The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-07-28
BY THE SOUTHERN MAIL
Philadelphia.
Correspondence of the H.r,,d,


a Broker Stabbed 10 the Heart--Ths Murd.r., 49,
man named Noah Lougee. who kept a broksr Off.
in Third street. above Chestnut street. was murdered ,h;
morning about quarter past SIX by man who .p,sr,
his Office it is supposed for the purpose Of robhips him
Mr. Lougee received one two slabs In the side from
dirk Of which entered his heart and produced death
almost Instantly. From the appearance of the wound N
would that the murdered stabbed ross the
counter although he afterwards got the door attract
ed attention by ndescribabe noise, with his hands
tightly pressed against his breast The assassin though
he resorted to the stale custom of being himself the oues
slarmist crying "stop thief" "stop thef!' and Mur
der" was Immediately pursued by number of citizens
who heard the cries, and finally captured after VII
gorous chase in the fourth story of house Front
street near Walnut where he had endeavered to secrset
On being arrested the only reply he made questions
asked OF him, he called liar :" but 1t is
ported that he subsequently, confessed to officer Russell
; maj nc pnrposely excited quarrel with Mr. Lougee,
with the intention OF robbing numbering him. The
% win which he killed his victim found in heap
Oh sano and mortar at the of Third Chestnut
streets where he had thrown it in his flight.
no n murderer nrst stated that his name Smith, but
"a. afterwards denied it, and refused give his real name
because as he said he did wish to disgrace his family
IN ms confessions, he told the police officers that he
courthg young woman, who refused to marry him be-
oau.e he had no money his motive in commit
ns ne mnIaer vas to raise sufficient tc effect this
Alexander. ~ 80 wa 'S .
Mr.. L. was formerly broker Cincinnati, and also
kept an once at Louisville. His Office among others
mobbed during riots at Cncnnsti at ahou;
winch ums ne privately came to this city. and here
ed to have been man industry, and Of considerable
He was as years of age. and has wife and three or
four children, who reside at No 70 SAMSON street Ne
in the habit of opening his office before he took
his breakfast and also kept open the evening This
accounts for his being in the office early an hour A
hat at which the murder was committed and may proba
bly, have been the Of his having selected az
the victim 1t was almost the only place where money
is kept open at that hour.
The alleged murderer is tall stovtwe dressed young
SOutherner, mo
han Twenty-Five years of age After his arrest he made
resistance butquiety accompanied his caors
office ofthe Mayor
The County Court Meeting Yesterday.
pretty much they did the day before only thew were
little more punctua to time. Noah not present
Lynch was and took his before close to the repor
ters table,
Judge ULsHoErrER took the chair
ULsHoEFFER-The motion before the Court is in rela
ton to the recognition of the right the associate Judges
oil the Court of General Sessions sit as Judges Of The
county Court Are the members ready for the question?
Alderman DAWES and read long written opinion
on the subject and again referred to the 10th Wendell and
before; He contended that the same Court which ap
pened District Attornes had power to remove them
Mr.. DAWES was very tedious very feeble, and very
much Like school boy delivering his commencement
The MAYOR replied He referred to page A. VOL of the
Revised Statutes The District Attorney should be ap
pointed by the County Court and not be unless
or sufficient cause and charges preferred The terms
IN subsequent section which says District Attornes
hall be appointed by the County Courts meant this -
Each couny court in thestae shall appoint District At
orney for that county sand to suppose plurality county
IN one county you musialso suppose that there
lao plurality Of district aornies in the county
ne statute and Constitution both recognise only the
county Court then existent and known the Court Of
Common Pleas County Court. If the trainers of the
Constitution intended otherwise they would have said
The Court OF General Sessions County Court" Again
he County Court is Court of Record; has seal and
las clerk to verify its proceedings il be the Court of
Common Pleas or County Court. And when
was IL ever known OF two courts mixing together
W. I'll erEsa two
verify its proceedings The Constituted had reference
state things existing the time Of its formation and
passage II it be true that there two county courts
hen should they act separately and distinctly;
,evsr could BE- allowed that gentlemen like Lynch and
hall be allowed TO in and part in the debera.
ions Of the Court of Common Pleas or County Court
Judge sNGRAHAM also read long written opinion de-
vered from the decisions in the 25th OF Wendell tht the
Common Pleas alone did not constitute the County Court
this county but that the County Court is composed of
he Common Pleas and the Court of General Sessions.
Judge lngraham, we deeply regret to say, spoke In
uch low indistinct and miserable tone voice the
,ePorters could not make out scarcely word he said
added to which there horrible beating under
last said he came to the conclusion that Lynch and Noah
we're not Judges Of his County Court and that there
aied ''''0" u Ne00'00r ama'se ought to be de-
Judge IseL thought the view taken by the Mayor and
Judge ngraham of the decision in 10Th Wendell was
orrect That was the law of the land and we must
ABIDE BY IT, and be governed by the general practice of
he County Court In the last appointment OF Mr. Viii.
ing the two Courts the General Sessions and Common
rleas voted unfortunately and merely matter of
lie CONSIDERED as matters stood
we're Two County Courts though the matter as TO 20
gan TO the Court Of Errors the authority for there being
wo courts would not he very strong Mr.. Whiting was
appointed by separate resolution Of the two Courts II
We consider this meeting infusion OF the two Courts
then as mere matter Of courtesy Judges Lynch and
Noah might be allowed to sit here. But unless we make
some amcable arrangement declaring that we sit here as
matter oil conference then Judges Lynch andNoah have
no right to sit here in ths-whch is the Court of Com
mon Pleas called by the clerk Of that Court and he was
right in not calling the of Lynch and Noah
Recorder TALLMADGE said it could not be possible that
the Constitution any law contemplated the exs
ence Of two Courts III this any country But he be-
eved there was but County Court and that was com
posed OF the Judges Of the Common Pleas and the Judges
Of the General Sessions
Judge ULsHoErrER also read long written opnion
quoting the decisions in the 10th 25h of Wendell He
thought that the Associate Judges of the Sessions were
not Judges OF the County Court general
but that the act of 1910 limited and abridged their power
and that the Legislature had the right to do SCI thew could
only act as Judges OF the County with
the appointment of District Attorney and Clerk When
these matters came before the Court he should vote 10
have the names Of Lynch and Noah on the minutes and
not otherwise and he should vote against their be-
ing considered members of the Court
The vote taken and stood thus -
For entering their the minutes
is <Aioermen. 10
Necoruer. .................
Against It,
Locoioco Aldermen. ............7