The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-02-02
LEGAL INTELLIGENCR.

Court of Quarter SeAstons--Judge Pierce.
miscellaneous business was before the Court.
Commonwealth ex rel Guinzburg VS.. Sheriff.
This was an application for the discharge on
over upon the oath of Wilson, Guinney & co. TO
answer a charge of attempting to cheat and
The allegation ofthe Commonwealth was that
Guinzburg was indebted to the firm Rbove-
named in a sum am mounting to more than 5000; D
that one of the firm called upon him to pay
something on account on the 8th of january;
and that he said he was entirely unable TO pay
Then the defendent requested Mr.. Gone to
accept Of him n Judgment for more than his in
member. In this was the alleged crime the
defendant wishing to place his money and
them. Mr.. Cone declined to aeeeptth judg-
ment and atterwardS tninzpurgI were AeYled
These facts as offered to the Court, counsel
for the prosecution held to be suftcient 70 send
the case to q Jury. , James =: Bnlllttt tsq:i to[
wereJwitnesses present who could throw some
light upon the matter OF the confessed Judg-
not fraudulent not being for a larger amount
the prosecution deeeqnedf tSan But council os
leaving the Court to infer from the Testimony
Of the prosecutors, that their judgments were
But witness for the Common wealth said
| that defendant had told him one day in speak,
ing of the matter that he knew he was a eriD1i-
nal, but that the creditors ought TO pity him as
he was talked into it, and, also, that when they
! went to defendants store to levy on the goods
it appeared that great part OF them had been
| removed, but that such was not really the case.
! $ But the Court, upon the whole Thought the
case was a fit one for the consideration OF a
jury, and therefore held the defendant to
! answer. a,nid UagI uf lIluT aJOliDa go ..#..
| Brewster came in, and, together with his Honor
| Judge Perce, held q Court OF Oyer and Termi-
! the charge of the murder Of Charles I.aret on
the morning of the 18th of December last, and
| Thomas j. Worral, Esq, applied under the
two term act, for the discharge of Gotleib VIII
of October last, found true bill charging the
! defendant with the murder Of Eliza Miller, and
| that the defendant has lain In prison for two
terms without having been tried, 'I1lT
The District Attorney answered that the
trial of the prisoner had not been postponed
| through the neglect of the prosecuting officers
nor through the malice of private prosecutor
whose evil designs were being gratihed by the
prolonged Incarceration of the prisoner but
through legal disabilities on the part OF the
Commonwealth, namely, the illness of awitness
%ithont whose, nose, presence the case could not
Oftef1 prisoners have been kept confined for
longer time than two terms each because OF
necessity, the sickness of the prisoner himself
and other lawful reasons. When the sessions
were quarterly, prisoners have lain a whole
year without trial. Now, because the Com
lnonwealth have been, unayoidably delayed,
and an 1 the defendant kept in prison four months,
munity? -- pi ...iu. .'#aht 9eIN ei ll ..-1 q.
Mr.. Woral then read the words of the act:--
And II such prisoner shall not be indicted and
tried the second term, sessions, or court after
his or her commitment, unless the delay happen
oh VIC WIN INC -tlSbeuGl OF Lne
defendant, or upon trial shall be acquitted, he
orshe shall be discharged from inprlsonmenE"
and argued that there was not one word In the
act to justify the Commonwealth in making an
application for the continuance OF the case.
The Court said that the case had been con.
tnued on account of the inability of most
important witness to attend Court, and not
through the neglect OF the Commonwealth.
And, moreover, the case had been called for
trial during the first term after the commit
ment of defendant and had through the appli-
cation of the defendant, been postponed for
several days. And the Supreme Court
had held in a similar case that a continuance
was Just and legal on account of the absence of
the District Attorney upon public business.
Taking these facts into reconsideration, the Court
decided that the application of the, Common
wealth should be granted, and the trial OF the
case postponed until next term.
Hon william, M il1Igor,,, T,iractor furnishes