The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-03-10
LEGAL INTELLIGENCE.


case was under argument this moTning:-
Caleb S. Maltby VS.. The Reading and Coum.
bia Railroad Company. This is certificate from
the Nisi Prius Court. brought by the plaintiff as
well Tor himself as for such other citizens OF the
United States, but non-resiuents of the State of
Pennsylvania holders Of the bonds of the Read
ing ana Columbia Railroad Company secured
by mortgage dated the drst day OF March, A. D.
1862, and the first day of June, 1864 respectively
or either of them, as agreeing to contrib butte TO
the expenses OF this sult may become parties
plaintiffs.
IN the case Of the Commonwealth vs.. Chris.
tian Berger, convicted of the murder of Miss
Watt, at Germantown, the Court refused to
allow the writ OF error applied for by defendants
counsel
The DISTRICT COURT President Judge Shars.
wood, and Judges Stroud and Hare, was en-
gagged with the motion lists. rs was also the COURT
or COMMON PLEAS, President Judge Allison and
Judge Pierce. In the Weaver and Given con-
tested election case the Court referred the mat
ter to Charles II. 7. Coils, Esq, as Examiner, to
take testimony.
A SUPREME COURT AT NIs1 PRrUs was held
by Justice Thompson, ana the motion list dis
posed Of.
THE ''ERA' OIL CASE.
COURT OF QUARTER SEssIoEs--Judge Ludlow
The defendants DR.. Ii. K. Eaton b. p. Wrigley,
II. n. Wrigley, and man named Wlcocks who
were the prominent parties concerned in the
manipulation OF the stock of the bogus concern
known as the Era" Oil Company and who. by
their peculiar mode of operations, succeeded IN
having the stock put upon the market through
the medium of certain brokers, among them G.
T. Yerkes, Work, McCouch K Co.. and others,
at between three and four dollars per share,
when in point OF fact 1T was utterly worthless,
w're charged by Mr.. Yerkes, and after
hearing were held by the committing magis-
trate for conspiracy to cheat and detraud. A
writ of habeaJ corpus was then taken, and the
case having been fully heard by Judge Ludlow,
he, this merning, rendered the following
opinion, remanding the defendants for trial.
Commonwealth eD rel. B. p Wrigleyet al as. The
Superintendent of Philadelphia County Prison. rhe
REALTORS have been held to answer the charge of hav
| slate the crime alleged to have been committed IN
| this general and comprehensive way, because,
! method supposed by him TO have beon adopted by
the conspIratOrs to enab them to carry out their
plans yet If an oense has been Perpetrated, it will
| be found to be the one above specified.
Itis very difficult matter to define that particular
crime called q criminal conspiracy, and hence the
text writers and judges who have endeavored to do
| so have generally contented themselves with
de.criUtion OF the oHense And this result has
and desire upon the part of judicial tribunals not
to 20 beyond the principles stated and applied in
| eases already adjudicated.
IT is too clear for argument that combination to
do a crmiL al act is ndictable. and also whenever
| the agreement and confederation Is TO do lawful
act by unlawful means; because in the first ance
named, the act being itself criminal conspiracy to
| do II mu't IN the very nature of things be also
criminals while inlthe second instance, the means
beng unlawful, 1t matters not what may be the
| No uIe of the act to be DONE
But there is class of in which the act to be
pei formed and the means employed are both le gal,
as waere stock is to be sold ana by several indIVi-
duals; here the act itself and the means employed
unebiectionable the act certainly is, and as was
| said by MIR, ChittY, it is impossible to conceive q
combination merely Us such TO be Illegal and yet if
| H. OBJECT TO be accomplished is criminal the law
will hold responsible those who comelne eonfede.
rate, and agree 10 accomplish that Illegal objects
and this Innc'ple is true although it may happen
that the act about to be done would not be criminal
| If performed by slng'e individual
| Chiet Justice Gibson Commonwealth vs.. Car
| Isle, Brghtley's Rep, 30, stated the law with
force and accuracy when he said, where the act is
| lawful Tor an individual II can be the subject of
is direct intention that injury shall result from IT.,
or where the object is to benefit the cOnspirators to
the prejudice of the public, or the oppression of in
| dviduals, and where such prejudice or oppression
is tho natural and necessary consequence" And
AGAIN :-"I take 1t, then, combination criminal
wherever the act to be done has necessary ten
| dency to prejudice the public, to cypress indi.
VlCuals by rDjustly subiecting them to the power
| OF the confederaes and giving effect to the pur-
poses of The latter phether of ertOrt0R Of mis-.
Without going further It is enough for our pre-
sent purpose to say that the law above stated has
| been settled, and applied in many cases We will
name but two. 10 raise, on partIcu ar day, and by
70 Use Iumors, the price OF public Government funds
and niure the purchasers ofthe funds that dav
| is an indictabe ohense Rex vs. DE Berenger, III
ard 5 %. And so also when knot OF men 90 to q
pubic auction the mutual understanding that one
only shall bid for any particular article, and after
the auction they shall resell among themselves alone,
at lair prices the articles bought, sharing the differ
eDces between he buying ana selling prices; be-
cause, owners, Offering goods at auctiOu Justly eX-
| peot an open competition from the public. Levi VS..
Having thus stated the principles by which we
ahall be guided, 1t is comparatYely easy TO apply
| them TO the facts developed upon the hearing of
| this writ.
Certain individuals intending to obtain charter
OF incorporation Tor an oil company from the EXecu-
| tive Department of the COmmonwt alth under the
| general laws regulating the subject, deliberately
send TO the Governor under oath, the required
| hhcate, which, so far as the evidence before the
cou will enabe Us TO speak was absolutely false,
| upon the faith of Letters Patent duly issued au
Office rented and the business of stock com pany
Tied on the Secretary OF the company Is fur
| nlshed with minute book, IN which appears the
| MI utes OF at least meeting which never was
held, and OF another said to have been convened
upon the front steps OF q building situated on Wal
nut street in this city. The capital of this company
| is fixed at 100000, and 100000 shares of stock
G. eaed. The Secretary and Treasurer declares on
oath that the entile cash funds Of this corporation
| never exceeded the sum of $685. two hundred of
which enclosed TO him IN letter purporting to
have been WIItten by the superintendent OF the
plnY at the oil property and which letter repre-
sent1d that the company would soon be in the re-
| ce'pt Of large sums Of money for oil already sold
The 100000 shares of stock are placed in the name
OF one OF the REALTORS. Subsequently 10000 are by
HIM assigned to another, and by him disposed of in
lOts 10 the objects as 1t Is said OF the consp
II is unnecessary new to determine how far these
| re atoIs were implicated in the formation of thus
az IpareDtly fraudulent corporation, because, the
conclusion at whch we shall arrive is based chiefly
I upon the purchase and sale of the STOCK, we shall
not pIeudge the case of any one relao by anv
preston OF opinion upon this branch Of IT, especially
lie may ct be Obliged to establish the fact that he
ignorant OF any one step taken In the formation
the original stock Of the Company stands in the
| name OF H. N. Wngey; he then assigns 100 900
| shares, the entire stock, to IL. Eaton, who, in
turn, assisns a large number of shares to Others,
| among whom said 20 be hctlcious assignees
| From October 20, 1865, 10 Januar, 1865 large
OF ,s CS weoy gG% Il 1Uo ans
| X WrieleY, WhIle upon the same days b. L.