Washington District of Columbia
Circuit Court Criminal Cases

Furnished by : John Sharp

Cases before the Circuit Court of the District of Columbia December 1835

This account of the proceeding of the Circuit Court for the District of Columbia reflects the type and variety of cases that came before this court. Here students of American history and family historians can find a considerable amount of information and detail regarding the lives of ordinary people. Court records and newspapers accounts provide the particulars of what the citizens of Washington D.C. considered important. Here we can learn what property was most likely to be taken illegally in the 1830's. In the Circuit Court too we find people charged with attempting to steal horses, cows, bridles and shoes. Some of those before the bar like Anthony Sumners were charged with attempting to steal federal government property and remove it from the Washington Navy Yard, while others such Benjamin Thompson were arraigned for attempting to steal two horse bridles. Prostitution has a long history and the Catherine Hughes case provides and conveys enough information to show the extant of the world's oldest profession within the District. Then as now even government official's conduct was subject to legal inquiry such as the case of Robert Clarke, District Magistrate, on trial for alleged malfeasance in office.         The Circuit Court of the District of Columbia dealt mostly with felonies such as theft, burglary, prostitution, assault and murder and malfeasance in office. Some of those charged with crimes before this court could remain free on bail until their trial. The majority of those arrested probably did not have enough personal funds or enough property to post the requisite bail so many working people would have waited in jail until their trial. Trials in the Circuit Court were before a federal magistrate and guilt or innocence was the question put to a jury. The legal system of this period was inequitable and was heavily weighted in favor of those white males who owned sufficient property to have their names inscribed on Districts voter roles. African Americans and women just by definition were not allowed to vote in the District of Columbia nor could they sit on a jury panel. Property qualifications determined who voted and many white mechanics and laborers lacked sufficient property to be enfranchised or eligible to be impaneled on jury.         Those convicted by the jury would after sentencing be led away to the newly built federal penitentiary for incarceration. The time between a jury verdict and sentence was as in many of these cases a few minutes. Nineteenth century prison sentences by modern standards were harsh although many were simply placed in the county jail others such Andrew Schneven were sentenced to two years for stealing a cow. For more on the District of Columbia Penitentiary see: 1835 Escape from the DC Penitentiary         This account of the Circuit Court was transcribed from The Metropolitan a newspaper was published during the 1820's and 1830's in the District of Columbia and occasionally carried account of the Magistrate Courts and Circuit Court criminal proceedings. The transcription below retains the original spelling, punctuation and construction of the 1835 article. The reporters use of the term "colored" is typical of the ante bellum period, but remained in newspapers and in common usage with in the District of Columbia until at least the 1950's. John G. Sharp                 October 15, 2008

The Metropolitan 10 December 1835 CIRCUIT COURT Saturday, 10th Dec. 1835 DISSGRACEFUL OFFENSE -A case of a very flagrant and enormous, which has excited a great deal of conversation and animadversion in this city, and more especially in the First Ward, came before the Court and Jury this morning.         Catherine Hughes, a white women living in the neighborhood of Mr. Krafts Bakery, on Pennsylvania Avenue was indicted in two counts: the first charging her with keeping a house of ill-fame; the second with enticing a young girl, apprenticed to Mr. Kraft, and only fifteen years of age and aiding in the seduction of the unfortunate girl. The circumstances, as disclosed by the testimony of the girl, Mr. Kraft, and Mr. Tyler and the character of the prisoner's house by L. Ashton, police officer in the 1st Ward were altogether of that disgusting and revolting description, as to forbid a report of them in this journal. It must suffice to say, that the criminality of the prisoner was made out in such a way as to justify the Jury in returning a verdict of Guilty on both counts of the indictment. The prisoner has yet to be sentenced. She appeared at the bar very well dressed, having on her head a straw bonnet and veil. The verdict of the Jury in this case appears to have been very satisfactory to the public, who have long justly incensed at the infamous transactions which was involved in the cases         Annas Grove was indicted and tried for stealing a horse from George Mc Daniel. The Jury found the prisoner not guilty - It was clearly proved that the horse belonged to Mrs. Grove, the prisoner's wife.         Robert Clarke, Esq. Justice of the Peace for Washington county, was indicted for taking insufficient security in tow gambling cases, and thereby letting the defendants escape. The trial in these cases had not finished at the adjournment of the court. Wednesday, December 16         The trial of Robert Clarke, Esq. was continued from yesterday. The evidence by which the charge of malfeasance against this magistrate was supported was that of General Hunter, the marshal and his deputy T. Woodward, Esq. They both proved that they warned the justice of the insufficiency of the bail, which was he proposed to take, and which he persisted in taking in the gambling cases. Mr. Woodward swore that he remonstrated with Mr. Clarke and told him the law required not less then $ 100 security. The marshal swore he told the magistrate, that the course he was going to take in the case a complete mockery of justice. The jury, after hearing this testimony, found the prisoner Guilty.         The case of United States versus William Cowing for perjury moved from Alexandria into this court commenced this day and continued until the adjournment.         The argument on the demurrer to the indictment was conducted by General Jones. Mr. Bradley and Mr. Semmes for the defendant, the District Attorney and Mr. R.S.Coxe will argue on the other side tomorrow. We understand that this is a very interesting case and that if the defendant be put upon his trial the Court is likely to be occupied some time in consideration of it as the witnesses are very numerous.         Anthony Sumners was this day tried for stealing from the Washington Navy Yard, on the 27th of July last sundry copper articles, saws, and augers, the property of the United States, This charge was supported and clearly made out by the testimony of Capt. Dove, John Tucker, Wm. Tucker, Corporal Master, and Mr. Wells, the police officer. The prisoner was found guilty. Capt. Dove gave the prisoner a good character previous to the unfortunate transactions on the 27th July last; and the prisoners Counsel produced and read to the Court and excellent character of the prisoner from Captain Gallagher of the U.S. Navy. Capt. G. states that Anthony Sumners had served under him and Commodore Decatur during the last war- had behaved himself well in the service, and had acted his part like a brave seaman in several engagements with the enemy. In consequence of the testimonials in favor of the prisoner, and the recommendations of the Jury to mercy, a petition to the President of the Untied States, was immediately prepared, to which the Court, District Attorney, and Jury, affixed their names; and before the adjournment of the Court, the prisoner received the benefits of the Executive clemency. He has since been liberated.         We understand the prisoner has a wife and four children dependent on him for support, that he was employed as a striker in the Smiths department, at the Navy Yard, and received only 80 cents a day for his labor- a small sum certainly on which to support a family of six persons. Tuesday, December 15th 1835         The following prisoners were brought into court and sentenced. Mary Hunter (colored women) convicted of receiving stolen goods. To be fined one dollar and imprisoned one month in jail. Charles Curtis, (colored man) convicted of stealing six pieces iron stove. To be fined one dollar, and imprisoned one month in jail. Benjamin Thompson, for stealing two bridles of the value of five dollars. To be imprisoned in the penitentiary for eighteen months. Edward Peters, (Negro) for stealing half a barrel of buckwheat flour from W.W. Cox. To be fined two dollars and imprisoned two months in jail. Andrew Schneven, tried and convicted last Saturday, of the stealing of a cow, of the value of fifteen dollars, the property of Hezekiah Magruder. To be imprisoned in the penitentiary for two years. Elizabeth Curtis (free colored women,) was arraigned and tried for stealing, a pair of shoes from the side door of Robert Brooks of Pennsylvania Avenue. The prisoner defended by Mr. Mofit, who called Mr. J.H. Bradley, who gave the prisoner a good character for herself and attested that when intoxicated she acted like an idiot. Mr. Brooke admitted that the prisoner appeared to be intoxicated when she stole the shoes. The jury found her guilty and the court immediately sentenced her to be imprisoned for one month in jail.         The court was occupied until past 2, o'clock today in hearing the argument of counsel in the case of the United States versus Cowing. Mr. Key and Mr. R.S. Coxe argued with great ability against the demurrer. General Jones closed the argument on the other side in a speech of extraordinary power. The Court did not finally decide; but remarked that as at present advised, they were inclined to sustain the demurrer. The Court directed the discharge of the witnesses until they made a final decision.         The trial of Spauling and Dayer for conspiring to sell a free negro boy, was before the Court when they adjourned. Larkin will be retried for highway robbery

