The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-11-30


Ing the evidence spake Of the appellant as having
a liberty % from probabilities Il is almost i'm
lssSit 10 MS 9oppSment The tes,atoT must have
known whether his ofsprng were or were not legiti-
time Of his birth the amendment falls & lt IS built
lie testStor believed his son to be his lawful issue
then he must have known that no act OF his mother,
indeed that no power on earth could affect tile stds
This is a question which the most unlettered lay
msn would understand, and were IL Otherwise. the
evidence shows that the teststor was gentleman
essonaiy advised In this very matter oy his brother
ober pens Of the case fails 10 support the aver
ment Of the pe!itioner The only Allusion 70 the
deposition OF Miller brown This witness having
tie child called the testaor for reimbursement.
b, testetor laid;I"i wonder hoy long 53ey are
rld oi all this ditHcuIly lis brother BENJAMIN, who
sct Of this separR.,on not being ad ii been
divorce you might have been rid of iL.n "Thera
marriage was not lawful oneS And after a further
ItmaTk from his brother a. about o. I'll the G necessity Of
ooos his,n and gave the witness the money, 49,,
lions TO which tie tesisoT was party IL which mi.
doct ment signed by the mother was spoken ot IL
6 % S5 is attributes e him by 'sS HPPs 9
0Tiion rpon question OF law, viz;-the construction
Of sealed release. Errors much more serious have
without establishing case against them OF teStameI
MFy Justice Ellsworth @ presents an array Of emI
peIsons who seem TO have been the victims o. dI dgn
Lord Hale he tells u.s. had full e1iseSns !estsISI
OF witches while he presided In the sAlng's Bench.
ceased mother calling hs name Lord Cssteresph ere
seTt besve IN % DIVINE Vo Lord Her,
of second Lord Little'on and ofthe Earl OF Ches
/ ~ We pass from the sA-'-- = = -. :
7 SRe domain Of '"'- ... Of the supernatural into
listener to to the allegation. In the Iarl Of
Leach. ", O., of N
widow TO be relieved from the mistake Of a copy
cester. And in LangstoD VS. Langslon Is BIigh N s.
iG7l L9rd B5oughsm, although he called for and In
sell yet admitted lis Dadmssihity FOR the purpose OF
snpplying line alleged to have been omit ed in
The cases Of mistaken impressions OF testator as
the point raised 10 this case. Such mlsconcepton
S % isw or Iact was presented 10 Doe. d. Vessey VS..
Wits, 6SS 7is) where 1t argued that the esatrIT
Of the estate in certain event that had she been
20 tne WhoIe WIZ showed she would have given to
was concusively answered by Mr.. Justice Grose who
she did NOT intend to give; and then the law gives il
to the heir ana we cannot take IL from him. If she
would have given t. aud probsbiy might rot 61t she
bss not said So anc u we were to say So IL would be
pply that reasoning thls point and the case Of
in bis iIiegitimacy led to hO exclusion Ifthe Beet
were correct, then according 70 his own logic he has
no cBse If the testaCor had entertained q different
0pl Iiion he would, as Mr. JuStce Grese said, have
gwen Dequest ano prODaDly nltgntt OuC re has
said so, ard II we were to say t would be our
wi and not that OF the testator. Upon the
the case the law ana the evidence, tIs appeal alike
fails
We might well be excused fro m noticing points
sugstued In the argument, but not presented by
record. Our desire however, to give every right to
the petitioner witch he can by the remotass possi-
blhty be entitled to- has induced to consider what
was said by his learned counsel to the contradlc
uOn OF Mr.. GummeS, and as TO the absence OF any
proof that ,be viii wRs read 10 or by the tessator
We hnd that Mr. Gunmey Is corrooorated both by
the physician, DR.. William D.; johnson. ana by the
cOachman, Robert Cairns. The objections as TO toe
omission to read the win are answered by the testi
mony Of the same with DesgeS, and by Mr.. Gummey, q
very Intelligent and reliable gentleman and by the
decisions In HoShaner VS.. Hosbaner, c. 404; ardng
VS.. aTding H., S4E Vernon Kirk c., 2IS Rees
VS. st Wr. l3S. The appeal istberefOre sm 'ssed
COURT Or QUARTER SESSI ON8-JudSe Ludlow,
Harvey X. Myers, convicted of n charge of bigamY,
WAS sentenced TO County Prison for one year.
John OBrien whose case has been before reported,
was sentenced 10 County Prison fOrsix months.
COURT OF QUARTER SESSIOHS-Tuuge Perce'
-lfabella McCaffrey, who on Saturday last sent
to prison in very feenle condihon a habeas
corpus for the produ tion of child, discharged
she perssting in her averment of ifF1si OF
the VIII reaOonts OF the child. Mr.. John McDevltt,
who represented the stated that she was
hardly expected to live many more Gays.
The grand jury to-day made their hnaB present
mont, They have during the term acted upon 448
bills 2l3 havlHg been returned true bills and
ipnn