Mayor's Court, yesterday.
--
Thomas McCook was arraigned on the charge of threatening personal violence to
Mr.Schad and
Mrs. John Schad.
The witnesses testified that
McCook had used much abusive language to them, declaring he would cut their throats, blow out their brains, and otherwise go into the ‘"internal improvement"’ business, with them as his subjects.
The accused was required to give security in $150 for his good behavior, in default of which he was sent to jail.
The case of the
City of Richmond vs. Hottis, for creating a nuisance, came up. His Honor had had it under consideration for some days past, and announced his decision yesterday.
He said that the decision of the Supreme Court of Appeals, in the case of
Warwick us. Mayo,
Mayor, reported in XV.
Grattan, (p. 528,
et seq.,) would govern his decision in this case.
In that case the court held that if a claim to the freehold is
bona fide made, the jurisdiction of the
Mayor or Justice is ousted; that he cannot inquire into the validity of the claim, and that he has no power in such a case to proceed to a summary conviction; and that this principle applies as well to the case where an incorporeal hereditament or real franchise is claimed as to controversy touching the freehold itself.
We have paid but little attention to this nuisance case since it has been before His Honor, but we think that Hottis claims an incorporeal hereditament in the shape of the right to use a culvert running through the lot of his next neighbor,
Mr. Boyd; but the latter claims to be the owner in absolute fee-simple of the lot, and the consequent right to the sole use of the culvert in question, and, so claiming, cut off all connection between the culvert on this lot and the culvert of Hottis leading into it. This outlet for filth, &c., from Hottis's lot being thus stopped, a nuisance was created, and complaint of its existence was made to the
Mayor.
His Honor desired to fine the guilty party, and investigated the facts to ascertain whether Hottis or
Boyd was the one; and the result of his labors is the decision herein before indicated — namely, that the claims set up by the respective parties are made
bona fide, and consequently his jurisdiction is ousted.
Wherefore, he dismissed the case.
John T. Webb, for threatening to shoot certain persons, and for being drunk, was committed --to the chain-gang, we suspect.
Conrad Miller, for attempting to enter unlawfully the house of
Mr. Barry, and throwing stones thereat, was required to give surety in $200 for his good behavior; but $200 with him is the same as a million, and therefore he was committed — also to the chain-gang, we guess.
Lewis Smith, for being drunk and lying on a sidewalk, was required to furnish surety in $150 for his good behavior; which we believe he did.
John Shields, alias
Sullivan, for assaulting
James Taylor in the street, was pronounced to be a fit subject for the chain-gang.
We think the
General Hospital will soon be cleaned up.
Patrick Roach was sent to jail for being drunk and interfering with the watchmen in the discharge of their duties.
Charles Pendergrass,
alias Williams, a deserter from the ‘"Tiger Rifles,"’ of New Orleans, and whose reputation with the police is about as bad as a man's could easily be, was sent on for trial in the Hustings Court on the charge of stealing a twenty dollar note from
G. J. Rouse, carrying concealed weapons, and assaulting, with intent to kill, some person unknown, and also required to give bail for his good behavior.
He went, to jail, therefore, for more than one reason.
The case of
Turner, a slave of
Wadsworth,
Turner &Co., for having in his possession a bag of sugar and a roll of cotton cloth, without being able to account satisfactorily for having them, was continued to this morning.
So was the case of Frank, a slave of
James Gunn, charged with going at large.
George, a slave of
John Freeland, was ordered fifteen lashes, for going out at night without a pass.
Anderson, a runaway slave, belonging to
James Jones, of
Petersburg, was ordered to receive twenty lashes, and to be kept in jail until legally taken out.
S. O. Crewer,
non compris mentis, will be before his Honor this morning, not being in such a condition yesterday as inclined the
Mayor to take up his case then.
R. W. Oliver's back driver, for refusing, when not engaged otherwise, to carry a person demanding his services, was ordered to be whipped.
Isaac Travis, a free negro, and Aurelins, a slave, were ordered be to whipped for fighting,
Mary Hopkins was fined one dollar for creating a nuisance.
Opie Staite was sent on to the Hustings Court charged with forging certificates of allowance out of the public treasury in the name of
James D. Johnson.
