The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1869-03-25
LEGAL INTELLIGENoE

SUPREME COURT IN BANG - Chief Justice
Thompson and Judges Read, Agnew, aud
sharswood. The following judgments were
Graham VS.. Lane ct al Error to Common
Pleas OF Susquehanna county. Judgment re-
VeIsed, and v. 1. d. n. awarded. Thompson, q j,
The borough OF Mauch Chunk vs. Shultz.
Error to Common Pleas Of Carbon county.
Judgment afhrmed. Thompson, q. j.
Crawford We. winner. Error TO Common
Pleas OF Lycoming county. Judgment affirmed.
McMinn vs. Farren. Error to Common Pleas
Oh o., Ly coming county. Judgment affirmed. Per
Wykoff vs. Hughes Error TO Common Pleas
OF Oh wayne county; Judgment affirmed. with
The Dime Savings Institution vs. The AIlen-
town Bank Judgment reversed and v. I. d.n
owen B. slsiey VS.. The Borough OF Bethle-
hem. Error to Common Pleas ot N or than pton
county, Judgment affirmed. Agnew, j.
Davis Decree reversed and decree entered for
appellant. Agnew, ]. Read and ShSrswood,
Burn & Kern va. Fink. Error to District
Court OF philadelphia. WITT OF error quashed.
Williams, j.
ihe Brodhcad Murder Sentence OF
Death Affirmed.
William Brooks and Charles Orme vs. The
Commonwealth. This was q writ of error to
the Oyer and Terminer of Monroe county, the
plaintiffs in error having been convicted at
StroudsbuTg, and sentenced 10 death for the
murder of Theodore Brodhead.
The deceased kept the hotel known as the
Brainerd House. at Dutolsville. Monroe county
and one morning In November last, upon re.
turning home, after q short absence. was in-
formed that his money drawer had been robbed,
and the plaintiffs In error were the robbers.
He and his brother Thomas started in pursuit
of the plaintiffs and overlook them on the
highway, and, telling them that they were
suspected Of the larceny demanded that they
should return to the Town, Orme consented to
go back, but Brooks refused, and one OF the
Brodheads laid hands upon him. saying that
Orme here attempted to throw some money
over an orchard wall, but two dollar note fell
h. lhnn
stopped TO pick It up Brooks levelled q pistol at
his head. Theodore warned him not to fire.
and,he turned aud shot MIN, Theodore, through
the heart. A scuffie ensued between Thomas
andlthe plaintiffs, In which several pistol shots
were fired, and the former so badly beaten that
he sank to the ground exhaust ed, and they fled
But they were subsequently arrested, tried, and
convicted.
At the trial their counsel advanced the point
that the BroaGheads, being but private citizens,
and having no warrant, their death, resulting
from resistance TO the attempted arrest. was
not murder but manslaug hter This the Court
below refused to affirm, and this formed the
principal assignment OF error. IL was argued
fully week or ten days ago. ana this morning
The opinion Of the Court. after stating the
facts Of the murder and the alleged error,
TIt is an answer 10 this point to say that 1t
from the jury, aud to say hat the crime was
only manslaugh hter. Though the arrest bs iIle-
gal the kpg or woou sson nGo of a oe s 1a
mained. The illegal assault will not reduce the
offense to manslauRhtef where the revenge is
dispropOrt ionate and barbRrOus."
"Thst on the commission OF 9 felony private
person. making fresh pursuit on reliaole in.
only Of England. but Of this State"
"Upon probable suspicion, also. q private per.
son D may aprest the feion or other person SO
"if an innocent person is arrested upon sus-
nSiyaus RlsSpa Is psysss EXCUSED fsoSs
was in fact committed, and there
oRS
mitted by any one. and a private individual
s6onss ooar wona be he aetsd
upon Information from another which he had
reason to rely on"
is only probable cause of suspicious n private
person May without warrant at his peril make
Of OF proving the felony viii justify the arrest"
The sentence Of the Court is affirmed. and
the record is remitted for further proceeding
II fully concur in the reasons OF my brother
Agnew for affirming the 1udgmens OF the court
To that portion relating to private arrests IN
not prepared to assent. nor yet fully to dissent;
but concur in the result determined on."-
ICoURT OF QUARTER sEssIoNs-Judge Peirce.
the dock this morning to engage the attention
William Kleist pleaded guilty to the larceny
of coat from the front of q store.
practice OF going to boarding: houses at the
hats, ETC.. belonging to the boarders.
A boy named John Geer plead guilty to a
charge OF cutting lead pipe from the cellar OF q
gentleman's house and taking 1t away.
Jacob Mann. alias Peacock, plead guilty to o
charge of the larceny Of boots from Jacob n acs.
and Lilly Mann. alias Norris, was put upon
trial, charged with the same offense. This man
is the well.known thief who, on last Friday
evening, with his "pal," entered Mr.. Naoe's
store, No al2 North Second street, and. under
pretepse Of an intention to purchase, managed
to get several pairs Of shoes and boots
happened TO be detected by Mr.
Nace's daughter, who gave the alarm. The
woman ran, but was pursued and overtaken
by Mr.. Mace, who arrested her. not without
receiving several blows from Mann, who has .
tened to her rescue. When she was handed
over to the police authorities and searched,
this lift pock ct foand to be literally full OF
foot gear. She also gave the officer the key to
q room in Second street, occu pied by herself
jimmies and other burglars tools.
These facts. as already stated in our local
columns, were proven al the trial, aud the un-
fortunate woman's only reply was an argu-
ment by her counsel, +. Amedee Breezy, Jr.,
which had not been finished when our reporI