The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-06-26
LEGAL INTELLIGENCE.

OoURT OF OYER AND TERNINER AND QUARTER
skssIoNs-Judges Pierce and Ludlow.-Fortu-
uately Tor all parties, the intense warmth of the
courtroom will not be made more oppressive
oy crowd. There was an attendance of people
OF respectable size, but not too great.
An application was made, requesting the
Court to have the case of Captain James 8.
CLARK, charged with assault and battery keep
ing ferocious dog, and carrying. concealed
ueadly weapon, presented to the Grand Jury.
ana tried at the earliest possible time. The de.
lendant is captain of a vessel, and wishes to
sail soon. 1t was stated by counsel that If the
case was not disposed Of soon, the Captain would
be detained till the August term. and ALI bis
mercantile engagements broken off
me application was granted
The case OF the Commonwealth va william,
Gclche." charged with murder Ia the killing of
Noab M, X, on the Sd OF November lss0 wh;oh
was cOmlE, need and left unfinished veSterJa1
was resumed this morning
The pyoseCu,' ION was represented Yesterday nv
Mr. Dwlght Their witnesses we're ali eSam.
med, the substance OF whose evidence we briefly
gIve:-On the Sd o. November, 1860 party Of
men, of whom GNlche.r was one, met at tavern
on the corner OF SecopG and Dickinson streets,
kept by william Simons.
The party at once commenced drinking freely
and becoming somewhat fudIled by the fumes
OF the liquor they began to DISCUSS politics. and
o'her current topics, in the excited fashion of
most intoxicated men, when oa'ense is easily
taken, and as easily forgiven. After having
talked over various subjects, they finally took
up that OF wrestling. . ID
The deceased wrested with a man, and then
challenged defendant to wrestle: but defendant
declined. The parties became angry, and took
drink 10 mend the matter Deceased then
started to leave the house, when defendant an
preached him and said-"Do you still consider
me enemy TO you" Deceased said '.yes.r
Then defendant said, "Take that, damn youin
and suiting the action to the words, Knocked
him down and kicked him once. Deceased Law
motionless on tke floor, and defendant escaped
from the rear of the house. When those ore
sent examined the deceased they found him
hieess.
The defense was commenced by proving that
defendant has served in the United States naval
service Tor the last sixteen or seventeen wears,
He served in the navy all throughout the late
war; and acted most nobly and gallantly.
His good reputation was substantiated by the
testimony, oil great number of witnesses
Many of the Witnesses had known him since
boyhood, and all stated that up to the making
OF the charge, tney had never heard or saw
nyrhing that would IN any way bring his
character into question.
These other witnesses we're shipmates of his
during all the war. He shipped rs a mere
subordinate engineer. BY his gallantry and
good behavior he worked his way up into the
favor and good opinion OF his superIors, and
got the honorable position of chief -gineer of
the gunboat COnlTnO OdOre
1t was stated by witnesses, that he was so
highly esteemed by those around him, that the
officers were, one and all, proud to associate
with him .. E'
1t was also proven that as soon as defendant
returned from long cruise in one OF the United
States ships, he sent his father for an officer of
Justice, ana upon the arrival of the officer he
quietly surrendered himself into custody,
The defense also allege that Gocher was
repeatedly and constantly annoyed by Mick,
who persisted in bandying insulting speeches
intended for Golcher, and in bullying in a very
offensive and aggravatlng manner tnat he
aroused the anger OF Golcher, who was then
considerably under the influence of liquor.
Also, that the blow was struck In sell-defense
When Mick answered yes, he considered Golcher
an enemy 10 him, he iercely turned round and
raised his hands as if about to strike violent
blow; that then Golcher, from the great strength
and dangerous character of the man. having
good reason to fear for his Wn safety, struck
the blow.
Also, that it has not been clearly proven by
the Commonwealth 70 the jury that the death of
deceased did truly and in fact result from the
blow inflicted by Colcher, since the able and ex-
perienced physician, DR.. Updegrove, who held
the post-mortem examination, said clearly and
distinctly that he could not say what caused the
death-that 1t m9gM have resulted from the
blow, and that it might have resulted from a
violent shaking or some sudden and powerful
action Of the body. Not yet concluded. Long
and elaborate speeches were made by counsel
MIR. Dwight for the Com monwealth, and Messrs,
Brooke and Cochran for the defense.
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