Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-01-01
Public Utilities Case.


The new proceeding begun in the court
which attracted the greatest attention this
year was the application for an injunction
sought by the District of Columbia against
the Washington Utilities Company, a thir-
ty-million-dollar corporation, which is said
to aim at merger of all the public service
corporations of the city. The case 10
pending. IL is expected the companies i'm
terested will question by demurrer tho
right of the municipality to institute such
proceedings.
The United States inaugurated a series
of cases intended to dispose OF questions
as to waterfront rights in the original
city OF Washington which have been
mooted ever since the establishment oe
the federal city. During the year sic
bills In equity have been filed under thA
terms OF an act of Congress approved
April %, 1872. These bills are intended 10
quiet the title of the United States To
lands along the Anacostia river extend.
ing from ID street east to reservation IL.
Under the law governing the proceedings
all questions as to rights of the United
States and individuals within this 'front.'
age Will be determined and the status oe
the title will be definitely fixed so tina Q
the improvement of this portion OF tho
city will not be further impeded by UNI
certaintfeS as to title. In the first Of tho
suits filed-that of the United States agt.
Thomas w. Smith ct al.-demurrers were
filed by considerable number OF the de-
PENDANTS and after hearing were over
ruled by Justice Anderson on all points.
Defendants Number 323.
The number of defendants i'm this case
is probably greater than i'm any other
equity suit ever brought I'm the District Of
Columbia. There are 333 defendants I'm
the case against Smith and others and
1888 in that against Mckee and others.
The land affected by these suits is intend
ed to be used by the United States as
location of the branch railroad track to
the Improvement of the Anacostia river
front, now authorized by Congress.
Among the notable decisions Of the year
was the dismissal by Justice Gould OF a
suit to recover $4,000, alleged to have
been secured by Mrs. Laura r. Cramer.
clerk in the Department of State. from
Fenton j. Hurd, nonagenarian or Green
witch, Conn.,, through alleged spirit let
tiers" from his dead wife. The court FOUND
i'm favor of Mrs. Cramer. An appeal has
been taken.
Hope Diamond" Case.
The controversy over the celebrated
Hope diamond" purchased by Mr.. and
Mrs. Edward b. Mclean from Cartier.
the New York jeweler. was settled out
of court early i'm the year. Mrs. Mclean
now wears the valuable bauble.
The proceeding by which Daniel j.
Sully, the ex-cotton king Of New York.
seeks to recover 81, 10000 damages for Al
legged SANDER from John Hays Hammond
is still pending. A hearing was expected
last month, but the case was not called.
The death Of Stilson Hutchins last April
changed the phase of the controversy
over his estate, valued at $hoOo.Vo.
Three wills were filed. one OF which was
offered for probate. i'm which the widow.
Rose Keeling Hutchins, was given 35 per
cent OF the estate. Walter Stilson Hutch
ms, a son. was also given Is per cent.
another son, Lee Hutchins. ~ per cent
and a granddaughter, Mildred Rogers.
10 per cent. Lee Hutchins has filed
caveat to the will. and the contest awaits
a trial before a jury Mrs. Hutchins
made two fruitless attempts to secure
tate.
Death by Hanging.
In criminal annals 1872 will be known
for the pronouncement by the United
States Supreme Court that death by
hanging is the only penalty prescribed
by local law for the punishment OF per-
sons convicted of murder in the first de-
the courts precluded the trial of murder
cases for, five months. Justices of the
District Supreme Court held different
views on the question of the applicable
ity of the new penal code to the District
of Columbia where it differed from the
law laid down In the District code. The
Court of Appeals held that juries may
not qualify verdicts of guilty. but add
ing the words without capital punish
ment." This view was sustained I'm the
ruling by the highest court in the land.
AS soon as this ruling had been an
District Attorney Wilson called
murder cases for trial in June. and hear
ing of such cases was protracted well
into the month of July. Shortly after
the October term commenced the entire
of the jury I'm Criminal Court
No. l was occupied with homicide cases.
The Milano Case.
The most notable case of the fall was that
of Tony Milano, an Italian shoemaker,
of first degree murder in caus-
ing the death of Harry Smith, twelve
year-old boy, in September, 1911. Milano
was in Jail thirteen months awaiting
trial. The crime was discovered when
firemen responded to an alarm and found
the shop Of Milano, near 4th and III
streets northwest. afire. In the rear room
WAS lOunO the ClldTTtu DouN VI Tie boy.
The body was burned beyond recognition,
but his identity was established by
peculiar pin i'm his collar which his sis
ter and mother knew. 1t was thought
the government would have to rely on
evidence, but when the
trial was called three eyewitnesses OF
an assault on the boy i'm the shop were
produced. Milano was sentenced to
death, but has noted an appeal The
execution is set for January "a, 1913
The past year. like its predecessor, 1911,
saw no executions i'm the District Com
mutations by President Taft and appeals
still i'm progress have prevented the carry
ing out Of the death penalties imposed
in 1872.
Longest Sentences Given.
James III. Smith. alias Kabusta, con.
victed last spring of assaulting Morris
on the. Benning road with a
hatchet. breaking his victims jaw and
severe injury, has the distinc-
ton of being given one of the longest
terms of Imprisonment imposed this year
in the local courts, short OF life sentence.
Smith is serving term of thirty years,
fifteen on a charge of assault with in
ent to kill and fifteen for an attempted
Among those convicted of murder in
the second degree and of manslaughter
The longest term-that of thirty years
In the penitentfary-was imposed on
August Gross Wade Baker ranks next
with a sentence of twenty-seven years.