The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-01-22
LEGAL INTELLIGENCE.

Supreme COurt-Chief Justice Woodward, and
Judges Thompson. Read, and Agnew.-Pennsyl.
wanna salt Manufacturing Company VS.. Eliza Jane
Neel Error to Distinct Court OF Allegheny county.
Judgment reversed and venre facas de noYo
Warner vs.. Hoffman, non pros Lawrence VS.
Insurance Company, non pros; RalStOn We. Muller,
non pros; kennett Square VS.. PIerson, non pros;
Iuloch vs. Worrall, non pros; East Pennsylvania
Railroad VS.. SchOllenberger. Argued by f. w.
Hughes, Esq Tor painuff IN error, and D. w. Ryan
and Benjamin w. Cummings, Eqs., for defendant
in error.
District Court - judge Sharswood.-
b. Bailey & Son VS.. stephen Flanagan, owner or
reputed owner, and Thomas NJ. PlOWman, con-
tractor.
action to recover damages Tor alleged excessive dis
tralnt for rent in anear. Verdict for defendant
District COuTt-Judge Hare.-Osborn Conrad
for defendant,
Thomas MollOr & Co. VS. Jos. Way, trading as E.
speakman for plaintiff; Woodward for defendant
Shutz g. Gardiner vs.. John O'Byrne, admlnstra-
tor OF Margaret DunleyY. An action on book ac-
count. Verdict for plaintiff, $6073
Court of Oyer and TermIner-J Judges
Pierce and Brewster-Messrs. I. B Dwight and
John o. BYrne, Prosecuting Attorneys.-F This morn
ing, in the case of the Commonwealth vs. Bastian,
the especial venire OF jurors was returned and after
considerable parIey jury was empanelled; Mr..
reading to the jury that part OF an act of Assembly
which defines murder in the first degree; explaining
the meaning Of the act; making a few remarks con-
cerning the different grades OF murders and stating
the following facts as what the Commonwealth
I
in his bar-Ioom, at the southwest corner
OF Federal street and Passyuuk road, ON the
evening of August l, 1866, when Bastian, man
named Finney, and some Others, entered the p ace
for hquoT Some spots the clothes of the deceased
were remarked bY Mr.. Finney, and in consequence
o. something said hard words arose, and finally
blows. A man named Hamilton was throwing bot.
ties at Fnney and Harmer, at door thrOu IN which
Bastian had passed. Bastian went to the Kitchen
got gun, and fired ut Harmer, the load taking
eff Ct in the body of the deceased and causing his
death.
Thomas nolv-T am a survovor a, Tho I1irs. Dis
tTlct; my business is TO take surveys of premises,
etc, and make plans from the surveys; drew that
plan OF the house OF Peak-the house on tue south
west corner OF Federal street and Passyunk road.
plan OF the bar-rOOm, fixtures, and kitchen were
produced by the Common wealth 60 this witness for
ldeniiheauOn lhe defense objected to the Offering
Ci he plan in testimony because there argu-
| ment and also because the plan was imperfect in
| SCI eral respects
lhe Court ordered that the plan be withheld until
! all the deficiencies shall be supplied But after
wards the Court said that this plan offered by
tre Commonwealth. If 1t was competent testimony
would be allowed in; If incompetent it would be
excluded. III the defense wisi ed TO have another
| y IN, tneY themselves had right to procure it,
| Mrs Amanda Harmpr--l am tae widow OF James
| l. Harmer; was living August last at No 1908
| soutn Filth street: my husband was brought home
dead about O'Clock N the evening OF August the
| post mortem examination was mace upon his body
| Nv DIR Shar leigh, at my house.
Dr. e. b. Snapleigh-I was the physician of the
| late oroneT, and made post mortem examination
sly gun shot ", unds in front of the lett arm-pt,
vii, IN a circle whose radius was about an inch and
half; the balls passed in between and through the
| RIBS tTaetunng the second rib phrougn the upper
aTt OF the left lung, the upper part of the heart inc
lower part OF the right lung, and upOcr part of the
liver; these are three OF the balls found the bod
| tWIiness showed them to the jury.) If theV were
r,Und they would DC about the size OF large pea
| he organs have mentioned wore very much
| riddled; James I. Harmer came TO lns death IN
| conseonence of the wOupds have described
| CTossexamned-I 90 not know where or how
| the wounds were received; the bullets passed
lIomthe aTmpt OF the left aide TO the eleventh RIO
| ON tbe right sidei n deceased had been erect The
0un that made the wound must nave been pointed
| dOwnWaIds.
| Ex. OrOner Taylor was the late Coroner OF the
| eOlnty; / held an inquest upon the body OF de-
coasedj was AZ the premises southwest corner
| OF Federal street and PassyUnk road; | received
this gun from SIR. Peak; IA gun was then handed 60
| the wltpessi) have bad It IN my possession ever
sjncei my private mark is upon ti Peak gave Il 20
| me at my Office
! CrOss-examined-Th subject matter OF che jurYs
verdict At the hearing was that deceased came TO hs