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

LEGAL INTELLIGENCE.
Court of Oyer and Terminer-Judges
Pierce and Brewster-William b. Mann, Dis.
trict Attorney. j. Bradford Dwight, Assistant
District Attorney.
THE CRoZIER HOMICIDE.
The defense argued the drunken condition of
occurred, and the absence of medical attend
ance upon the deceased; and held that If the
defendant was guilty OF any crime 1t would be
manslaughter: Judge Brewster delivered the
charge OF the Court '..
The jury, after being out about tive minutes,
returned u verdict OF murder in the second
degree
THE KERNs AND MCCORMICK HOMICIDE.
George w. Kerns and John ]. Mccormick
were charged with having killed Henry Hart
man, on the 9th ofSeptember last, at Thirteenth
and Wood streets. 4 jury was EN- pannelled and
the trial commenced.
Mr.. Dwight opened the case for the Common
wealth.
DR.. shapleigh testified that he made post mortem
examination upon the body Of deceased and found
G9 bio blood resting upon tn the right hemisphere Of the
q +. Hartman testified it was between and 5
to The house and asked Il my father was n and told
me and an rs Struck rue him MccoTmcR & @ Struck ef ms Rer @
and they began to fight, knocked both Kerns and
held up his arms and fell in the gutter M strSing his
head on the eur6stone the defendants then ran
theE and IN addition st stated that Nr Hartman re-
died; he said he had taken crutch from soldier
The commonweaItn then closed.
The defense alleged that the parties were drunk
crntch. | but it was refused they We're attacked SS
the Hartmans, "a, and i struck Mr.. Hartman because
Gordon Gayitt testified that he saw Smith, the
wounded soldier, strike Hartman twice at Race and
Charles Smith testified he was the wounded soldier
referred to- and that he struck him the back ofthe
head with cane
The defense here closed. and the court adjourned
until 10 O'Clock this morning
PROCEEDINGS THIS MORNING.
Mr.. Kilgore, counsel for Wlnnemore who is
charged with killing Dorcas Magflton, and
whose u trial was liked liked for to-day; & said ,no,
this trial be postponed until the next term of
this Court MY reasons for this are as follows
There are several witnesses who are acquainted
as the prisoner alleges, with material facts
and whom we have not been able to find
There are others residing out OF the CITY,
witnesses whom we expect to be able to pro-
duce upon the trial-one or two living near
Dover Delaware, and perhaps some others in
the West. There are several also in the city,
two of whose names learned for the first time
this morning, and whose places of residence
ii has been impossible to ind. But we are as
sured that they are in the city, and can be pro-
duced.
We cannot show all the facts which these wit
nesses will testify to, for we have had no oppor-
tunity to examine them in reference to what
they know. All our information comes from
the prisoner and his immediate friends. 1t may
| be known to your Honors, perhaps from the
public press, that the accused has not been long
| a resident OF this city although a Philadelphan
by birth. He has been away most of his life,
| and being thus unacquaint ted with great many
persons who have known him, and whom we
! with regard to him, he has been unable to pro-
| duce them here as witnesses.
| have examined about seventy witnesses in
| regard to this trial, and might ask, on per-
! sonal grounds, for continuance of this case.
might IN view OF an the % bf q this
| for myself but 1 assure you will make no
such appeal for myself only ask that this be
! done as a matter of justice to the man charged
! with crime, whom represent.
There is public excitement at the present
opinion, is preiudiciai to an Immediate trial.
! Ifyour Honors please, will call your attention
! to an extract in the Press of yesterday, one OF
the leading papers in this city and in this
nation:-
Yesterday the Grand Jury returned a true bill
murder of Mrs. Magilton. and to- morrow fixed as
the day for his trial In cases OF growing and repul
with ease and velocity. To reach the minds Of muir
this case Tetribnton Should COME swift ana compIete
and II is just such brutal and utterly depraved char
danger the peace and safety ofthe community"
II this trial is to be pushed through without
three days notice to secure the witnesses and
| prepare a line of defense, / endorse most
| heartily the latter part of this clause.
In the case OF murderers like PrObst or Will
| liams, retribution comes swift and complete
| and IL is just such brutal and depraved cha.
| racters as they were which seem now to en-
| Danger the peace ana safety OF The city.
| protest in the name of public justice, in the
name of that man in the dock charged with
this great crime in the name of the rights oil
every citizen in this Common wealth, against
such unjust assertions in the public press. What
right has an editor or a writer in the public
press to say that man is criminal? He stands
charged with q oTi;ae, " Is true hnt the law
presumes him TO be innocent until he is proven
| guilty. The law and the administration of II
In this country is the great educator of the
people.
IL is true, I think, that in this country Jurors
are as much, and perhaps more Influenced by
public sentiment as In any other country on
the globe, and 1t may be also true that some
officials ofenti lines are as regardless of public
sentiment as Jurors are influenced by it, In q
democratic country like our own, with the peo.
pie inflC enced, thus TO place men in the Jury
box, IL would be unsafe oproeeed with haste In
case OF this great magnitude.
Isubmit that 1 have nowhere found, in the
laws OF this Commonwealth, that it is entirely al
the discretion of the District Attorney TO say
that this trial shall be hurried; but 1t must resi-
IN the discretion OF your honors.
have been told that II was necessary thai
this case should be tried speedily, because the
people need to be educated that crime
should be punished Immediately. Tha
seems to me TO be a sad mistake
The moro we familiarze ourselves
with crime and the more the people are edu
Gated in revenge and in a dispositIOn for ven