The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1868-12-12

Brewster and Ludlow.-District A torneys sheppard
d4 IN 4s Of William If Gns 9K e'ePh e
OF last month the JnrS this morning rendered Vef'
dict of guilty OIL manklaughter, with accommodate
ion 10 the mercy of tha Court
The Gallen Homicide.
In the case of the commonwealth VS.. Mcbride
and others, charged with the murder of NJ ichael
Gallen in June last, IT Will be remem oered
that a few weeks ago the prisoners four in
number, were discharged under the two term
rule, they having lain In prison four months
without trial. This morning John OByrne,
ESQ, their coupsel, stated to the court that
or eveland h td been s[res.ed upon oenGn warrants
Attorney before The negnning of the pres ant oyer
Mr.. sneppard said he recognized the ru,I i'm port
oftDe question that these iacts raised and did
aEd he Considered II question tnat saouid receive
full argument and tnai decision.
The question, nd essed ne had come in aaprs-
for ana o wo9d reghess en IN ae O91r 10
the meantime give the question as careful an inves'
ME Sheppard added that in case the Court should
continue the aIg1ment he th%ongnt % i well thai the
He understood the discharge under the two term
differentiation of the defendants liability to be tried
or the Commonweaith,s right 10 Try, otnerwlse Il
The defendants mere being sun liable 70 trial though
at large i was proper that the ord1sry bench war
he Tss % desOGs as sc0n s10 that
o. urt, for he could the embarrassing points IL
would present. II the ,two-term rule meant that
tried; it was truly statute o. nmi!ations In Nc
OsbeS case where mis- Honor and Mr. Phillips repre-
his dlsc6arse under The hSbeas corpus act,
s6Spss 6S and
for . benoh warrant 20 bring him IN for trial. Bat
ior the moment the deienGa9t is brought In upon it
am we viii have to grant it, and this can be tspt
so that we cannot proceed with ha case" This wai
sk.n Wi out th aO '"n Ths
might be- zone here in dS ths Ca case oIn nnd 10
charge The de- endAnt. Though he woud be pleased
could not consent to keep the prisoners in Jail in the
Judge ludlow said he could give no opinion at pre-
sent but desred time to look into the Inatter aad
next the pI soners remaining in custt dy
The Hill Murder-Thursday Next Fixed
for the Trial.
This morning the Twitcnells were again In court
exciting the usual amount OF curiosity in the audi
ence. Nj. o'Byrne stated the UOurL that Thurs.
day last he and his colleagues had received no'ice
rom the District Attorney That The case of the Com,
e. Twicheii, would be ca ea for trial % on Monday
next, which he conceived to be- Insufficient notice 70
E HUMBER @ 'sS Of witnesses @ Who yed At dtsacs and
whom II would require considerable lime to procure
would assure the District Attorney they would be
Mr.. Sheppard replied that counsel for the defense
had assured him Il ey wished speedy trial which
hs had romlsed them, and he was surprised at this
request for delay. The prisoners had already had
bad elapse since this eccu renceaBd that was Ger
taiDly more tin than had beeu allowed many defen
to esdy trsi be thossht Ss was oSWns Ssry
dlstinguished example. In BilinGhams case, tried
before Lord Mansfied the prisoners body was living
on the dissectng table exactly one week after the
commission OF the murder. THIS was Justice thong
a little quick. On Monday next he expected to call
the case in pursuance TO the notice given the pri
sOner's counsel -
Mr. OByrne said his was practically but one day's
notice, for Friday was consumed In the motion "a
quash and sunday could not counted To- and they
had not had three weeks times for one eek the writ
of habeAs corpus was pending. He thought IL Inn pos
sibls for them TO be ready before ten days and he
would earneetly request the Curt to graut that time
n, Wi JIudO Ind
low said the Court would fix next Thursday for the
trial OF the case aud would expect both pares TO
ready.
Mf OByrne demurred, out the Court made NO alter.
alton In their determination.