The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-03-23
LEGAL INTELLIGENCE,


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suPRLHR CoURr AT N1s1 PRIus - Justice
Tbompton.-The President, Managers, and Com
pany Of the Frankford and Bristol Turnpike
company vs. The Philadelphia and Trenton
Railroad Company. An action to recover dam
ages Tor the destruction of a bridge OF plaintiffs
over the Neshamony creek by fire occasioned by
sparks escaping from locomotive of defendants,
It beng alleged that the locomotive was not
provided with proper spark-arrester. Before
reported. Verdict for defendants. -
Timothy UConnor and Catharlne OConnOT,
his wife, Vs. Timothy Conchllr. An action TO
recover damages for an alleged malicious prose-
cubon of Mrs. UConnor on charge of larceny,
on the trial OF which she was acquitted On
trial.
HOMICIDE oAsEs-ABRAMs' CASE.
Court OF OYER AND TERMINER AND QUARTER
SEssIoNs-Judges Ludlow and Perce.-The Com
monwealth VS.. Morris Abrams. Indictment tor
the murder of Joseph ii. Cox, master of the
British brig IheodoTUs, on thC 9th OF February
last.
The testimony for the Commonwealth was
heard yesterday alter our report closed. Seve
raj witnesses we're examined as to the facts at
tending the killing. The evidence developed
thar the prisoner and two other seamen on
board the vessel named on her voyage from st
Johns, n. B., 70 this port, let her Immediately
upon her arrival, and taking with them tnelr
luggage, took lodgings at sailors boarding
house, where they remained unmolested for
that time they were arrested upon a
warrant issued by Alderman Dougherty
at the instance OF the British Consul, before
whom Captain Cox had made complaint that the
men we're deserters from the vessel, and after an
examination into the case the Alderman commit
ted them to the County Prison 10 await the sail
ing OF the vessel. They thus remained In con-
fnemCnt three or four days, when the 1he0dO11Ls
being ready to proceed TO sea, her destination
being Gibraltar, the men were brought down in
charge of three onstables-Crawiord, ODon-
nell, and Nolen-and placed on board. The men
particularly Abrams the prisoner) complained
that they had only shipped for voyage from
St. Johns to Philadelphia, and that they
had not bound themselves for voyage to
the Mediterranean. They also said the brig
had been waterlogged on her voyage TO this
port and was unseaworthy They therefore
objected to being placed on ooard, and to going
TO duty when on board, without first being
taken to the British Consul to whom they
wished their case submitted. When on the 9th of
February the captain came ON BOARD the vessel
Abrams demanded OF him 10 be taken up
to the Consul's; the captain refused, saying
that the vessel was going TO sea- that they,
Abrams and his comrade-, must turn to
and do duty; they could see the British
Consul when they reached Gibraltar. Abrams
refused to do duty and the caDtaln threatened to
put him in irons. He approached Abrams,
leaving the poop deck where he had been stand
ing and going down to the main deck. Where
upon Abrams drew knife and struck at the
captains face, making slight cut. The captain
turned and fled to the poop.deck, pursued by the
prisoner, who plunged the knile into his side up
to the handle. One OF the mates took hold of
the vessel.
Constable Crawford testified that, on the way
down rom prison, the defendant said he would
put bullet through the captain; also, that the
captain had had his day, now he (Abrams)
would have his.
Alderman Dougherty testified that he issued
the warrant for the arrest these men at the
instance OF the British Consul. and had COM
mitted them to prison as deserters from the ship.
Counsel for the prisoner argued that the
issuing of the warrant by the Alderman, and
their commitment by bin, was illegal, the
authority Tor such action not being conferred in
such cases upon magistrates by the act of Con-
.ress. His power eXtended'at most to the bind
ing of the men over for hearing before United
States Court, not to finally commit them
The point was not pressed, bat may be raised
at a future stage OF the case
The defense was opened this morning, and is
to the effect that Abrams, feeling himself deeply
wroneed by the arbitrary conduct of the de-
ceased, who was about iorcibly, so to speak, to
carry him on a long voyage which he
had not contracted to make, aud who
persistently refused to give him an op-
portunity to have his wrongs redressed
by a hearing before che Consul, back
ing his refusal with threat to put him in irons,
which threat the prisoner tho ght he was about
to carry into execution, was led IN moment OF
passion TO use a deadly weapon, which resulted
in he taking OF the life OF tue captain.
The case will be concluded today.