The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-03-13
LEGAL INREIhHGENeE.


SUPREME COURT OF PENEsYLvANIA-Just
Strong, Read, and Agnew. - Holiagworth's
appeal. Opinion by Read, j. Decree affirmed
SO lar as trustee is called on to transfer to pe5i-
toner 10 her own right, and the .ecord is re-
mitted for tie Orphans Court to proceed in
conformity to the opinion of this Court
Thomas f. Baysrd vs. The Favners and
Mechanics National Bank of Philadelphia. Ger
tEcate irCn Nisi Prius. The case stated sets
forth that Henry d. Gilpin, late of this city, de-
ceased, held in his lifetime $l2 40349 of the i've
per cent. stock of the Commonwealth of Penn
sylvania, created ana issued under and by
virtue OF certain acts of Assembly, for which
stock certificates were auly, issued TO
him by the Farmers and Mechanics Bank
as agents OF the Commonwealth $4036'53 in the
name of Henry d. Cilpin, trustee; S8366'76 in
the name Of Henry d. Gilpin, trustee OF Mary
ID. Gilpin.
Henry D. Gilpin died in or about January,
1860, and about the month of June succeeding
the Court OF Common Pleas of this city APP
pointed Thomas f. Bayard trustee of Mary ID. Gil
pn who gave bona in SO, 600 for the faithful per-
torrance of his duties. The executors OF Henry
d. Gilpn assigned the whole of this Sl2, ,403'49
TO Thomas F. Bayard as trustee of Mary d. Gil
pin, and the bank issued certificates to HIM as
such trustee, and he has ever since received the
interest thereon. Mary D. Gilpin died in April
1854, and since thsn the trustee sold $4,000 oil the
stock and gave letter of attorney duly exc
| cuted, for is transfer. The bank. no Wever,
| refused to permit the transfer to be
made until the terms of the trust were
submitted to their attorney and he should
| be satisfied that the sale was made
| in the execution OF the trust, The trustee
| declined to refer the bank o. their attorney to
] any official record OF any deed of trust, will,
l marriage settlement, or other instrument of
writing, creating the trust for Mary Gilpin or any
| evidence Us to the mode in which the trust was
| originally created, or the terms provisions of
| the same, insisting that he was not bound by
law so to do, and the defendant thsreupon de-
| clined to permit the transfer to be made.
| III the Court shnll ha of ODinOn that unon
| these facts the plaintiff is entitled to recover
damages for the refuSal of the defendants to per-
nit the trarsier 10 be made, then judgment to
| be entered In favor of plaintiff ior $50, TO be
| discharged upon the transfer being allowed by
| defendants; otherwise judgment to be entered
| for defendant Argued by George W. Biddle,
Esq, for plaintiff: E. Spencer Miller, Esq, for
! defendant.
| SUPREME COURT AT NIsI PEIUs - Justice
| hompson.-Richard Mccormick vs.. The Pres-
| dent, Managers, and Company of the Schuylkill
| recover damages for injuries sustained by plain
| tiff through the alleged negligence of lock-
| tender OF the defendants. The plaintiff alleges
taat on approaching the lock; having given the
usual notice of his approach, several OF the
| told TO bic up hio boat.
Owing, however, to the rapid current caused
by the9e wickets improperly being up, he was
| Urable to secure his boat Immediately, and
| while engaged IN Cnde1voring to secure it mis-
| hand was severely injured, so that one of the
| the negligence, and charge that the plaintiff was
| himself guilty of negligence in not having the
proper ropes to snub up his boat. On trial. j..
| Thomas and W. l.. Hirst, E3qs., tor plaintT;
| Tilghman and J. B. Townsend, Esqs., for de-
| iendant
| LOTTERY POLICY Gaze.
Court OF QUARTER SEssIoNs-Judge Ludlow
| Frank j. Monaghan is charged with selling lot
terry policies at No. 523 S. Sixth street, and the
| trial OF hls case was begun yesterday last before
| the adjournment of the Court. officers Smith
| and Burns, OF the Mayors police, testified that
| in September last under instructions from head
| quarters, they repaired to the house in Sikh
| street. just specified, and that one of them,
smith, bought lottery policy of three numbers
for six cents.
THESE numbers were 81. "A, IS, and we're wri
ten i'll figures, on an ordinary slip OF writing
paper, which was likewise stamped with the
name of the vender, and the date of the transac
ton. There was also upon the slip certain alb
brevlatlons IN figures the meaning of VIII ch, eX
cept to the initiated, it would be difficult to
explain. Testimony was offered to show that
fome OF these figures were to the effect that il
the holder of the 'policy" made 'hitn he
would be entitled to receive $4 in return forhis
Investment OF six cents. This paper was put in
evidence.
Judge Parsons, for the prisoner, set UP as q
| Getepse:-Firet. That tire defendant did not sell
q lottery policy, as charged in the indictment;
| second, that he is not the principal, but mere
clerk at salary; and third that the business 0f
| selling lottery policies carried on at No. 523 s.
sixth street is regularly licensed by the United
States, and that for such license, issued TO one
| j. d. Collins, for whom the defendant is acting,
the sum of 500 was paid the Collector Of Inter
nal Revenue.
This license, neatly framed, was produced and
| was in evidence.
Unfortunately for the last ground of defense,
the Internal Revenue law contains proVlso that
nothing therein shall be construed to legalige
any lottery"
In charging the Jury Judge Ludlow read from
the Internal Revenue Law that part which fixes
the tax upon lotteries, but said that it was plain
| to his mind that it was never tine intention OF
| Congress to legalize any business or pursuits
forbidden by State enactmeats. Could Con
greGs say that any man committing felony or
Inis6emesnor in Pennsylvania should not be
convicted and punished for it under local laws
| In this connection the Judge explained very
, concsely and happily the relative powers of the
\ Federal and State Governments, and how
| smoothly thesYstem operated when these powers
| we're properly welded. He closed by charging
yhe Jury as matter OF law that license FROM The
United States sell lottery policies did not legal
re the business in PENNSYLVANIA. Jury out.
Markets by Telegraph.
| NEW YORK, March 1G Gotten is dull at 41c fol
midGluPs. State Flour has declined 10c sales of