The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-10-24
LEGAL INTELLIGENCE.


OOurt OF quarter sessions and (Dvaw a..p
Terminer-Judges ALISON and Peasee-rne
case caued mp this morning was that Of thomas
Nov ey who rs charged with killIng Thomas Judge.
on the 10Th OF August, 1856. An application was
made by his council for q continuance, but the
Court thought there was not sufficient gr0and
therefor, AND 1t was not granted
The case was opened on behalf of the Common
wealth by Thomas Dwight E'q who stated the
facts he expected 10 prove TO the jury
DIR. ShaplelPh, surgeon 10 toe Coroner, swon-l
made post-mortem examination on the body Of
Thomas Judge on the afternoon of September T. at
NO. 2Oob Market street; there was slight wound
beneath the lower rb two inches to the left of the
spine; also another two inches below the loft nipple;
on the lett side, directly under the pi and be-
tween the sixth and seventh nbs there was another
wound the instrument had entered the cavity OF the
chest; the lung was wounded and had collapsed;
the peura, the membrane hnIng the cavity of the
the sack which Contains he iS hear were re 10
state OF Inflammation; the cayi,Y of the chest
on the left sloe was q led with boodY fund. The
deceased came to his death from q h@morrh lge
and Inflammation caused by the last wound; the
Ups OF the wound were in state of ulcera ION.
from any disease of the lungs, to the best of my
knowledge; beyond any doubt he came to his death
from the cause mentioned in the rect ex ann atom
Mrs. Judge sworn.-The deceased was my hus-
tand; he died on the 4th of September last, in my
father house, at No. 2O35 Market street; saw DR..
Shapleigh at my fathers house. and In the room
where my husbands body was my husband was
pretty stout, and OF mIddling SIZE; he brought
10 the house on the 97th of August, on a settee.
Henry Welch sworn-I reside at Thrtv-third aud
Mr. nSs kncw oysS ,bare Mcsey % PS tb ~
September before that time my place of business
was No. 2222 MARI ct street. whore kept tavern;
Saturday, between 10 and III o'clock In the even.
ing; 1t happened about ten days before removed
Of my place, when McVey came along and made use
of some rough words Judge SAID to me, al thought
some very indecent language. Then there were
some words between inem, and finally blowsN don't
on nO The Sidewalk, and both w We're @ down @ When
separated Judge went into my house; went In
with HIM; did not see where Mcvey went; after
menced to call Tor Thomas Judge; did not hear
what he said; knew his voice; tried to keep Judge
keep him in l went into the back room for my hat,
and then went out on the pavement; both we're
down IN the street; tried to get them apart; sue.
ceeded, and carried Judge into the house; could
not say for certain who was on the tops but as near
did not hear them say anything, as my hearing Is
The District Attorney requested the witness to
rub up his memory, which he did, with the follow
/ think heard Judge say Mcvey was biting him,
into the house he was laid a settee. examined
him, and found o cut en- hls lett breast saw
possible When Mcvey called Judge out of my
house there was nothing the matter with him, as
did not see the cuttine, and could not swear who
did III there was crowd OF men there at the time.
illiam Donpagy sworn-i saw both the fights,
but didn't know either of the parties engaged l
saw man who looked like McVey with one side
OF hrs face covered with blood.
DonDagy was the last OF the Commonwealth
At this stage of the proceedings, counsel for the
defense inquired II the Court thought there mad
been evidence sufficient submitted by the Common
wealth to 90 to the jury. There had been without
one saw the defendant inaict it, or even have :
weapon IN his possession. The Court decided Il
have the case proceeded with.
The defense was opened bv John j Ridgway, VIII,
was associated With Mr.. O'Byrne.
Joseph Mcguire sworn-i saw he difhculty; ther
were a Preat many people IN the street at the time
and about these part es while they were Quarell.ng
saw him for some time after the quarrel; Judge wa
lying IN the street, with McVey on top OF him. tn
which was around them, aud tooK hold OF Judge
and s TOOK took hIm away; he tod me not to tea
70 go home; he said he would when he 90
his hat; then went to my own house, few door
above; when.I got there I turned around to see i
the parties had left saw large crowd ut the doo
OF Welchs; 1 saw Judge coming out from th,
crowd on the pavement; there were a dozen or tw,
each other and they both went down. with
around them in circle; had McVey in view al
the tune OF the second suuRgie; I didn't see Inn
ne, that saw; have known him persona " ioI
SIX wears l Know others who know him; hi,
character Is excellent for peace and quietness.
after paiting them, Meyey was looking for his hat
he stood before Wech's door. and said he would
Lot 20 until he got 1t; in the second ght they were
in the gutter when separated; they rolled into IL
part o the time one was on Top and part the other
started to separate them as soon as saw them:
pushed those around away to get at them.
Many W. Illnesses rs 70 character were called and
examined; then the defense closed
Ihe Court then adjourned until O'Clock
District COUrt-Judge Sharswood. - Georee
w. Thompson vs.. ). Atlee White. An action to
recover the difference 10 price at which 400 shares Of
the junction Oil Company was bought Tor defend.
ant, aud the price Il brought when sold at defend
ants risk. On trial.
Court OF Common Pleas-Judpe Ludlow
DTYfoss VS.. Hammerschag. An act on on q book
account for goods sold and delivered jury out /,
Leedom VS.. HIson An action 10 recover for
lumber sold by plaintiff 10 defendant. On trial.