END NOTE Anthony Sumners "What mighty Contests rise from trivial Things" This sad theft of government property led to a whole chain of tragic events. The thing that got things started happened when Commodore Isaac Hull, Commandant of the Navy Yard, issued his order to bar Yard workers from taking their lunch containers onto Washington Navy Yard. Hull's intention was to prevent any repetition of thefts but his action then unwittingly precipitated the workers to walk out on strike. The mechanics and laborers of the Yard had numerous grievances with Isaac Hull since he had taken over in 1829. The workers felt Hull was cutting back on staff, work hours and pay but it was his order to bar them from taking their own lunch buckets into their own shops and workplaces that was seen by the workforce as an attack on their dignity and simply the last straw. This was the first strike in a naval shipyard and would last two weeks. During this time problems were compounded when some of striking Washington Navy Yard mechanics and their apprentices, blamed their plight on blacks and abolitionists and attacked black owned businesses churches and educational institutions. Michael Shiner (1805-1880) who worked at the Yard as a slave in 1835 recorded some of the details of this event and some important information about blacksmith striker Anthony Sumners in his Diary entries for August 1835. His two entries below describe how Michael Shiner viewed Anthony Sumners theft of valuable copper items and tools from the Yard. This transcription from the Diary maintains Michael Shiner's original spelling, grammar and punctuation. page 59    July 28th 1835 the 28 day of July 1835 Tuesday they wher a great excitement prevailed in the washington navy yard a Bout some Compersision [compression] pins that wher forged in the Black Smith Shop they were a great many of them missin and they couldent give no account what became of them and they were orders given for them to keep a look out and to Deteced the person that were caught takein them and they caught the man at Dinner hour and he got outside of the gate before the sargent could catch him. i never shall forget the Sargent of the guard that day were sargent Denison But they were a united States warrent issued for the man and that night they caught the man and Brought him over and put him in Jail at that time they Wher rebuilding the Columbia frigate and the next day after this affair comodore Hull issued a [order] that no Mechanics or labores should not eat there Dinners in anny of those shops in Dinener hour and that time they were ship carpinters here from diferent parts of the country at work on the collumbia [Columbia] frigate and they got insilted at the ordes tha page 65    August 1835 among those posingers whe sailing master Mamaduke Dove of the united States navy after all this mob wher over the Wife of the men that wher coght with the Copper in the washington navy yard she went to the Hon Major geeral andrew Jackson that were president of the united States at that time Crying with Tears in her eyes to the genral asking him Couldnt he Release her Husband from the Jail and he wher in the Jail and hadent had his trial yet and the generals Reply was to the woman to go home my good Womman and make your selve easy your hus band hadnt had his trial yet i have no demands over him yet for he is to be tried by 12 men and if he convicted and found guilty and then he falls in my hands and i will carry in the one door and bring him out the other an the man was wher found guilty and convicted sentence by the Judge and that tru hearted Honoble Major general andrew Jackson complied with his promise that he made to that poor Womman for the man were turned loose and went to his famly

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