The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-01-26
LEGAL INTELLIGENCE.

sheriff. lhte was q hearing on q writ OF ha0eas
was bound over upon the oath of Albert LennOx 70
answer the charge OF perjury. The evidence was
that DennOx, as agent lor ships in New FORK, had
engaged o'Rourke as aseamsn; that o'Rourke made
but part Of the voyage, and returned to Philadelphia
Exchange Bank for $50. part payment on the debt.
Afterwards O'Rourke sued Lennox before an Alder
man for the who origina debt and swore that he
had received nothing from LennoX on the debt and
Lennox produced before the Alderman the check he
had given O'Rourke.
plaintiff should be sworn hIs own SUIT, and II he
were, the oath was extra judicial. Lennox did not
positively remember that O'Rourke had been sworn
in making his statements. But Mr.. Temple, men,
Der OF the bar, who was counsel for DennoX at the
sut Testified that when the perjury was committed
with obtaining money under false pretenses Lsn.
nox gave o'Rourke check for $40 on firm with
he had received no check. But Lennox COM
menCed this prosecution before the prosecution
against him had been disposed OF, therefore the
Court ordered O'Rourke TO be discharged.
Commonwealth rel. Isaac Stead VS.. The Sheriff
THIS was writ of habeas corpus taken out for the
discharge Of Stead who was bound over on the oath
of John jenkins 70 answer the charge of cOnspi-
Government. He employed man to buy unstamped
from Stead, in order that he should have suf
fcient grounds for bis arrest Afterwards this em-
ploYe was arrested on charge of obtaining goods
under false pTetenses. man then went before an
Alderman, swore that Jenxins made his hylng by
the most dishonest means and that he had aided
and abetteu this man Holstein (who had been
arrested) In obtalniDa goods under false pretenses
] 49,,
| Stead paid Tor the warrant. .....
Mr.. jenkins afterwards charged Stead with con-
spIacy to accuse hlm OF crime and to have him
there was sufficient evidence to go before the jury,
and therefore held the defendant for lr1al.
! An application was made on habeas corpus for
the DISCHARGE Patrick Benson from the service OF
the United States navy. Benson has wife and five
! little children. He was out OF work, and on De-
cember 49, while intoxica ed, was enticed INTO
! enlistment in the navy. 1t seems also that some
one who took an oficia part IN the enlistment got
/ his from him The EOurf RFanted the dis
! charge upon condition that he would pay, by
| weekly nstalElents, his indebtedness to the Gov
| ernment, amounting TO $50.
| Court of Oyer and TermIner- Judges
! Allison ana Pierce In the case OF the Common.
curing the october term, a motion in arrest OF
! judgment was made argued, and held un1er con-
sIderatiOn. This morning the Cou gave a decision.
| The first ground upon whIcd the motion was made
wac the the trial was mis.trial the defendant
having been absent from court during good part
of the proceedings. The trial of feonlous homi-
eide does not really begin until the jury have been
sworn. .rt
custody under the twoterm act, and, whether under
advice OF counsel not lett the Court, and in his
absence jury was empanelled defendant, when
his life peril has the right to be present at the
selection OF the Jury who are 10 pass upon his guilt
or innocence Therefore the Court ordered that the
verdict be Get ASIDE and the prisoner be allowed to
! enter his own recoRnizance.
Also in reference to trial after discharge under
tie two-term act the Court stated not O decided
opinion, but as conv,cuon made bv careful con
sideration that their conviction was that atterlsucl
discharge, man could not be tried upon the sam
bill OF Indictment.
Court of Common PIeas-Opinion by ALI
son, p. J.-lhe surviving heirs of Catherine Yoh
fled in this Court their petition for the appoint
ment of appraisers, as provided for in the eight
section of the act of April 16 1912 Pamph. L. 537
toNth ascertainmeDt OF such dana ges as they ma
have sustained by reason of the occupation Q
Jones Hotel" in this city. the property, of tn
preston of the late Rebellion. -
The report OF the Appraisers Is before us for con
undpr iDRtructiOnR. the Drincnlas tUh
guide them in making up their award. The pet
loDers g aimed that they had sustained loss of a
least $4,000 in addition to the loss of rent for tn
damages at $4,000
the property at Sberis sale. on judgment Obtaine
mortgage for $37 600, the interest of which re
mained unpaid, as the petitioners claim, by reasOl
of the damage to the property, committed by thOs
who occupied 1t as bsrrack for soldiers, and as
place,ior the storage of arms and ammunition.
Tie testimony taken BY the appraisers establishes
beyond contradiction the serious damage done Il
tenantabe, that loss OF rent resulted the lnteros
on The mortgage became in arrear, and by reason o
non-payment of interest, judgment was obt4ined ol
the mortgage, and the property sold TO- SIS 0)0
much less than the real value. ID. ..g.. .,..
The testimony further shows that not very lon
before, the properly was put up at public sale, ant
bld of 500 600 obtained for It, which was refused
by the owners. The price demanded was $40 600
and that the purchaser at Sh rifs sale sold il abou
SIX months thereafter, at private sale. for $50 0OC
and that he claims that he would NOT take $50 on
That the property was sold at a great sacrifice I
clearly established
To make good this loss to the owners the an
praisers have allowed them compensation. Wer
they justified taking this element OF loss int
consideration and making 1t part of their awariI
The act under which the petition is filed does not
we think. contemplate the giving Of remote or con
sequential damages. It provides that where land
or tenements occupied by troops the owners MAJ
apply for the appointment of appraisers, who
aVing been sworn or affirmed to make just ant
true valuation of the alleged damages, shal proceed
10 view the premises, and hear any testimony pre-
senied OF desired by said appraisers.
The compensation contemplated by this section
of the act seems to be for occupation and tue dIrec
and immediate damage TO the real estate, resulting
from occupation of lands or tenements by trooy
raised for the suppression of the Rebellion AnC
, because. under the exigencY Of the occasion land
ana tenements were approprlated without the con
sent Oh tne owheT Ine a @ ae,9 Se ron
this cause sustain or, at least it provided for tn
entertainment Of the amount OF the DAMAGES, look
ing, doubtless, to ultimate compensation OF th'
owner, though the act as 10 payment rs silent
In the absence OF an express agreement, tIecog
nlzes the implied promise OF the state 10 pay 10 IN
citizens the just and true Vaue ofthe damage which
they should sustain DY reason OF the otate takinJ
and occupying their lands and tenements for tn
accommodation OF troops raised under the authority
Otthe Common wealth.
that which results directly and INN ediatelY from
the act itself, but not to give compensation for re
mote and consequential loss II this De the correc
nto account the loss which resulted to the owner
the Jones Hotel from sale OF the property by tn
Sheriff on their own MORTGAGE. 1t by no mean
follows that II rent had been received the Interes
wo1id have been paid, or that the holder of tn
: mortgage wonld not have foreclOsed and sold II
2 order to collect the principal of his debt.
But whether this would have been the case or not
bold y % mot Of ns as we Go not gn
resulting from the sale of the property, on th
, mortgage OF the petluoners, even though such sal
0uence TO the damage done to the real estate by tn
troops who for a time occupied It,
The appraisers should have allowed the petitioner
n lust compensation for rent of premises, and a ~
for the injury done to the properly by the troops