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

Court of Quarter SeGSi0ns-Judge Peirce-
Inc usual Saturday business was before this Court
to-day,
In the case of the Commonwealth ys. Lewis
AlbertBOn and William Barnett, charged with keep
ing gambling. house, demurrer was filed some
months ago by the defense, but has not yet been
argued This morning John Hanna, Esq tor the
commonwealth, stated to the Court that in order to
save time, he desired to maze application for leave
to withdraw the bills found during the October
term, and 70 send up new ones now 10 lieu of the
william NJ. Bull, Esq, who appeared for one of
the defendants, answered that when rhe demurrer
was filed his Honor Judge Allison appointed O day
for the hearing OF the argument but on account of
the unusual pressure OF business, and OF the eugth
OF the oyer and Terminer sessions, had not had
the time Tor the argument and that while the argu.
ment was pending, the Common eath had no night
to make such an application; aud, moreover, The
defendants had not received the notice Of this app
cation that they were entitled to-.
His Honor Judge Pierce said he would continue
Ing what was the usual custom OF the Court in such
william r. Lause, convicted several terms since
OF charge Of larceny as ballee, was sentenced to
OF Year In the County Prison.
In the habeas corpus case, in which Ellen Bur-
melster applies for the custody of her child, whom
she alleges her husband forcibly took from her. the
count OF her loose conduct was not competent to
tase care Of the child. This morning the wife pro.
ducCd evidence to show the cruelty OF Mr.. Burmeis.
ter towards herself and child and also that she was
an honest, industrious woman.
Hls Honor Or the Judge said that OF course the
and 1t very sad thing that both ents have been
proven 10 nave been unworthy OF the custody of
their own child And as the child is now boarding
vi! b reputable people, the Court would not pre-
sent remove it, but would order that ths mother be
allowed TO visit 1t.
Summers, in which the defendant was convicted of
q charge of assault and battery with intent 10 kill
Thomas Gallagher, after-dscovered evidence was
submitted this morning. Maria Summers, the sister
OF the defendant said that when Gallagher came to
her brothers. house her, her brother told him
10 20 away and not to return and told her to keep
! away from him, AS Gallagher was going down a
Ia aaVn he he fnun hat
following him, and, feeling that he had TO fight. he
! turned around and began the attack When he fell
TO the ground he felt the KIN in his breast This
! evidence went 70 show that the prosecutor began
tie attack and that the case was not aggravated
| as 1t seemed before,
samuel Tage who plead guilty TO a charge OF
forgery upon being called for sentence, produced
the following facts, through counsel He has been
in the United States army and came TO this city an
orphan; being young man, without employment,
be advertised toI situation, and obtained the place
OF boSk,keeper IN the firm OF Dunlap Await & CO..
as placed upon him, at the trifng salary OF $500
per year. AS winter came on he found his salary
was entirely TOO email TO- supply his pressing
wants, and eytelded to the temptation of commit.
| ting the forgery. When he was arrested he gave
| Intelligence that would lead TO recovery of the
money. And now he has already repented sincerely.
| n employers did not think IL necessary to nav
him enough to keep him honest, and ne felt.
| j ne forgery was q successful one OF over Sl4O0,
| De was sentenced to the Eastern Peni!entisry for
John Egan, Hugh McGarry, and Hugh MoOaffrev
convicted OF assault and battery upon police ecers
| last election day, we're sentenoed-ERan to County
rIlson. eiGnHen my mouths McGarEy, County Prison
one year. ana McOanrey, County Prison, one year,
| - district Court = Judge SharswOOd - John
| u. hepplier Vs. James LYnd. An faction on aS pro
mitSsory noIe Verdict for DlaintinJ s6e84l8
hamlsh Hoth & Co. VS.. John Foohtner. Action
on book account to recover fora certain number o
hogs. On trial.