Year: 1870

Important Judicial DccisOns-Richts Of Alb
sent Rebel Parties 10 suits Sustained.


In the Supreme Court OF the District to-day, sitting
| IN General Term, Judge Macarthur delivered the
opinion of the Court in the case of Dun and Bena-
| MN Green w. Columbus Alexander, involving the


validity OF the purchase Of the Old Capitol property
| used during the war and known az the Old Capitol
| Prison. The suit was entered some time since To
| set aside the sale made to Mr. Alexander who has


converted the building into residences ana to per-
nit the plaintiff to redeem the property. which was
| sold under deed of trust while the govern
ment held the building in possession. The Court
directed that The sale be set aside and
the PLAINTIFF allowed to redeem, and that an account
OF debt, improvements, &C., be taken. The Court


held that at the time OF the sale the property
held and used as military prison and guarded NY
soldiers free ingress and cgress being prohibited
| such sale could not be an open sale as required by
law and on this ground alone the Court would have


been compelled to set the rule aside but there was


another ground-Congress, the Executive and the
Supreme Court, all have held that tho war
OF the rebellion a public Such
wars suspended the ordinary relations between


debtor and creditor, and In the recent OF Dean
vs. Wilson the Supreme Court Of the United States
decided that the sale under mortgage of the estate


OF person who absent within the lines or the


nsurgent States did not extinguish right to


deem. For these the Court directed the sale


to be set aside. Judge Wyiie announced that, while


he concurred with the Judgment OF the Court he did
so for the grounds first mentioned by the opinlop
and not for the second reason assigned. At


the same session Of tho court the case OF Camp
bell vs.. Popular Life Insurance Company was also
decided. In this the plaintiff the bencG-
ciary OF the policy OF insurance, provision OF


which forfeited the premium II the party insured
died by reason Of intemperance, ana submit ed the


question OF the cause Of death to be peremptorily
decided by the surgeon in chef OF the company.


Evidence OF the decision OF the chief surgeon was,


on the trial below, excluded by Chief Justice


Carter, on the ground that the clause or the


tract which submitted the cause of death to the
judgment of an agent OF OF the parties to the


contract was void for reasons Of public policy


Judge Wylie pronounced the opinion OF the Court
reversing the decision of the Chief Justice. He said
that as party to suit he could himself submit the


to the arbitration of agent OF OF the par


ties, and II he could submit 1t at time lie could
| contract to submit it at another.


The White House Besieged by Eenians.
| Some people are curious to know what Ben Butler


and the Fenians figuring for, IN consequence of
| prOtracted Interview which some or the leading
| chiefs, led on by the begerent Ben, had with the
President this morning. Several prominent Fenians
have been here for some days waiting for favora
BILE opportunity to besiege the White House, and
meanwhile they have been in consultation with
certain republican politicians, including Senator
Cameron, Zach. Chandler and especially Ben
Butler, who seems to have assumed the role of a
new Fenan leader. This morning he headed de-
putation, consisting of J. w. Fitzgerald OF Gin


cinnati, ex-mcmber of the Ohio Legislature and
President OF the Cincinnati Common Council;
A. l.. Morrison, member elect OF the Illinois
Legislature from ChcagO John +. Scanan,
of Chicago and Captain NJ. Boand, OF Louisville,
who are leading members OF the new Fenian or
ganiZation, known the United Irishmen, and who
proceeded to the White House, where Ben Butler
introduced them to the President. The cordiality


with which Grant greeted Butler particularly
noticed, lnclinng the Fenians to the opinion that


having Butler their side they would also nave the


President. They disposed to regard the object OF
their visit a secret Fitzgerald the President
OF the United rishmen's organization which, IL is
said has 10000 members They are strong


proectionsts, ana the tariff was one OF the subjects
talked about The Alabama claims and the fishery


question also touched upon-whch might have
been expected from deputation composed OF


Butler and his Fenian friends. Growing out OF this


interview there Is a rumor among the rishmen that


Secretary Fish is to retire from the Cabinet very


soon. and that he is TO be succeeded by Ben Butler.


This idea delights the Fenans who also pleased


at the prospect Of General Schenck going as MIN.


lister TO England 1t is whispered that more Wig


orous foreign policy especially with reference to


England, may be Instituted. for the purpose OF


attracting the Irish vote to the republican side In


the next Presidential election.


The Defalcation at Fortress Monroe.


The Investigations in the Engineer department at


Fortress Monroe have resulted In some strange dis


closures which would have been made months ago


had 1t not been that the faherinlaw OF the defaulter


is prominent general. 1t is even whispered that


tbto fafb 1au 1uiu ukad fha frau1 mi ant


iiccs; but this part Of the story is probably


false. The guilty party has regarded as a


'.g0od fellow among certain class, not for his


virtues, but for the government property that could


be got out or him. He came near detection some


months ago, when he was accused to his face by


negro laborer OF robbing the government but some-


how the charge was speedily hushed up. Now the


whole story OF his defalcation is known to the an


thorities and the original papers proving his guiit


are IN the hands OF the Colonel at the head OF the


department The confederates or recipients OF the


stolen goods are to be treated with great severity


only few have been caught as yet. one or them


a storexeeper is said TO have received several hun.


dred dollars. Another, surgeon in the army at


present In California is charged with receiving


goods 10 the amount OF seventy-fve dollars, and


there are others implicated whose names nave noe


yet transpred.


1t seems that the principal in tins case has made


it his business TO deiraud the government at every


opportunity He and his principal confederate have
kept government laborers as private servants for


months at a time. About six months ago letter
was sent to the head Quartermaster exposing the
whole swinde and duplicating these men by name.


They were notified of the charge, which they imme-


diatcly denied and pre- ended to make great eXer-


tions TO obtain the name OF the writer OF the letter.
They accordingly addressed letter to him and


placed 1t in the Post once, but efecually prevented
Its taking by spreading abroad statement that IL
MAS mtended a catch to get the owner in troube.