The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1865-07-25
CITY ANDSTATE NEWS.
The Gold md Other Markets. ana
Miscellaneous Matter, % be found On
the Fourth Page.

SUPREME COURT.--In this court yes
terday two important decisions were
rendered. In the appeal cases OF Daniel
Grogan, Mortimer Gibney and Thomas
Boyoe, the three men who were convict
ed of murder and sentenced to be hung
in Wood county, the Judgment of the
Circuit Court was affirmed These cases
came to the Supreme Court on writ OF
error to the Judgment of sentence pro-
nonnced in the Circuit COurt OF Wood
county. 1t appeared from the record that
the Judgment was entered Ola the second
Law of November, 1864, and that the term
Of the court ia Jackson county, which is
in the same iu,,icial circuit, began, by
law. on the first day of November, 1864,
on which day the Wood county court al
iourned. Ii was cOntended by the PLAIN
stiffs in error that it was not proper LOT
tb, c,urt to pass sentence on the second
day of November, because the court was,
in lac, adjourned 10y the beginning OF
he term in Jackson county. These and
other imlnaterial points were applied IN
the case 1t was yesterday held 10y the
Supreme Court that il was competent
for the Circuit Court to pass sentence,
although the DAY for the beginning of
the term in Jackson county was OH the
first of November, rs the court i'll Jack
son county could be legally constituted
if it began before four o'clock OF the
third day after the time fixed by law for
the term To begin, and rs nothing APP
peared i'm the record 10 show that court
could not have reached Jackson county
ON the third day Of November, the Wood
county decision was affirmed, and the
three men are now under sentence of
death Which court will fix the time of
ihe execution is not yet determined.
Ip the appeal case OF lngersoll rs. c.
Buchanan, aud Samuel Irwin, the prohi-
biliom was granted. This case originally
arose III Marshall county, where Bnchan-
au is Surveyor Of Roads. The plaintiff
I'M error. lngersoll resides in Ohio cOun-
ty, and also owns lands i'll Marshall
Buchanan levied IN assessment for road
purposes on the lands owned by lngcr-
soil in Marshall county. By the peculiar
road law of Marshall county the Surveyor
of Roads can bring Snit before Justice
Of the Peace or Courts of the county for
such tax. Buchanan brought suit III
Ohio county, before an Alderman and
obtained Il Judgment for the taxes In
gersoll appealed Ia the County Court, OF
Ohio county, which affirmed said judg-
ment; he then applied to the Ohio coun-
ty Circuit Court for rule against Blu
chanan and the Sheriff of Ohio county,
(who had an execution for the amount OF
the judgmeuD to show cause why writ
of prohibition should not be issued to
prevent the enforcement of the Judgment
On the hearing OF the rule the Circuit
Court dismissed it, and Ingersoll appeal
ed to the Supreme Court to nave inc pro-
ceedings OF the Circuit Court reviewed
1t was yesterday held by the Supreme
Court that the bringing of the suit in the
name of Buchanan was improper. and
that bringing the same before an Alder
man or Justice Of the Peace of Ohio coun'
ty was without authority or warrant OF
law. therefore the Court awarded such
prohibition.
The case Of Andrew Wilson, plaintiff
in error rs John Koehein, on writ OF
error and supercedeas of Ohio county,
was taken up and argued by James s
Wheat, Esq, for the plaintiff in error
and A. b. Caldwell, Esq, for the defen,
dant in error.