The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-01-25
LEGAL INTEJLIGENCE.

Court of Oyer aud Terminer-Judges Pierce
and Brewster.-This morning T. b. Dwight,
ESQ.,, prosecuting attorney, mentioned TO the
court communication OF the illness OF Mr. cas-
sldy and requested on that account MIR. Cassidy
being counsel tor the defendant, that the case OF
the Commonwealth VS.. James W. Edmundson
be postponed until next term. The Court
granted the application, and directed the CLERK
to mark the case on the bill postponed on
account of the illness of defendants counsel.
In the case of the Commonw wealth VS.. Martha
Quigley also, Mr.. Dwight stated that one OF the
officers of the Court had seen the defendant In
the Nineteenth District, and that Policeman
Grant was on the search for her, but as yet
the arrest had not been made. In consequence
II was impossible to try the case; but as soon as
the defendant shall be brought in, the Common
wealth would be ready to try the case. Counsel
for the defense having nothing 70 say to the
contrary, the Court adjourned ull tomorrow
morning, the jury having been discharged until
Monday.
THE WILLIAMS CAsE-ANoTHER PosTPONEMENT-
DEFECTIVE FRANKLIN STILL UNABLE TO ATTEND
COURT.
Court Of Oyer and Terminer.-This morning
the Commonwealth made an application tor a
continuance of the trial of GOtle1b Williams until
next term.
MI Dwight, acting District Attorney, said:-
Your HonoIs. now desire 10 renew the application
made on tuesday on the part OF the Common
wealth in the case OF the Commonwealth GotlIeb
vii lams Dr. Jones, the Ph&ys,clan & OF the Penn
DR.. Jones, afffmed.-I am the physlo an having
CHARGE of the male department Of the PeDnsvlvanla
Asylum for the Insane; l know Mr.. Benjamin
franklin; he is now under my charge, and has
been so SINCE the 30 of October last the present
condition of his mental health IS such that he could
not come to Court to testify in q criminal case
Cross.examined-He is laborng under very high
mental excitement his mind Is also tull of delusion
and vagares he is under the impression ne
| possesses great power ana enormous wealthi
GfhSsn Ghesnut street fi It with CoSIo set It on
| fire. and burn the whole city; cannot tell how
long this insanity will last; fear that 1t is an in"
| condition
| same when he first came under my charge as 1t is
at present; his delusions were as great, but his
! excitement not as apparent; ! could not
form an opinion as to how long he had been in
this condition previous to his beng put under my
The testimony here closed. and Mr.. Dwight
sald;-lt the Court please, am informed BY the
are these ;-T ThIs homicide happened in September
last, and Williams was arrested and bound over
Court. We then had more than twelve
homicide cases. Eight or nine of them were
and Mr.. Mann SAID he would then be prepared to 90
with it. The prisoners counsel asked for q few
davs' oeay, IN consequence of the cases occupying
LONGER tune than was expected. When the day
arrived some case was upon the docket, and
were TO be tried-the of the Commonwealth
vs.. Mcguire, which occupied ten days, at the end
business of the Oyer and Ierminer passed over
to this term OF the Court, and we now make an ap-
plication that this case may go, over to the next
term, and as legal ground, we offer The
present mental condition of Mr.. Franklin No
doubt 1t may be that he Will not be in perfectly fit
condition to appear here, but 1t may be that he will
so far recover as to owe us the benefit of bis tes-
mony. and so as we shall be better prepared tor
consultation with him. I'VE are now having CON
sultation with him.
This Application is made in good faith, in order
that the Commonwealth may ke relieved from the
Act of Assembly which requires that where a pri-
soner has been bound over 10 a specific term of the
Court, and is not tried, and 1t goes over to The
second term, he can be discharged. That act has
been construed so that it, provisions shall not apply
where there is not, practically good and sufficient
|
or improper delay on the part of the pro-
seCptiOn, IN "a accordance with which the prisoner
going to trial The condition OF affairs last term,
brings within the spirit OF this rue. We have
not delayed the case through unWillingness but
because IT was IS an m mPossi6ty owing to the press
the further business of this term of court
Detective Franklin was very dlligent in working
be given In detail when the IS tried They were
somewhat protraced and somewhat searching, and
we desire to avail ourselves OF 1t because we can
do so.
Counsel for the Prisoner-The continuance we
asked for, mentioned by the District Attornet was
not properly a continuance. was informed then
as was this morning, that Gotleib VIII iams was in
Court for trial came into Court, and stated
impossible for me to 20 with the trial without an
opportunity afforded me 10 get my witnesses Judge
me; at the end of that time the Commonwealth had
her witnesses here so had we. The District AttOr.
nothing then said about the insanity of MI Frank.
lin; there was no ground for continuance men,
llOneu; the witnesses on both sides dis.
charged 1t is proper for me to state that the
District Attorney did not require a conti-
nuance; he said to in the presence of
the Clerk of the Court; we are anxious TO be
tried and we have the right to be tried. This ply.
stcian deposes that Mr.. franklin NAV never be re-
stored 10 his reeson. Are we to wait month after
month, term after term, for such a possibility IL
my client to be deprived of his constitutional rights
In the meantime, waiting the result OF sir.
Frankhn's insanity, 1 think sir, that would
be- monstTous. There is no ground for show.
ing how far Mr.. Franklin's testimony is mateS,aI
in this case. There IS no materialltY alleged Other
detectives who we're with him know quite as much
as he. There was full publicity given In the paDers
1t IS proven here that It IS unknown how long mis-
insanity may endure. From the character OF the
evidence, and from the accounts given am afraid
II Will continue during life
Mr.. Dwight have onlV to say that make the
application because was instructed to do SO on the
preceding day OF this week. and have received NO
direction to the contrary as yet. I know nOthing
more than have stated.
Judge Brewster-The tact is that this witness IS ma.
terial, ana the Commonwealth cannot safely 20 to
trial without him This is testified 10 by an ex pert
and the fact that he IL unable to attend Court by
reason OF very serious disorder, also testified to-
ne case was before us q few days ago but we mad
not the testimony OF an eXoert upon this question.
cumstances that the Commonwealth is entitled TO
defendant
The case then went to tho next term of Court.
District Court-Judge Sharswood.-S. A. Jer-
mon vs. Lyons q TAYLOR fegned issue TO
try the ownership of horse levied upon by the
Sheriff. On trial.