The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-06-25

that his reward should be higher the property
h can e BE- s eSsd Is 30 oa % S m so Spy w
sate what the goods which they forward vOr h
providing that Il the tue value Is SreateT an aSdi
Giving a reasonable Interpretation to the contract,
this all hat was assumed to be done the present
doS @ Of he SuSoye TeserSe a. 9Se
trial and enter Judgment for that amount tor the
In the other case-that in the Court of Common
Pleas-the Hestonville, hantua, and Fairmount
Roi road Company applied for an injunction to re-
strain the Schuylkil River Passenger Railroad Com.
pany from building their road upon certain
streets The opinion of the Court was delivered bv
Judge Ludlow, and the decisiOa OF the case Is put
on the following Rrouud;-
II is unnecsssary to consider manv questions pre-.
sented upon the argument because IN our opinion there
Is Sne 6 point int upon which we may safe rest our Gds
road 1rovdod SsS @ he HSr said
Of the Counc or the City of Pnilade pha shall be first
btd ned anu said consent shall be tax and deemed
have been given II said Councils shall within thirty
Gays after the passsS9 Of this act by ordinance daU
We assume the fact to be esab shed by the afdavis
have neither approved nor within the mean
ing Of the letter o. the charter and we nave proof
Councils had any notice O. the Of thls act OF
whether the Silence OF Councils is to be hteFpreed into
where GOnncs nc have no k19wlsSss Of the &C.
rights. -
rights Of the city are concerned is one Of great @agn-
iIdet Is but ia Tst 70 inquire into the duty UPON
qulre these valuable rights? Says the charter ;"Be
lie consent the Councils of the city OF Phadeip6S
shall be Grst, , I1sa,ned a. New, the meaning Of the
tabshed reputation defines 1t to be to gain Dy enor or
to s s G they Gy S the % SRe
having done the charter provides for the silence
and deemed e have been given If said Councils shall
Assuming, however, that this company was obllred
70 do nothing IL be truly affirmed that either in
dyiGua OF %ungDa ia, nSHy g, either SPgr1ys DIS
The solution this question depends upon whether the
b Ss p aSs e U oon oP
and general law the courts cannot take Judicial notice
of IT. neither could the city Councils; and 1t follows
that the Councils either approved dlsapprOved this
charter
are therefore forced to the conclusion that until
to the knowledge Of the City CoSncs, the defendants
the b to hold Other%ss w69d Be tn
declare that by me passage OF any prev Gus act OF As
not only paralyzed but absolutely DESTROYED
AS the defendants declined TO suspend action during
the pendency OF these proc&eedinSs & % directed an er
order OF this Court.
ter SessiOns-Judges Pierce and LudOw-The
Court met to-day for the trlal OF homicide cases,
several of which are untried and some of Iem Tor
murders committed as TAR back as 1860
The case OF Frt derrick Paul, indicted for murder
in the killing of John MaloneY, National GUARDS
Hall on the 10th OF January, 1866, cal ed up,
and upon mot on of Cochran and Cassidy, the prs,
orer's counsel, cont nued untll the next term, on
the GROUND OF the absence Of material witness Ior
the defence
The Commonwealth VS.. William Golcher. The
defendant indicted for the murder OF Noah Mick,
on the Sd OF November, 1860, at tavern kept by
man named William Slmons, corner Second and
were as Mr. Dwight stated IN opening the case Tor
the Commonwealth, few. The parties, 1t seems,
were in Smons' place on the afternoon IN question:
6riDE E1nU nd NJ nnI1fi fico
From this they passed to the subject of treating and
thence TO that of wrestling.
time, and becoming warm in their discussion, Nick
finally said to the prisoner, al believe, or think,
cher made no reply, aud both parties quiet for
some time, when the deceased arose from his seat
and started to leave the bar-room.
THE CASE OF MAGUIRE, ALIAS MITCHELL FOR THE
| MURDER OF MAGGIE b AER.
Before the trial of Golcher was begun, the atten-
ton OF the Court was called 6y dessrs Cassidy and
gure, ahas Mitchell, who, IN 1864, on the 2d OF
April, at the Continental Theatre, IN private box
shot and killed girl ramed Magne Baer, with
whom he had been living in Illicit intercourse
Jealousy was the cause OF the act. t
Beng arrested for the murder, and indicted the re-
for the case was at the next succeeding the
Court called up tor trial On behalf OF Mcguire his
counsel pleaded insanity a bar to the trial OF the
prisoner on the ISSUE and asked tor jury, as pro
vided by law, to try the question OF insanity or
insanity. The evidence having been submitted 70
the jury, they found the prisoner to be insane In
that condition, he could not of course be tried, and
the case has rested from that time until now when
his counsel alleging that Mcguire has recovered his
reason, ana benO now sane, asks that he be tried
The application was met by objection of the
District Attorney that, as the case now stands the
Commonwealth had one verdict aga nst il; that he
was not satisfied to the present condition of the
| prisoners mind. He thought there should be sure
evidence as to the condition Of the prisoners mind
submitted. 1t il should appear that he was sane
it would then be proper for the Commonwealth to
place him upon tIIal.
Judge Ludlow stated that ne was under the i'm.
preston that no objection existed the trla of the
no n nHfo aN,Nvr h,
his counsel. .
Judge Pierce thought that in the state of the re-
cord it appearing that by the verdict OF jury the
prisoner had been found insane, there should be
offered some evidence that he was OF sound
mind
MIR Cassidy said that he would call up the case
tomorrow morning, and would offer evidence to
establish to the Court thai the prisoner was now O
sound mind, and having established this, would ask
| fnra rlv iris