The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-01-08
LEGAL INTELLIGENcE.

SUPREME CoURr IN BANo-Ohief Justice Wooe.
ward, and Justices Strong, Read, and Agnsw.-
Opinions were delivered by the Court tod ~ as
BY Woodward, G. J.--Abner Scott ct al. VS..
John w. Scott. Error to Common Pleas OF Erie
county. Judgment affirmed.
In the matter of the road from George Bliss
to Candy Lick creek. Certiorari to Quarter Se:-
SONS of Jefferson county. PROCEEDINGS set aside.
County of Allegheny VS.. Cleveland and Pitts
burg Railroad. Certiorari to Common Pleas of
Allegheny county. Judgment affirmed.
Ebenezer Kirkland vs.. Samuel Thompson.
Error TO Common Pleas of Armstrong county.
Judgment affirmed.
The Phoenix Insurance Company VS.. r. d.
Cochran Co. Error to DISTRICT Court of Allie
gheny county. Judgment affirmed.
Andrew s. Phineas VS.. Executors OF Henry
Raught, deceased. Error TO District Court,
Allegheny county. Judgment reversed, and a
Peni'e tdcidS de noUO awarded.
BY Strong J.-Evans Fuller VS.. Matson ct al.
Error TO District Court, Jefferson county. Judg-
ment affirmed.
Mcknight ct al. vs. Kreutz. Error to District
Court, Allegheny county. Judgment reversed,
and a Ueau'e tdcids de nooo awarded.
Mellon vs. Guthrie. Error to Common Pleas
Forrest county. Judgment affirmed.
Farnett VS.. Reed. Error to Common Pleas,
Armstrong county. Judgment affirmed.
Brown VS.. Foster q Co. Common Pleas Ale
cheny county. Judgment affirmed.
BOYD vs.. McNaughton. Error to Common
Pleas. Clarion county. Order of the Court
versed with costs, and the record is remitted.
BY Read, John r. Campbell ct al. vs. Chas.
G. McLain. Appeal from Common Pleas. In
diana county. Decree affirmed at the cost of the
A. M. White ct al. VS.. A. s. Seeds, for use, etc.
Common Pleas, Indiana county. Judgment
affirmed.
Edward G. Stewart VS.. william F. Thompson.
Error to Common Pleas Allegheny county.
Judgment affirmed.
Ricketson vs.. The Commonwealth ex rel E.
Simpson. Error to Common Pleas Allegheny
county. Judgment affirmed.
Huffman VS.. Hamilton. Error to Common
Pleas. Armstrong county. Judgment affirmed.
William A. Shreve, et al, Ys. Thomas j. Brew
ton, et al Error to Common Pleas Allegheny
county Judgment affirmed.
BY Agnew, J.-Hood x Company's appeal and
John A. Logan's appeal-Westmorelan county.
Ihe pro lorna decree of the Court below is
revered as to the Kiper & Launer judgment,
and the sums awarded to them, making S1789'34,
are ordered to be paid 10 Hood q Company by
the auditor, giving the total sum OF $7539.34,
which is declared to be paid to them. And it is
ordered that Martin o. Trutman, assignee of the
kiper Judgment, and John Trutman, assignee of
the Launer Judgment, pay the costs of Hood &
Company's appeal and that John A. Logan pay
the costs of his own appeal.
Brewer William Black ct al. vs.. T. McFleming.
Forest county. Judgment affirmed
AlcLain ct al VS.. The School Directors of
White township, Indiana county. Judgment
affirmed.
Lays vs.. PauI, common pleaS, Allegheny
county. Judgment affirmed.
Emerson VS.. Smith, Common Pleas, Indiana
county. Judgment affirmed. Thompson, j.,
dls.ents.
Blackman ct al. VS.. Allegheny county, Com
mon Pleas, Allegheny county. Judgment OF the
Court below reversed, and Judgment entered ON
the reserved point in favor of the defendant
below.
The Lehigh Valley Railroad Company vs. The
Lehigh Coal and Navigation Company. The ar
gumeLt OF this case, which was before the Court
on Saturday, was this morning resumed by Wm
A. Porter, ESQ.,. for the complainants. The list
went over till tomorrow.
In the NIsI PRIUs nothing was done, Judge
Reads presence being required with the Court
III Barc.
The District Courts both adjourned at an early
hour. Judges Sharswood and Hare are both
sick. Judge Stroud holding one of the Courts
adjourned in the midst of ihe first case, because
the heating apparatus did not warm the room
sufficiently to enable the business to be con-
Quoted with comfort.
In the COMMON PLEAS, Judge Thompson the
Given and Weaver Contested Election Case went
over for a week, because Judge Ludlow, being
engaged in the Oyer and Termlner with murder
cases, could not be present. The testimony in
the case will, in the meanwhile, go on before
Mr.. Coils, the examiner.
HOMICIDE CASES.
COURT OF OYER AND TERMINER AND QUARTER
SEssIoNs-Judges Allison and Ludlow.-The
Commonwealth vs. John Connor. Indictment
for the murder of Michael Fitzgerald. On Satur-
day afternoon the defense in this case was
opened. This defense is that Connor was IntoX.
icated, and that the killing was done in con-
flct, and while he was in hot blood.
Connor's father, who keeps liquor store al
Kingsessing, on the Darby road, testified that
the prisoner, and his brother Patrick and YES
seIs, with others, was at his house on the even
ipg of the killing, from until IL O'Clock, and
that during the interval between those hours he
drank eighteen or nineteen glasses of ale. Other
witnesses substantially corroborated this, and
there was additional testimony to show that he
had been drinking previously on that day, and
considerably for two days before.
His sister testified that when he came to his
fathers. at o'clock on the evening in question,
she perceived that he had been drinking he
staggered in opening the gate, and when at IL
O'Clock he, in company with his brother Patrick
and Vessels, left for home, he was staggering
drunk. The defense also proved good character
for peace and quiet
In rebuttal, the Commonwealth called wit
ness, George Dougherty, 10 show that from the
time of the shooting to the time Conner was
taken into custody he talked and acted like 3.
sober man. Doueherty accompanied the officer,
at his request, and Conner three or four hun
dred yards after the arrest and said that Conner
then walked straight, and that, according to his
judgment, from all he saw and heard, Conner
was not drunk.
This mornings some additional testimony, which
shed but little further light upon the case, was
heard, when the case closed on both sides.
Mi. Cassidy was speaking to the jury for the
prisoner when our report closed.
MEETING OF RAILROAD COMPANIES
The various passenger and steam railroad COM
panies held their annual meetings this morning,
most of them being so required to do by an act
OF Assembly. The meeting of the Philadelphia,
Wilmington, and Baltimore Railroad was held
at Wilmington. The Reading Railroad sat with
North Penoe,,lnoaio Railroad CoDlpdnu-The