The Pennsylvania evening post — Philadelphia, Pa., 1776-02-24 00:00:00, page 2

PHILADELPHIA, February 24.
On the third instant, the Supreme Court pronounced judg
ment for the plainiff, in an adion of ejectment, long depending,
wherein Robert Taggart, lessee of the Committee of the firft and
third united PreJbyterian churches, in Philadelphia, a corpora
tion, was plaintiff; and Robert Knox, Alexander Alexander,
and others, were defendants. This suit was brought by the
Society to recover their church in Pine-street, which the de
fendants and their associates had forcibly entered, on Sunday
the 26th of September, 1772, in order to introduce Mr.
George Duffield into the pulpit ; a tranfaflion doubtless within
the recollection of the public, and which they have holden ever
since.
In this cause a verdift was found for the plaintiff in the
county court, in March 1772, by a special jury. But the
Council for the defendants, by exceptions then taken, removed
the suit before the Supreme Court for argument on two points.
They excepted to the conduct of the Justices in ordering
them to confefs lease, entry, and affualoufter ; that is to fay, that
the corporation was in possession, and that they had turned
them out. This confeffion the defendants had agreed to make,
as usual, upon firft taking the defence on them. But at the
trial, they asked of the court liberty to confefs actual ouster
only specially, or in case it should be proved ; and yet did not
claim as tenants in common. They talked of referring this
till the course of the trial might dispose them to declare. By
this management, the plaintiff must have been put to the dif
ficulty of proving a fad, which however manifeft, he expell
ing would be confeffed, might not on a sudden be prepared
for. It was irregular and unlawful, and was denied. Hence
the ground of their firft exception.
The second arose from the refufal of the Lower Court to
admit parole evidence (proof not of record, nor under seal) to
explain a patent deed of gift from the Honorable Proprietaries
to the Society, offered under pretence of ambiguity in the
deed, or contrariety from the warrant of survey ; which pre
tended contrariety, they also alledged to be a civil fraud. But
the proofs, they proposed, were merely doings or pretended
doings of the donees ; nothing of the donors ; discoveries of
whose intent could alone be pertinent to the issue. The
Judges, on infpeaing the patent and warrant, found them
very consonant, and free of ambiguity. They were of opinion
that the county court had proceeded according to law.
From this judgment the defendants made their appeal to
his Majesty in Council, and gave bail for the prosecution there
of. This appeal is necessarily confined to the points of law
which Ulf fitted above.
N E W-Y O R X, February i,.
Wednesday last his Excellency our Governor was pleased to
appoint Whitehead Hicks, Esq; one of the Judges of the
Supreme Court of this province.
Mr. Hicks having at the fame time surrendered the office
of Mayor of this city, his Excellency was pleased to appoint
David Matthews, Esq; to that office; and lad Friday they
were both qualified to aft in their respective Rations.
His Majesty's (hip the Phoenix, of forty guns, Captain
Parker, failed for Sandy-Hook last Saturday morning ; and
about two o'clock the fame day Capt. Vandeput, in the Asia,
of sixty-sour guns, got under fail, in company with the (hip
Dutchefs of Gordon, a ship loaded with fall, and two sloops
(the three latter lately seized by the men of war) but it be
ing half flood, the Asia got aground off Whitehall, and did
not float, till near high water. She now lies in our bay, with
the Dutchefs and her prizes.
96
For the PENNSYLVANIA EVENING POST.
q^HE following rules for establishing a SOCIETY for
I RELIEVING the DISTRESSES of PRISONERS were
entered into by many of the inhabitants; and, in confer
quence of the second refblve, a set of Managers have been
chosen, who have already begun the pleating talk of hand
ing forth the donations which have been liberally made to
this infant society, and it is with additional pleasure they find
a ready countenance from the magistrates.
The miserable situation of numbers confined in jail (parti
cularly during the inclemency of the winter) hath often filled
the humane breast with tender commiseration of their fuffer
ings, and anxious wishes for some general plan of relief, which
should be adequate to their necessities. To find many, whose
labour might be ufeful to the public, languishing out their
days in a prison, when the payment of their fees would have
set them at liberty long ago, must ftrengly urge the feeling
mind to solicit their enlargement.
But a considerable sum being necessary for this desirable
purpose, it was thought advifeable to begin an institution on
a lower scale, and content ourselves for the present with re
lieving the most present wants of our miserable fellow creatures
in the newjail, who are there deprived of many of those
comfortable supplies they had an opportunity of obtaining in
their former central situation. Who can visit that house of
variegated misery, and not wish to clothe the naked shivering
wretches !—To kindle a fire on the cheerless hearth, and spread
warmth and gladness through the damp and melancholy apart
ments ! Who can turn from meagre want, and not supply mere
hunger's cravings—or bear the fight of pining sickness on the
sordid floor, and not relieve her misery ! The charitable and
humane will rejoice in the opportunity.
It is with great fatisfa&ion the managers find the present
plan meets with the approbation of so refpe&able a number
of their fellow citizens, who have long wished to fee an in
stitution of this kind. Such persons who are desirous of con
tributing their mite to the relief of misery, may, through
this channel, employ it to the greatest advantage. The Ma
nagers will, from visiting the prisoners, be competent judges
of their real wants; and as Trustees of the public donations
can from time to time furnilh the necessary relief, whereby the
supplies will be so equally administered as to avoid the in
convenience of want on the one hand, or fuperfiuity on the
other; an inconvenience which frequently happens from the
promifeuous supplies of charitable persons, occasioning too often
a FEAST and a FAST.
Subferiptions or donations of smaller sums will be thank
fully received by the Treasurer, or any of the Managers.
Joseph Allen, Christopher Marshall, Issac
Howell, Christopher Ludwick, Richard Wells,
Benjamin Shoemaker, Joseph Paschall, Benjamin
Marshall, Joseph S tansbury, Benjamin Poulteny,
Robert S. Jones, Samuel Sansom, Managers.
Thomas Moore, Treasurer.
The RULES are as follow :
I. In order to begin a stock, we will immediately pay into
the hands of * * * * the sum of ten Shillings, to be held by
them until a Treasurer shall be appointed agreeable to next
resolve.
IL When the number of subscribers shall amount to forty,
we will meet together and choose by ballot twelve Managers
and a Treasurer, which said Managers shall make inquiry into
the particular cases of actual fufferers, and afford such relief
in food, physic, firing or raiment as the stock will admit of,
and they fhalljudge expedient.