The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-11-09
LEGAL INTELLIGENCE.

Court OF Oyer and Terminer-Judges Ali.
son ana Ludlo w-ln the case OF the Com mo nwealth
tho jury empaueled TO try the issue was Yesterday
discharged on account of the serious illness of one
addressed the Court upon the subject of caihna a
new 2ary to begn anew with the trla as iolows:-
murder. Upon eing aIraigned, he pleaded NOT
guilty to this bill of indictment. An effort was
MADE 70 Try the issue formed between the Common
wealln ana the prisoner, and jury was called and
the issue submitted TO them. Bat instead OF that
issue issue Dehg trled and verdict beng rendered an
ceedings resulted In what IS known in Jaw as a mis-.
trial, IN consequence OF evident necessity
, Inc jury was discharged, and the proceedings
therefore, are nulltY. The issue between the Com.
monWealth and The prisoner remains undetermined.
lsuo nO% ASK taat jury may be called to try the
nam a. Mcguire in this md ctment tor murder to
uy me quit or innocence OF the prisoner IN the
Mr.. Cassdy-The District Attorney proposes IN
S. br4Seed 10 me tIial OF this man upon the bill OF
leave to Fl Q three special pleas N''' 'i0H "SA
a. would say In fling these pleas tha do NOT
uesne 70 pe considered as waiving my right TO move
lor continuance in the event of the Court decding
, district attorney Mann-SIay it please the Court'
in number First uhat ma call frat has no eO
uorsement upon 1t whether 1t ia q plea of former
nta or once IN jeopardy 1t seems to be simply
Iecal OF facts as they have occurred In this case
DO not know whether your HonoIs nave read
ths; t Is simply recital and an abe and
truthful recital, of iwhat has occurred in tins
case, and the recital seems to be in a great
measure from tho record of the case II 10
CITES that the prisoner put upon his trial inrv
CaHeu ana sworn, witnesses examined, and that
upon such day information was conveyed to the
Court That one OF the jurors sick aud the proofs
peIoie the court that the juror sick that in the
1pHi1n o. the Court 1t was absolutely necessary
that the jury should be discharged that an act ~
necessity had arisen, thereupoD the jury was sent
lOr anu Drought into Court, etc,
nave read the demurrer to this plea I'm bar This
ls special plea in bar 1t IS a recital of ali the nr
mlses, and they, by reason of these premIses arc
piec uded: In regard to the short plea once in
jeopardy, reply that am not precuded from trial
ana proceeding upon the Indictment becdnse the said
jury tnat was called and empaneled in the SAID ,se
necessity Now every fact set forth in that n eathe
once IN leopardY-is admitted except this ana an
adduonal fact is stated. that tine iury were dis.
charged tn consequence of an absolute necoss;I,,
ol1stng. This being fact stated In this plea nnt
myself upon the country. The defendant NAV dnnv
tnai iact ne gave to the jury, and join issue
mr. Cassidy-l will join In demurrer in the first
ana JOIN issue as to the other two.
MI imann-I ask the Court TO hear an argument
OF that E ' anu N'SPose
Judge LudlOw-It is customary to try questions
Vi Iact DeIore you can argue demurrer ut law
Mr, Cassidy-We are going to ioin In demnrrer
straight. a wa" ~"
Jndge Ludlow-That is the form.
Mr.. Mann-May it please the Court ask that n !
Jury may be called TO determine the issues between
Ihe Commonwealth and the prisoner. The issne to |
be decided is simply whether the jury was dis, !
charged In consequence of the discharge of ono oC
jurors who got sick and was discharged for that
quse aON A'i '""'
jury was then emDanelied to try the issue