The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1865-08-02
CITY AND STATEMENTS.
The Gold and Other Markets, and
Miscellaneous Matter, % be found On
the Fourth Page.

SUPREME CoURT.-In this Court yes
terday two important decisions were rem
dered. In the case of Alex. Snider vs.
Alex. Newbraugh, the judgment of the
Monongalia Circuit Conrt was reversed
In this cause Snider brought an action of
assumpsit in the County Court of Mo
nongalia against Newbraugh, claiming
$500 as money loaned to the defendant to
buy sheep with, and 800 as profit in the
result of trading in sheep. On the trial
of the cause the plaintiff introduced the
testimony Of two witnesses to sustain the
issue on his part, who proved that Snider
told him at divers times that he and the
defendant were partners; that he had
given him $500 to buy sheep with, and
that they were to share the profits equal
", and that the interest of the money
was to butt against the defendants Ia
Dor. The defendant entered his demur-
rer on the evidence, and the plaintiff join.
ed in the demur The County Court sus-
tanned the demur, and gave Judgment
thereon for the defendant. The plaintiff
appealed to the Supreme Court 1t was
Yesterday held by the Supreme Court
that the testimony in the cause disclosed
such facts as to warrant the conclusion
that the parties regarded themselves as
n,,l nd m LODI a
transaction; and that therefore the judg-
ment of the County Court sustaining the
demurrer was correct; that the parties
being partners, no action at law could be
maintained by one party against the 9th
er, but the proper remedy was by bill in
equity, therefore the Judgment OF the
Circuit Court overriding the Judgment
of the County Court was reversed and
annulled. J. Marshall Hagaus, of Nor
yantown, was counsel in this cause for
the plaintiffs in error, and p, H. Keck, of
MorgantOwn, for the defendants in error.
In the case of Charles Wells, charged
with murder, who, by counsel, made a
motion for discharge under the writ of
habeas corpus. the three presiding Judges
were all of different opinions The mo
ton for the discharge was made on the
ground that three regular, successive
terms of the Ohio county Circuit Court
had been allowed to pass without giving
the prisoner hearing.
Judge Berkshire was of opinion shat
the CURT could not go Beyond the lie
cords of the Circuit Court, as said records
did not show good reasons for continuing
the suit from term to term, the prisoner
should be discharged. Judge Harrison
was of opinion that the great writ of ha-
beas corpus gave the prisoner his liberty;
aud that the whole case was now before
the Court, and evidence in the cause, be-
yond the records of the lower Courts,
could be heard. Judge Brown was OF
opinion that as the same question had
come ND before the Circuit Court of Ohio
county-a Court having jurisdiction in
the case-and had been decided against
the prisoner, the case should SO. stand,
and be finally tried by the lower Court.
The question now to be decided by the
Court was whether there was just cause
for continuing the trial in the Circuit
Court and keeping the prisoner in con-
6nement. The counsel for the State
claimed that an important witness in the
case was sick and unable to attend Cir
cult Court last winter number OF
witnesses were examined on this point,
and the Court finally dedided that the
prisoner was entitled to discharge. So
Charles Wells is free and at liberty.
As our readers will recollect, Wells
was arrested on the night Of the 4th OF
May, 1863, on a charge of killing Hugh
Clancy, which murder occurred the
same evening. Wells was placed in Jail
aRd there remained without bearing
until the term of the Circuit Court which
was held this Spring At this. term the
counsel for the prisoner made Ii motion
for his discharge on the ground that
three regular, successive terms of the
Circuit Court had been allowed to go by
without giving his cause hearing
This motion was ovetruled and the pris
oner remanded to Jail. The motion for
the discharge of the prisoner for these
reasons was made in the Supreme Court
on Monday, and after mature dehbera-
ton the prisoner was last evening dis
charged.