Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1845-05-29
LAW ITEMS.

while the bankrupt law being, anu mace an as
sigumeni, sipulang in said assignment that their ac-
commodaiion sfdorsers should be preferred creditors
Messrs. s. & j Leavy & Co of Philadelphia, as non
preferred creditors, filed petition IN the u D District
Of Missouri which they allege that the assignment OF
W. * X fraudulent under the bankrupt act, and
pray that they may be made 'nvountary bankruPts
under The bankrupt law and their assets divided pro reto
among all the creditors The District Court granted the
petition OF Leayy s. Co., and w. * X. declared
,'sinvoluntary bankIupts. After this Messrs w O. n.
fled peun setting forth that they had fully complied
with the orders Of the District Court, and praying TO be
discharged under the bankrupt law, from all their debts
The District Court denied the prayer, the ground oil
their having made the assignment which SET aside
An appeal taken to the Circuit Court, and we learn
from The ST. Louis New Era, that Judge Cairon decided
that although the petitioners forced nio bankruptcy
against their will under the involuntary branch OF the
Bankrupt Act, vet the assignment made by hem was not
such fraud within the meaning and contemplation OF
said bar them from their discharge, and decreed
that the petitioners be discharged Of all their debts, &c,
aud a certificate granted them TO that effect.
VINO Is THE FATHER "A curious
up before Justice MatseIl and Merritt, in New York,
few days since becoming their duty 10 decide IN case
of utilization, who is The parent of certain young gen.
eman about three years Of age that the SAID paieT
nal parent might contribute 60 its support. The parties
in the have figured somewhat in the world, the
mother being The repudated wife Of gentleman occupy
ing considerably elevated position at Washington aud
the mother &c four children born lawful wed lock- the
youngest IA years of age
/ Tie defendant in the is not altogether unknown,
as he is the brother of well known rrey and talented
actress and formerly held Office at Washington, under
the general government
The mother makes affidavit that in the month of June
1912 while under her husbands roof she gave way 10
persuasions and allurements indivi-
dual, and alter presented her husband with Off
spring; discovering the connection. the husband discard
ed wife, closed his doors upon her. and that she
then flew the of her childs father, with whom
she lived for some lime ailer until be abandoned her.
Being unable TO maintain herself and child she prayed
that the father should be held responsible and forced
maintain by the strong Of the law. As part of
the compliments case, letters introduced writ
by the defendant the complainant full IF love and
affection, and poetry, and many illusions TO the 'dear
boy,' for lnsiance-sl extremely glad TO hear
from you and my boy. "To speak of the feeling that
have had since the carried ms YOU when
were at your window, it is beyond my power. thought
| could live. | sometimes think Of instantly return
ng-snd the dear boy, asleep the cradle. When
parted with you before there dear boy-but why
do | speak of such heart-breaking things? We shall,
please Heaven, be very ogetheI forgetting
boy love you dearly, and cannot rest away from
yon and love my boy"
The magistrates after a couple of adjournment, decid
ed that, the statDary provision u such made and
provided renders il impossible for the offspring Of wife
to be Legitimate f her husband is in the State within
twelve months of the chlds brh and accordingly they
could do no otherwise than decide that the defendant
should not contribute to the support Of the boy.
THE Law HoMIcIDE.-"If one threatens force
another TO swallow box OF pills. and proceeds TO carry
his threat by using force deadly weapons and the
party thus assaed kills hm with deadly weapon. this
would be excusable homicide. .
This singular Of facts and decided in
the Supreme Court of Tennessee, Sitting Nashville.
Mr.. Bryan had vowed vengeance against Mr.. Matlock
of political structures OF the latter upon
Gov Jones. He and purchased box pills, and
expressed his discrimination to make him swallow them
TO work the Polk juice out OF him, he said TO one,
to work him out Of Town, he said TO another Mat
lock avoided Bryan but the latter followed him when
the former drew pistol Organ having and the box
of pills his hands,) and shot his assaani, causing
death.
The Court instructed the jury that make
of excusable homicide, must appear that IL took place
prevent the loss of life the inheon Of great bodily
harm upon the party killing, and ,hnt the danger o. s%Gh
injury should be so great as TO show that the party XII
ling under the necessity Of so doing either 10 avoid
losing his life, prevent the inhfcon Of great
bodily harm That If b. had avowed his purpose force
the defendant TO swallow the pills. and intended 10 do
and carrying that purpose by the OF bodi-
" force deadly weapons and the defendant killed him
ling would be excusable" The defendant found
not gritty.
TIE RIGHT OF REsIsrAscE.-The following extract
from the charge delivered by Judge Rogers Of Phadel
charged with the murder of Lewis Greble, during the
Kensingon riots the 9Th Of last May, will be found
interesting in its definition of the right of resistance
such occasions: .
"The second branch olhe defence u.s. that if the
defendant killed Greble acted in concert with those
case of Unsuitable homicide To be sure, the burthen of
proof Of Justification is the party who raises that de-
fence II the people in Kensngton had believe
that they about to be attacked, they were right in
armng themselves and preparing for defence but they
had right anticipate attack, and such antici-
patton without regard whether il we'll or i'll found
ed to assal others II they did So they would be guilty.
not according their apprebensons well or ill
funded. And this is the risk which any man must
run who anticipates attack BY assaing others In de-
fence OF life and property resistance may be lawfully
made and the of the resistance Is limited only
by The necessity Of the case-even TO The taking OF ie
II large body Of persons armed nnarmed, into
the neighborhood Of the prisoner and commenced vio-
lent attack the houses their inhabitants the Irish
Catholic party had right in self Defence 10 reFel the at
tack, and if in such conflict life lost, the attacking
party is TO blame for it,.
! RAILROAD AccIDESfs-A late accident on the Har-
aem railroad, occaoned injury several persons Will
s of the injured persons sued for damages and the
Jury rendered verdict Of 900 in his favor. The Judge
hls charge the jury laid down the three following
Propositions the law applicable the under
sderallon, viz That the company bound TO have
their and machinery properly constructed and suiIa
Bile the purposes for which they used, and the
materials of which they composed of good quality
Second to employ but digent persons acquainted
with their dutes and capable of performing them; and
thirdly that ought have been adopted az
could be devised prevent the from oyerurning
of accident happening TO any other part Of the
machinery
Such the law laid down by Judge Oakley one Of
the soundest lawyers in the State, from which IL will be
seen that those who engaged in the carrying trade
whether by Railroad, Steamboat, otherwise,
principles the respect 10 ALL bound 10 have
their vehicles compe in all their parts-to employ
but dlgent and skiul persons, and that all precautions
should be taken beforehand guard against accidents
There a dozen other actions pending against the
company, all growing out Of the same cause.
A Suit for Damages tried recently Norristown,
brought by James Jones against the Phadelphis and
Reading Railroad Company, for the recovery OF damages
for the destruction by fire OF the plaintiffs mills, Upper
Merton township, caused by sparks from the locomotive.
The defendants contended that the increased risk Of
nlaintif-s bv