The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-05-03
LEGAL INTBLLIGENCE.

Court OF Oyer and Terminer-Judges
PleTce ana Brewster,-William u. Mann, Dis
IIict htIoorney; II Bradford Dwight, Assistant
The Court met at half.past O'Clock yesterday
obtained.
According to the evidence of the Common
wealth, Serad was In Second street, near Whar-
ton, early on Christmas morning. with some
friends, engaged in blowing a horn. Ellinger
came along and Serad blowed the horn in his
lace. Elllnger took IL from him and threw it
at him, and then went into the middle OF the
street, and pulling pistol discharged 1t at
Serad. the shot taking effect in the left lung OF
the deceased causing death.
IDe defense set up that at the time of the oc-
crowd that Ellinger was beset by the party,
and that after reLreating as far as he could, he
discharged the pistol, under the impression
thaJ MS lie was In danger. The good charac-
ter OF the defendant for peace and quietness
was put In evidence. Another witness who saw
panied by party of seven; that they were In
toxicated; that when Elllnger came alohg they
commenced an attack upon him and beat him,
and it was not until he had retreated into the
pistol.
In regard to the possession of the pistol, it
was shown that the defendant was employed as
aWatchman at distillery, aud was required
TO have weapon; that he was on his way home
from the distillery when he encountered the
crowd with Serad.
The evidence on both sides closed at half past
nine o'clock last evening, at which time the
Court adjourned until this morning, when the
counsel will address the jury.
Mr. Dwight. on the part of the Common
wealth, addressed the jury. He recapitulated
the evidence Tor the defense, and said it is of
, two: kinds. First.is the defense of good char
acter; and second, his defense as to the facts OF
the case. There was remarkable unanimity in
the four with esses They ali tell pretty
much the same story, representing the affair in
just the same light, and all coming TO very much
the same conclusions. The whole four unite in
bringing the whole OF the crowd Immediately
in contact with Ellinger. II the facts of the
defense are true, then this man was assaulted
use of going any further-Jhe prisoner stands
acquitted before the bar of his country. II they
are true, all our testimony is false but If l.
true, every word Cf the defense's testimony is
false, and you cannot come to any other cOnclu-
sion, as l think. | can make that plain.
lt Is q proposition when reasoning, that of two
contradictories one is false and the other is
true. These two statements, as presented by
the witnesses for the defense and witnesses for
the Commonwealth, are respectively contradic-
tory to each other, and, therefore, one of them
is all false and the other is true aud Uice De sa.
1t is for you to determine which is the true
statement, Perhaps at the first blush, there
was nothing that struck you as being at all
Mr.. Dwight continued at some length in he
same strain, reviewing the evidence on both
sides, showing where each part was contra
dictory, and said In conclusion that he thought
the jury would be enabled to see which we're
the right and which the wrong statements.
Mr. Cassidy, for the defense, replied. He
said there was not witness of jhe Common.
wealth who corroborated Mr. Noar's testimony.
The defendant is a man whom no one could
say word against, and being so, he was not
VI COihihlIiiuB WlIul ana uellDerAle
murder.
The jury, by rendering verdict of not guilty
justify such action as the defendant took, and
secure TO themselves andlJo Others protec tion
from ruffians who attack them in the street,
MIR. Mann closed for the Commo nwealth, He
had given the case careful consideration, and
had sought out all the facts to come to a Just
conclusion, and he thought he could convface
the jury that he had done So
The witnesses for the defense were not relia-
BILE, and the case of the defense would be better
without them He hoped the jury would decide
the case according to the testimony of the Com
monwealth's witnesses, as they are reliable.
He would contrast them with any witnesses
that had given testimony,
District Court - Judge Sharswood.-August
Busch VS.. The st. Nicholas Insurance Company
of New York. An action to recover on q policy
OF insurance for the loss of barge. On trial.
District COurt-Judge Hare.-Eliab Ward
vs. The Green and Coates Street Passenger Rail
way Company. An action to recover for med-
cal services rendered. The plaintiff was called
in 10 attend a child that had been injured by
one OF defendants cars they having promised
to be responsible for the expenses: plaiatilT
attended the child for some m onths and restor d
II to health. The defense denied their liability.
Verdict for plaintiff, Sl77.
Albert Turner to the use or Alexander Turner
VS.. The Western Union Telegraph COMPANY.
An action to recover for wire bought by defen-
dants agent. The defense alleged their nom
liability. Jury out.