The Ebensburg Alleghanian. [volume] (Ebensburg, Pa.) 1865-1871, 1866-04-12
THE ASSIGNMENT OF ERRORS.


must stand affirmed.
THE ASSIGNMENT OF ERRORS
Following is the. assignment of errors
submitted By the counsel for plaintiffs in
error:
1st. The Court erred in overruling the
prisoners objection to the competency of
John Buck, who had been sworn as a Juror
in this cause, and in allowing him to be
sworn as witness for the Cot1n1onwe alth.
I'd. The court erred in overruling the pris-
oners' objections, and allowing J ohm Buck, a
witness for the Commo onwealth, to testify to
the delivery of prisoner to the warden of
the Western Penitentiary, it being objected
that the fact of said prisoners reception at
the Penitentiary was matter of record and
should be proven by record evidence, and
also that it is not competent to prove the fact
without first proving his conviction and SEN
tence by record evidence.
Sd. The court erred in overriding the
prisoners objections and admitting in evil
dence the record OF the case of the Common
wealth VS.. Philip FClgert, No. 6, December
Term, 1861, Cambria County, it being objec-
ted that it did not appear that this was the
same man testified to by Sheriff Buck, nor
did it appear that said Folgert was ever taken
to the Penitentiary.
4th. The court erred in overruling the
prisoners objection, and allowing David NJ
Kelvy, witness for the Commonwealth, to
testify to the fact that the prisoners were in
the Penitentiary, and when they were dis
! charged, it being objected that tire facts of
fefed to be proven can only be proven by the
records of the institution referred to-
9TH. The court erred iu overruling the
prisoners objections to the competency of
William MCreery, and allowing him to be
sworn as witness for the Comm o n W ealtE
it appearing from his own statement that he
had been twice tried, convicted, seutenced,
and iucarcerated in the Penitentiary for buf-
glary, pardon for the last conviction only
being produced, and no pardon being pro-
duced for the first conviction, though the
witness stated that he had been pardoned.
9th. The court erred in overruling the
prisoners objections, and allowing Mars
Stipolisk, a witness for the Commonwealth,
to testify in chief to the conversations be-
tween herself, her father and family, said
conversations not being in the presence of
the prisoners and occurring before the dis
covery of the murder, it being objected that
she could not legally state what she said when
she came home, and what her family or any
of them said or did.
7th The court erred in overruling the
prisoners objection, and allowing William
M'Creary, witness for the Commonwealth
to testify in chief that he showed Mr.. John
ston and Mr.. Noon how communications be-
| tween adjoining cells in the P.nitentiary
could be made, it being objected that the
witness could not thus corroborate himself
| Sth. The court erred in overIuling the
| prisoners objection, and allowing VIM. NJ
| Creery, a witness for the Commonwealth, on
his direct examination, to answer the ques-
| ton, whether there any promise of q
pardon or any other inducement held out to
! linn to testify in this case?' 1t being ohjec-
| ted tn at such evidence could not be given in
chief-that it ten0s to corroborate the wit
ness when no attempt is made to impeach
| him, and that it compels the witness either
to dscredit himself or commit perjury if such
| promise vas held out or such implied under
| standing existed at the time
9th The court erred in overruling the
prisoners objection to the competency of
George w. Kerby witness, he having
been sworn as a juror in this cause, and al
lowing him to be sworn witness for the
Commonwe! 18th.
prisoners objection, and allowing the letters
of administration on the estate Of Polly Paul,
decd, and the inventory fled by the admin
istrator IN the office of the register, to be read
in evidence to show what personal estate was
left by the said Polly Paul, it being objected
that the record cannot be evidence against
these prisoners for that purpose, because they
could have had no chance to cross-examine
the witnesses who made the inventory.
18th. The court erred in overrulirg The
prisoners motion for a new trial on the ground
of after discovered evidence, verified by affi-
davit, (see reasons for new trial on IT, q
same day when made, and Immediately af- :
reasons were filed, without ALLOWING +; :.
substantiate the facts alleged b. pr@,of u " ~
preparations, contrary to RTE 10. go Uhioh aJ
is as follows /:
"Reasons for new trial which alleee afte,
dlscoVereo eVliencS, or misconduct of a par
", or Tie lEry, or any Other matter Of fact
winch was not brought to view, on the trial
must be verified by affidavit; and ir such case
the motion shall be placed at the head of tht
drgtmeHt list for the merit term but when the
reasons specified are not alleged or not veri-
fed as aforesaid, the motion shall be put upon
the list for the term at which it is made and
then disposed Of"
JUST THINK OF IT "A new invention
for the manufacture of paper socks Is an
nOunced Hhe SOCKS ara nnada of 49,,