The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-05-21
LEGAL INTELLIGENCE.
THE MANKIND HnnIcInR.

COURT OF OYER AND TERMINER-Jndges
terday afternoon, and Mr.. Dwight having made his
opening before the recess, the examination of wit
Coroner Daniels and Dr. shaplelgh having been
Sq &gues f6Sm0s Wood S6 an old egep 9 in
he Knew BTKeT and JoSnsan and hea seem them
when they came to Barker's house that afternoon;
and Johnson followed ia a few minutes; Barker spoke
to Johnson when he came in say Iing.1J Johnson are
answ went up stairs; he came down stairs with
JONI son again; he said~"JohasoH II yOS dont give
me satisfaction III warm you' the witness went out
door he heard the report Of gun he looked Into the
son sitting on the settee but not having touched or
spoken to him. didn't know whether he was dead
Cecilia seby, who lives .on Barker's place. testified
that she heard heavy ia and the report Of the gun
johnson lying upon settee wounded in the stomach
SssdBRF aRS %h @
n R6 m sae s asked I MN ne b sS n So9
fell, Johpstn got the contents OF that gum" and he
vent with Barker to the %idtT%an's Office 'g to Sve
6cer Eliot hH Barker told him Johnson
had $3.50 belonging TO him; he demanded It and John
he then used his gun and
Here the Commonwealth closed
safely rely upon the Common wealths 8 case for an
1 sae psonRe rise @ sOod
e S cdn Sno the 0s ana
who We're always ON the most friendly terms; aud u
him Sefore be Syfs ana had gone house
deceased a short time before the shooting aud they
were very drunk Barker then a had the gun: ,...
examined, and the Court adjourned until this
THIS MoRN1Ne's PROCEEDINGS.
Ihe defense closed hf %S5nng whOSt s1G
ATTORNEY % eS 0pened the argGment Of the common
weaith's case. he held that the prisoners defense
and second that ift was not SecdientH the PRISON.
was not accountable his action. The evidence was
then argued to show that Il was not accidental but
that was the result of the prisoners VIII and in
Then the testimony was gone over, and 1t was ht
that the defendant's actions bespoke reason. ID
If the jury found that the mind of the prisoner was
guilty Of in the And he
was s0mewhst gndeE n the OF rs or Sn the
mnst s Be m9Tde ed II hin the @ egee or 5
ne had demanded his money Of Johnson, and on being
refused, ',cut him accordingly" ..
DECIDE the degree Of crime aud all 5hrougaont M his
murder in the second degree than any other.
Counsel for the defense followed, arguing that the
Mr.. Mann argued. from the accounts of the prs.
ha be wS og Sy b Esd Se n S but he AID
not realize that he had committed so fearful crime
tent willing 10 atone for his eense and willing that
e case pe % red @ as i has been . B Sag
myth; ra..-,.. &c.,. ma ,,.. .no oo,,.,
tion Of the prisoners mind at the time OF the shoot
ing should be well considered for man without rea
result Of reason. And a verdict Of murder In the
second degree was principally asked for,
The charge of the Court was delivered by his honor,
Judge Allison, and the was given TO the jury.
rendered Verac OF euy of ns %dEdr IL the Second
degree, and recommended the prisoner 70 the mercy
Of the Court.
UNITED STATES DISTRICT COURT-Judge
Cadwalader.-The Conrt met this morning to begin
the business and to dispose Of such bills had been
found by the Grand Jury. The District Attorney
stated that there were several cases In which the
United States ready for trial. but In all but one
counsel representing the defense were absent or
otherwise unable to attend.
charged with passing count terfet money, was called.
i. @. Cassidy, counsel for the defendant applied for
continuance In order TO give him time to prepare his
case.
His Honor Judge Cadwalader said that though it
was the custom in the State courts to accommodate
counsel when 1t appeared that there so
dong, such was not the case in this Court, whose
business limited: for In the State Courts where
there is always rush of business these continuRnces
little or Inconvenience; and in the United
States Courts they always caused Inconvenience and
expenses but in this cnse, the District Attorney not
OtjectnR, the application was granted.
There being no other business 70 be taken up, the
jury was discharged until tomorrow morning at 10