The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-03-25
LEGAL INTELLIaENCE.
Tor Additional Legal Ne,US see First Pu0e.l

For Additional Legal Ne,Vs First Pd0e.I
Court OF Oyer and Terminer-Judges
ney; r. bradford Dwight, Assistant District Attorney
Ens Annie Mnton Is on the stS of January H 1877
on Saturday, but was allowed until this morning to
Suy T to nj the D G rhe %S
continued until the next term Of The Court.
THE SMITH HOMICIDE
The case of John A. Smith, who is charged with
shooting James Lukens on the 2lst Of December last
Snd % & Ts2 Gd oa T al S az b oe
washington 9glgley southwest corner OF second and
Lombard streets AN hour ana a halt was consumed
Before they We're sworn Mr.. Goforth presented the
murder.
smith. by his counsel. John GotorTh and J: Daross
g. Bryan, moved TO quash the bill of indictment in
dan % Committed By the CoroneT to the county
Prison on the 18th day OF January A. d., 1897. That
answer the % charge Of murder 81 an the tnen ne6
was presented to the Grand jury and found a true
bill by them on the 25th day OF January without any
January was in the then term of said Court,
but was in term other and earlier M than that to
said defendant was by this improper sending Of the
him, deprived of his right OF challenge of said Grand
Jury. That on the I'd day OF February A D. 1867 de-
said bill Of indictment, and upon refusing TO plead,
and standing mute, plea OF not guilty was entered
The Court overruled the motion to quash' The jury
Judge Ludlow then informed the jurors not empan-
nelled that they would be required any longer,
the TO be tried was the last one OF the February
Mr. Dwight opened the case for the Commonwealth,
and stated the facts which he Intended to prove 10 the
jury. The Commonwealth asked for a conviction of
murder in the second degree He then explained the
different grades of murder.
The examination OF witnesses for the Common
wealth was commenced.
Or. John Gegan sworn--I live at No. 9l2 South Sc
cond streets didn't know James LukinS was called
upon to attend a man at Washington Quigey's house
in the month Of December; first saw him in the
evening; don't remember the day; don't know
who came for me; have no minutes OF the time on
my book never make any; it was In the latter part
Of the month: attended the man one week; he was
in weak and deuitated condition: L found him
wound; there was but one wound at the end OF the
week my over him ceased.
ing and seeming to be reckless couldn't say that he
under the influence of liquor; his nervous system
was very much excited; he was very large and
compress over the artery above the wound to prevent
the blood from flowing; the ball went through the
Leg IL open wound both front and rear; 1
gave him morphine, HoGman's anodyue, aud
simple cerate, for the purpose of quietng his
nervous system, and putting him to sleep we
n-potu / him the next morning his condition
was rather improved; his nerves were much more
wound, and thought would let well enough alone
did 50; Isaw him in the evening and ordered for
him little mutton soup and brandy and water:
tenn I took on my compress and put on p6u-
tice the blood had stopped flowing; didn't discover
the end of the artery; L saw him the next day he
improving, physically and mentally; went on
with the poultices and nourshment; 1 saw him
1 didn't him; the sixth / him; he
was improving; the 9th day he went home he was in
saw no reason why he should not get well II he had
received the treatment ii he improved fast
he had didn't see him afterwards.
The Court at 10 minutes after l, adjourned until
twenty minutes Of3.