and his co-defendant,
Maxey. and if any communication passed
1t must have been through Miss Parish, and
accessory under the law. Meagher could not
be held guilty for anything done through
her.
this contention. but decides that the lower
court was right in submitting the question
to the jury.
Mrs. Maxey is under sentence Of ten
years imprisonment, and Meagher OF four
years In the penitentiary.
Jurisdiction Declined.
The appellate court declined to take
jurisdiction of an appeal by the United
States in the case Of Charles A. Evans and
Harry ]. ODonnell, charged with murder
and acquitted in the District Supreme
Court last February. At the trial the
eli
LESSONS made by the accused to police ON
GERS which were rejected by Justice Bar
nard who presided at the trial, and the
government appealed.
The court says that although the code
provides for appeals in criminal cases by
the United States, such appeals Will not
lie when the defendant has been acquitted
as a new trial could not be ordered with
out violating the constitutional provision
against the placing Of a person twice IN
jeopardy.
Treasury Department Upheld.
The action Of the District Supreme Court
in declining to compel the Secretary of the
Treasury to issue a draft in favor of Emily
E. Parish, executrix of the estate Of Jo-
seph w. Parish. for $1S1 ,35S.90 was today
upheld by the Court of Appeals.
The controversy arose over an agreement
made in 1868 by j. w. Parish & Co., by
which they contracted with the United
by the medical department of the army
during that year. deliveries to be made at
Nashville, Cairo, Memphis and st. Louis.
The court also affirmed the judgment of
the District Supreme Court In awarding
judgment for $4,000 against the Columbia
National Bank for the dishonor of checks OF
Harry P. MacKnight.
Damages Awarded.
The appellate court affirmed the judgment
of the trial court in awarding $500 dam
ages to Mrs. Mary A.. Lord against Herbert
c. Emory, an insurance agent, for negli-
gence in failing to obtain vacancy permits
to preserve fire insurance policy on prop
erty near Ardwick; Nd.
Mr.. Emory, according to the testimony,
on account of pressure of business. forgot
to secure the necessary permits January 10
1906, and on the succeeding day fire oc-
Cured. destroying the premises, and the
insurance companies refused to pay the
amount of the policies on the ground that
the latter had expired before the fire be-
cause of failure to obtain vacancy permits
The appellate court declares its inability
to discover any error in the ruling of the
lower court, and orders the judgment to
stand.
Lower Court Reversed.
The court reversed the action of the
lower court in the case of George B. Stark
weather against John T. Dyer and others,
and the proceedings were remanded in Or
der that the bill may be dismissed. The
case involved the affairs of a real estate
syndicate.
The decision of the commissioner of pat
ents was reversed on the appeal of w. A.
Rogers Limited against the International
Silver Company. and his action was af-
firmed in the patent appeals of Mcknight
against Pohle BIumenthal & Bickart
against Bigbie Bros. & Co., Mccormick
against Hallwood and the application of
Thomas H. Williams.
Other cases affirmed were the New York
Continental Jewell Filtration Corporation
against Wynkoop. Storey against Storey.
Hopp against Pickford and MacMulkin
against Bollee.
The court also reversed the judgment
Of the District Supreme Court in the case
of WEIGH against Lynch. which was
suit in ejectment involving the property
on Market space occupied by the Cherry
& Moran Company. The verdict in favor
of the appellee, was directed to be set
aside and a new trial granted. The opin-
ion was rendered by Chief Justice Shep-
ard.