The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-01-23
LEGAL INTELLIGENCE,

supreme COufJ-Clef Justice w OOQWaru, and
JUDGES thompson, Read, and ARnew.-PattersOn
VS.. oulman. Referred to master.
Aatlack VS.. Roberts. Argued, and motion to
Weaver vs. Weaver. Argued.
Russell VS. Miller Argued.
, Ntst Prius-Judge STANDARDIZATION of Will
jam Fleming vs. Camden and AtIantIc Railroad
An &C ion on twol notes. Defense that the notes
we're gwen 10 son OF decedent, who after
wards absccnded, largely indebted to defendant.
On trial
District Court udge Sharswood. Joseph
klsleTbock VS.. Premium Loan Association. A SUIT
on mortgage defense, hiatt the mortgage was
gwen to bolster up fraud, the defendant beng
solvent at the lime the mortgage was given; aud
me money realized from 1t was PAID out to stock
holders as dividends. On trial.
court of Oyer and TermIner-J Judges
Pierce and BrewsteT-r. B. Dwight, ESQ. Prose-
cutting AttoIneY.-ihIs morning the trial OF the
case OF the Commonwealth vs.. Jacob Bashan was
resumed. Yesterday the Commonwealth, after Piy-
ing more evidence-that is, examining more wit.
nesses-a 10 the facts detaled In report OF yes
ter0ay closed; and this morning the defense
opened by calling Captain George L. Fnney, who
to- tilted as iOllOws:-
1 was suDp9naed in this case by the Common
wealth; am the person spoken OF by the other wit
nesSes as having been there Bastlan lives in Eighth
street, below Wharton; l am in the habit OF going
20 Peaks OF an evening; went there about 90 Ock
in the evening OF August Bastlan was there ON the
Passt unk road; went IN to read the papers pre-
the two hamiltons, Gouldy, ana the driver; GOudy
asked me TO take drink; 1 noticed some
mud on Harmcr's coat sleeve remarked it. and
asked now came 1t there; be said None of
your business, you black son OF b." went to a
chair, and he followed me, and leaning over me he
sald, "Do you know what ought 10 do with your
said mo; :; he then said he ought to kick nv face
Ior was like all the lOaters up Eighth street: /
then asked him why he didn't tell these men then
Goudy asked HIM to go out; he went out and came
back, and used hard language 10 me again; amOna
other things be said another man kept my wife I
toId him wished TO have nothing to do with
him; the party then went out; after thew
went out some one said, "Let us go ia and
went ont; as went out the door on Federal street
nMaimer M nalIed me; SAID TO him, "You really do
i8 n9t mean what you said to me, do you" he said.
Yes, do;" | then called him very hard name:
l theh turned to 90 away from him. when he
EnocEea me into chair; ne was powerful man;
suppose he weighed $50 or 100 pounds
Bashan was in the act of picking me mn
when Harmer struck him; Bastian ran lnsids
and called for me 10 follow; as wen into the roo
Harmer and Washington Hamilton know fo1Inla
mei as was entering the bar room was knooEsd
Gown GOWN Dy a blow rOm behind; then started 10 Set
Dehlnu the par, and Washington Hamilton strnok
me with tumber; got under the bar and the
same man struck me wi n a champagne bottle. he
was On Ihe outside OF the bar when he struck me-
was knocked senseless and when I Tecoverad
was lying under the water-box; | am caIIed Gan
ain am earned the title by four years OF SER
Veterans. -' '' A'n"eyNahia
srexaminedEIhe carriage drove up to Peaks
4et"een hait-past7 and O'Clock; had been there
that day before; was there perhaps from . All
O'clock am in the habit of going there. some
tmes l. see Bastian there and sometimes I 40 not.
SINCE lett the army have been in the Post 0fIics'
@ 1ut nave eit theref and at present am doing no.
tbninGi when Harmer leaned over nv chair
zl,Aa = -.
4e,slea think have good, retentiVe memory:
uoh,t know though, but Harmer used suob n
variety OF abusive language that cannot preoIselS
IeinS S Der hDer MS Words when HaTmer came up TO ma
told him what thought of him, and he knoeked
Nee M Gown so quickly that hadn't time to say any
Ihlng more; certainly know 1t was Harmer Iyho
khockf Bastlan own, for I saw him "'o
=, he'examined-Harmer came and threatened me
three tunes. '0A0u Nhe
- GeoIge Dubacee@l was subpenaed by the Com
mohWealth. An offer was made by the defenseito
prove by this witness that the deceased James ~
HaTmer' so long as fourteen years ago had com
mltled most atroclOus and barbarous crime that
newas an outlaw, having fl led up nearly every
week OF his manhood with the Commission of bar
6artes. outrages, ard wrongs and that
me defendant mad perfect know,edge of
az these tmngsi bu5 II was argued that d.
iendant. with knowledRe of these things, aad
k'owing the deceased TO be a most powerful des
peraie' and violent man. had great cause TO feeI
e9pIeuehsiye OF peril to his life when this man first
RhCcked hlm down. pursued him into the house
ann ann ere Kept u deadly assault by throwing at
MN everything IN hIs reach, aud that under these
circumstances, the killing was justifabIe' The
% %0htr was objected 10 by tho Commonwealth, and
the objection argued.
A the close OF our report the Court had not gven
q reclsiOn. Messrs John Goforth and William
Nc auley for defense.