The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-10-22
LEGAL INTELLIGENCE.
The Trial of Homic,des.


Court OF Quarter Sessions and Oyer and
Allison and Pearee-rhis
morning began the Oyer and TermIner session for
this term. At an early hour this morning the
courtroom was well 1lled. Many OF those present
were the Jurors who have been summoned to at.
OF the first ot having expired on Thursday last.
large number OF witnesses were also present, to-
gether with the relatives and friends of the unfor
tunates who are charged with the fearful crimes Of
murder and mansaughter. The remainder OF the
audience was made up of specta: ors, Idle, but
curious to catch glimpse of the men whose names
have been pal AIDED before the public in connection
trial-.
Ire first case called was that of William Leary.
His counsel denieo the right of the Commonwealth
to proceed with the trlal of the prisoner this
dictment. BY their own laches the time allowed by
the law for hls trial has Already passed. and sub
mt to your honors that the prisoner having been
once discharged from custody, cannot be rearresed
except upon new complaint, supported by
Ihe District Attorney maintained that the ques-
ton before the Court was concerning the arra'gn-
The counsel of the prisoner, desiring that his case
| might be placed right upon the record, desired to
apply for his discharge, on the ground that two full
terms had elapsed since the committal of the pri-
| soner upon the present Indictment.
The District Attorney agreed to this Arrangement,
| and the prisoner was thereupon released from the
dock. The District Attorney further stated that the
late prisoner could not be kept in prison to await his
/ trial, unless something should occur to warrant It,
1t is now in order to grant him speedy trial, and
| we are going TO do II.
! The Court said that as two terms had elapsed
since the commttal of the defendant who had
made no application for continuance, there was
no sufficient reason why ne should De Kept In Gus
and Independent question. II he is in court and
answers to the Indictment the District Attorney
proposes to proceed with the tria. We do not IN.
tend no wever, to control this defendant. He at
| liberty to go in and out OF court as he may think
proper. We can see no difficulty in the trial pro-
| crossing under these terms.
tbonsbt ,t his duty not TO plead to the indctment
The prisoner had been arraiRned upon the Indict
ment, but had refused to plead.
the defendant formerly appointed by the Court,
ccuIse While this matter was being attended to
and the Eropriety and legality of proceeding with
the trial was under argument 1t was discovered that
the defendant, Leary had left the courtroom, Con-
siderable excitement was caused by the discovery.
The Court asked the counsel for the defendant
whether or not he had advised the flight of Leary?
Counsel replied that he had not; that he was en-.
ti ely ignorant of the departure of the defendant
until his attention had been called to the fact by the
The Court said that as the prisoner had chosen to
walk out OF Court, he might choose to walk in
again So the uial was proceeded with, and while
tue Court was occupied in empanelling jury, the
defendant was again brought in.
Dwight, ESQ being associated with the District
Attorney in the prosecution. MI Dwight, IN bis
between murder OF the first and second degrees and
msuslaughter.
Aar Wolf was then sworn He resides at No 1872
Gilpin street; knew both defendant and deceased;
they were both working on his farm on the 18th OF
April last Ri6g the deceased, had been working for
him six seven years; LearY had been at work only
O lew days; the farm is in the Twentieth Ward near
the Columbia bridge about fifteen hands were az
Ring was among the latter; told him he should be
kind OF foreman the others; Leary was in tue
gang on the other side OF q fields between nine and
ten o'clock Jerry came up to me and SAID
The District Attorney-Never mind what he said.
Witness.-Some OF the men refused to work;
went down and got some other hands; Leary was
not one of them they worked until 10 O'Clock; at
five minutes before O'Clock went to the place
where they were at work; met Ring on the road,
going down; he insisted on my going down 70 the
enlvert; we met Leary coming upi he said some;
struck him in the face with his INST = ,,
The Court heIe took recess unuI o CLOCK.
The trial of Gottleb Williams lot the murder OF
Mra M1IIer has been Rxed for Thursday of next
week The nrisoner was in the dock, looking as
sullen and haggard as he did at the preliminary
examinations.
O,strtct Court-JUdge Sherwood d.--Adam
sitter william James. Jacob Bryan, and Ed
ward Sier Jr late copartners trading as Sitter,
james Co., 70 the use Of Morris Perots the
trustee of their estate assigned for the benefit of
their creditors VS. Charles Prentze Action on a
book account. On trial
The JsaeFson German Saving Fund Association
No. g. vs.. John D0er. An action 70 recover on
stock. On trial.
District COurt-Judge Hare Cornelius. Baker
& Co. vs.. b D0uredoure defendant, and William
TAYLOR and Simeon Dellars garnishees. An action
to recover on in the hands Of garnishees. On
trial. -
WaladeF-The case OF Dike ys Shenk ct al. has q
length been concluded. Verde. for paintiS' Ssss.