The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-02-15
LEGAL INTELLIGENCR.

SUPREME COURT OF PENNsYLvANIA-Chie JUS
tice Woodward and Justices Thompson, Read,
and APnew.--JOhn B. Houser and Daniel Buser
VS.. The Commonwealth of Pennsylvania. Writ
OF error TO the Court OF Oyer and Terminer OF
Cambria county. In this case the writ OF error
was allowed by Justice Thompson on the 10Th of
January, and then specially ordered 10 be heard
before the Court at Philadelphia to-day. The
defendants in the Court bel wv were indicted TOR
the murder OF Polly Paul and Catharne Munday
and we're convic ed and sentenced.
The case was then removed to this Court on
the writ Ct error allowed by Justice Thompson.
The assignments OF error are principally 10 the
admission Of one OF the Jurors to testify to toe
delivery of prisoner to the Warden of the
Western Penitentiary, to the admission of an-
other Juror to prove the number OF nours the
passenger train requires to run from Pittsburg
TO Wilmore, and to the admission OF a witness,
who had been twice tried, convicted and SEN
fenced to the Penitentiary for Burglary; a par
don for the last ofense being the only pardon
produced by the Commonwealth. A. Kopelin,
John p. Linton, and w, II. Ros", Esqs,, appear
fer plaintihs IN error; and George NJ. Rsa1e,
Il. /. Johnston, and j. f. Barnes Esqs., for The
Commons ealth.
SUPBLME COURT AT NIsI PR1Us-Justce
Stfone.-Asbmead vs. the Protestant Episcopal
Book Society. An action to recover for tracts
printed as is alleged, for defendants for circua-
tiun in the army by the Christian Commission.
Before reported. On trial.
DISTRICT COURT No. Judge Hare.-Camp-
bell IL PhaIo VS.. Schick. A fegnei ISSUE to test
the validity of bond. Before reported. The
case is still on trial.
DISTRICT COURT No. 2-Presdent JUDGE Shars.
wood.-FrederIck Scnra shuen We. the Security
Insurance Co. of New York An action policy
OF insurance for $500 on a lot of hay stored on
the wharf, below Vine street. which was de-
s,rOyed by fire on the Sd of August. The hay
wUs insured at the rate OF $50 per ton Tue de-
fense set up was that The hay had been rejected
by the Government as unfit, and was not IN
reality worth more than $40 per ton. On trial.
John Edwards, ESQ.,, tor plaintiff. Theodore
Guy Ter, ESQ.,, for defendant.
haCauley VS.. the Germantown Passenger Rail-
way Company. An action to recover damage
for injuries to horse of plaintiff, occasloned by
the alleged negligence OF defendants servants,
Before reported. Verdict for defendants.
COURT OF QUARTER RSEssIoNs-Judge Ludlow
Tue morning was mainly consumed with the
speeches OF counsel in the case begun yesterday,
in which John Mclaughlin aid William Kelly
we're charged with two burglaries, committed
at the hOtei kept by Mr. Samuel d. Sayres at
Point Breeze, on the nights OF the 10Th and 18th
OF January. Mclaughlin pleaded guilty to both
indictments, aud Kelly rot guilty.
After trial yes erday he was acquitted upon
the first Indictment. On the second Indictment
Mclaughlin was used as a witness against him,
and test fed that Kelly who lives in Pine allny
suggested the Durglaries, was participant in
their commission, and took the lions share Of
the plunder. Mr.. Sagers testified that on the
night OF the 18th of January he had stolen from
him S3ll. O this amount McLaughly said he
got only S4O
The deence urged on behalf of Kelly that the
| story Of Mclaughlin was fabrication from be-
| ginning to end, and that hls evidences beng un-
! corloborated, and being that of an accomplice,
was unworthy OF belief, theretorethe jury would
| be unsafe in convictIng upon it, Jury out.
| Henry Trusty, Samuel Bass, and Samuel II.
| Lane, all colored were charged with burglary,
| committed at the house OF Mrs. Margaret Ii,
! Stevens. RittenhOuse street, Germantown, Oh
| the nlGht OF the 22d of January, and stealing
| thererom an overcoat and other cloJhng the
| property of Mr.. Il. H. Hollingshead. Reserve
| Officer Kendig arreste1 the de!endants in Marks
| lane, when two OF them made q clean breast of
| the affair, and said they had broBen into the
| house, cut through an inside door, and com
mtted the robbery.
Lane the youngest of the three said that he
| stood outside, and watched. Mhe jury convicted
week upon another charge, and we're then SEN
| fenced 10 term of imprisonment, were sen
| fenced to further Imprisonment OF seven years
| and two days. Lane beng young, but seventeen
| years old, was sentenced to four years imprison-
| mcnt
Caroline Carter was charged with assault and
battery ON Mrs. Mary Schwartz. The latter tes
| titled IT, at defendant attacked. and cut her with
Il hatchet op the hand, and folio yea up the
attack by striking her with char. The affair
occurred in Mrs Carriers house, and seemed to
| have originated in a quarrel between the daugh
ter of Mrs, Schwartz and a man who was pre-
sent, in which the defendant interfered in the
manner above described. This was prosecuting
| testimony.
DeendrDt called witness who testified that
! Mrs. Schwartz was ordered out by Mrs. Carter
VINO went out and smashed in a win dow with
her hand, and IN doing sc cut her hand; there
was no striking with hatchet or chair either
Verdict not guilty.