The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-05-01

shall be in the minds Of the people Of this
1t cannot be that the public prosecutor in
this case, who is the Goliath OF this bar, and
ofthe bar OF this State In criminal jurispru-
dence, can desire TO make capital for himself
on the ground Of promptness in trying this
unfortunate man, within six days, without
counsel and without an opportunity TO secure
70 him a fair and calm and q full and impair
tial trial.
Court 10 postpone this case. implore the Dis
trict Attotney, whom L know to be generous
and of good heart. invoke these in behalf of
the rights OF the man represent / ask it In
behalf Of the principles or liberty and Justice,
which are vouchsafed to every citizen in this
District Attorney Mann-The application is
not based upon any legal ground and, there
Judge Brewster--We could make no distinc-
tion between this case and any other.
Mr.. Kilgore-We ask that the prisoner may
Mr.. Dare then swore him, and he testified that
there was man in Fairmount Park on the
day OF this murder with whom he had CONVEX
sation, and whose name he didn't know; he
knows some facts, material and necessary In
the case Mrs; Woodhali, WIDOW OF Henry B.
would be material in the trial of this case 1
gave for the first time, this morning. the names
some material facts. There are some OF my
associates in this city, but whose names do
not recollect, but who know of facts impor-
Cross-examlned by District Attorney Mann
l desire to prove by the man 1 saw at Fair
By the other witnesses 1 desire to prove char
acter.
prove an allbi?
Mr.. Kilgore. for the prisoner--He says he was
at the place where this woman was murdered
/ little after o'clock, and she was then MUIR
dered and he wishes to prove by this witness
that he was not at the place of the murder at
the time IL was committed.
The Court held the matter under considera-
tion.
TIE KERNs AND MCCORMICK HOMICIDE.
| Mr.. O'BVrne ODene ed for the dafenge-
The point OF defense was that there was a
conflict in the early part Of the day. There was
! testimony to prove that Hartman vas hit vio-
! lently upon the head at the time, and cut very
badly.
struck on the top of the head and the best medi-
! cal authorities, Hastings, Wharton and Stille
quently produces fracture of the bone of the
skull; second, that according to the best medical
authorities, concussion OF the brain produces
immediate insensibility, Whereas com preston
of the brain which DR.. Shapleigh testified this
man died of, rarely produces fatal insensi-
bility for some time afterwards.
The convulsions that were connected with
! the blow, as testified to, was natural result of
! as the defense raises a theory sufficient to ac-
count for Hartman's death, that until that
! theory is destroyed and rebutted 1t is impossi-
| BILE for a jury to convict.
Mr.. Goiorth then made very able speech to
| the jury, asking for the accused the same JUS
tice which that body weuld ask for them
|
| given the motion for a continuance very
careful consideration, and have concluded to
allow until Friday morning at 10 O'Clock to
secure the person OF the man whom the pri-
soner alleges he met in Fairmount Park.
Mr.. Mann closed for the Common wealth in
| Kerrs e. McCormicks case. ....
! Judge Brewster charged the jury, reviewing
| the evidence at length, and said If they had any
| doubts to give the defendant the benefit OF
| them.
The jury, after remaining out about half an
| hour, rendered a verdict OF not guilty.
District COurt-Judge Sharswood.-Patrick
4 ellis VS.. Patrick Connolly. An action to re-
| cover money paid for horse sold by plaintiff
! to defendant by means of alleged false repre-
Gentations. On trial.
| Krautter VS.. Goetz. An action on a promis-
sory note. Verdict for plaintiff, SsO7'lS.
District COurt-Judge Hare.-Cottman VS..
Cottman. Before reported. Verdict for de-
| fendant. .....
johnson VS.. Bruner. Before reported. Ver-
| dict for plaintiff, S9T7'25
! Mackey& Beattie VS.. William A. Miller & Co.
| livered On trial.
| Court of Common Pleas-Judge Ludlow.
| Paul VS.. Paul. An action OF divorce. Before
reported Verdict for libellant.
James Day VS.. George f. Otto. An action to
recover for board and medical attendance. On
| trial. ...'.