The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-10-29
LEGAL .INTELLreENCE,


80 court OF Oyer and Term,n.- -.
cbarlnaao nno Ludlow.-rho case of FranoS,sa Sagss All
Of Asu WIN sIlllng Charles Steinnetz an -, s,
s1aer 9 was aIragned and pleaded VtrnI9g not Ia
'1T Ti ssaal was proceeded with NV Kui,'y' an'
the stated tsS tss n CpsHi9s re el
O. rst I6' o,1tpa ano o'clock the afternoon ~
ssgs. compsnionps prSSsn. % year the defendant VIII
corner OF cottage street and MoyameESng ans ~ sne
hnown nm as S Aeysone Skating Park WLIIo gbSs
thing knocked h down; both cIi 20 ~ tbn ing some
nnu struggle ensuee When they IL y %
some sSSrp S SSS been stabbed with
BODY on the lett side between the ffh ana s,e sue
hcme wbeie a.fer III inrans sans He was taken 20 his
hr Dwight then gave the jury Inc,S ox sv u'eo.
non aP OF the law in regard 10 homcideS shcwins
what as murder in the second degree ana th ana
,lar elements that tho jury must find IN pcCu- C
DeivIe Verolc OF elther manslaughter or muSass
IN me second degree could be found, the commS00r
Wealin proposing to press for ncthing higher thar
murder IN The second degree. V' 'hAh
Alter this the examination of vitneasefs was h.uu,
=, III. iSnapieigh, the Coroner's physician sworn
Hess he saia "a ne made post mortem examination on the
ey D00y oi Cpar es Stetnmez. ON the 30th OF August
1865, at No. 200 Williamson street There vas -
,rs,nsyerse d, wound half an inch long, two inches
firth and sixth ribs. The edges OF the wound VAR
liberated, showing that IL had been indicted some
dafs before, and halfway between this wound and
the nipple there was a transverse inoised wonnd
two inches long, dividing the skin onIy There va.
mOlQ Q0f
the colar-bone. The first described wouna vas
penetrating one, made by penetrating instru-
en et dS w99 qh entered the cavity the chest the
membrane, lining the cavity of the chest and the
tong cHied the pleura was IN state Of infiamma-
uon. Inc membranes covering the heart were also
nnhsmed The pleural cavity, ON the left side, was
nled with bloody nuid The deceased came 70 his
by he wound, which described az entaI,ns tSs
cavity OF the chest, between the NTH aud sixth rS
size Of the instrument that inflicted the ssS ,SnSh or
MARY Ann Stelnmetz sworn.-I am the mother OF
My son Is dead will be two months the 4th of noxt
month, think. There was an inquest made upon the
body by the Coroner. he sick about twelve days
before he died didn't see anybody bring him 10
the house; he called to me; tried to get over the
fence. h but could not then ran out and said MY
wound just like fountain, and clapped my hand
on The wound to hold 1t together; as got him to the
gentleman by the name of Mr.. Prescott picked hun
up; we then took him into tho house; we laid him
laid there for three days before we moved him ,hen
we took him into the front room and laid him ON the
physician was attending to him 1 saw . wound in
his throat about an inch long, also another between
If knife had been twisted around in t. The blood
was coming out OF the small wound; whether this
wound was the lowest Of the wounds or not cannot
say those were all the wounds saw.
Cro.s.examned-My son was 20 years old; he
had been married only nine weeks, whom his wife
Charles Steinme:z sworn-I am father of the de-
ceased; live at No. 209 williamson street; nay
catch the one who killed my son; my son died on
the S9th OF August AT halt past eight in the morning
Franklin Tyler sw orn-I live at Front and Mt.
fin streets; have known the accused about three
or four months; do not know Stenmetz, eitnor
ey sight M OF or personally; never saw him before the
ner Of Front and Moore streets-Frank james,
George Ii. Fulmer Edward Cox and myself; We
were all treinds together and were in the habit of
being with and seeing each other; on the l6th Of
of August, about o'cook in the evening, We
play bail; when we got over @' there we looked
through the cracks of the fence; don't know the
the ground a ter we looked through the crack OF
the fence we looked around, and Stelnmeta came
him ns snd he9e
mud ,puedle near by and ne knooked him INTO the
caSsb him 2, I Ss got d1wn on him and
to the Court the manner In which II was done); he
pounded him when down; man came NO and
then went and gave himself up to oficer socar re
WI %1en they 9on, were parted stsinmsis was on
them; he led Steinmefz to the house, while on tSs
way; saw blood coming from his side; there was
and struck James; he perfectly well, so far as
know. Stenmeiz came up from Third street; there
had knife in his hands when going to tbs Psss
Wbiteling small sticx; he had it all the way going
up ana \ was IN his his hand when senmez struck
The GROSS examination failed to elicit any addi-
what the previous witness testified to-
Oficer Shear testified that the boy delivered him.
self up TO bim
Mr.. Dwight then addressed fhs Court. sayinx,-
your Honor this case came under my obserya-
ton about week ago. then examined the parents
dence which would materially, II at all alter the
comp exion OF tho case presented to the Coroner
by the evidence which he took. AS the Coroner re-
turned the case ana bound the prisoner over for tr1a
by jury, the Commonwealth was Obliged 20
try thecase. It has accordingly been tried
and under the evidence now presented to the iury
1 feel that those facts have been made out which
lead me to regard the accused having been under
that reasonable apprehension either of great bodily
harm of danger to his life which the law regards
as excusing homicide. With the appreciation of
your honors will therefore submit the bill to tho
jury, and ask them under the evidence to return
verdict of not RuiltY.
His Honor Judge Allison. In addressing the jury,
said-We think the course Of the acting District At
torney In declining to press for conviction in this
case, Is judicious and proper The JuGge then pro-
ceeded to explain TO the jury the law Of homecide
their verdict, under the evidence, should be not
guilty
turned verdict of not guilty.
District C0urt-JudRe Sherwood. William
Shields VS.. George W. Graft. An actien to recover
riyes were not of the kind that defendant ordered,
and some Of them were Of no use to him; that an
agreement was made between the parties that de-
fendant should pay only for such riyets he should
use and that he willing 10 pay that amount aud
return the balance, amounting TO $685. Verdict for
plaintiE S104.
Mathew Bassett VS.. Jacob Fry. Before reported.
Verdict Tor defendant.
T.afaaf MaVIre1a nv TeIeRr0nhs