The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1869-01-15
LEGAL INTELLIGENoE.


Thompson. aud Judges Read, Shsrswood, and
ms.-Frank VS.. Colhoun and Edwards.
GiI0f 10 me ssa fnst,c Asna,U aaisSr,nyy
the opinion of the Court, rendered decision oi
great public imporLRnce5to the effect that con-
tracts or agreements made before The passage
oi the law by which eenosoks were made
legal tender in pay OF debts, In which The
DEBT is made pay soie in gold or silver coin.
must be paid In such coin or the mai ket value
The srgum ent list Is still before the Court.
COURT OF QUARrER SEssIoNs-Judga Brew
Assistant District Attorney Decnert pro
Several days since, among the prisoners
brought up TO court was one Daniel Say ers.
charged with entering house with intent To
of uying speedily. But before the case was
called for trial William 3. Benedict appeared
as bail for the prisoner, making oath that ne
owned the houses Nos. 1926 and l62S Greeu
street. and was worth over aud aoove mis-
Liabilities at least $1,000 and upon this oath ne
WAS sccepted as security and the prisoner set at
liberty, On the very same night he was
arrested for the commission of fresh burglary,
and suspicious were aroused that the bail was
mere straw. An investigation was at once
instituted by chief Detective Eneu and in
consequence of IL Benedict was arrested for
perjury. This morning he had q prelimi nary
nearing before his Honor, and the testi.nony
given by the detectives was TO the effect that
The properties IN Green street, above Sixteenth,
aid not belong TO the accused and never were
his, that he uid not reside at No. 62S Green
street, which he had stated was mis- residence.
and tnat upon his arrest he acknowledged that
he OWL ed nothing save what his back,
and had been made drunk ana induced ny
other parties 10 do this.
Judge Brewster Temared that II such proceed
iDgs as this were 10 be tolerated, evil miuded
PERSONS might as well carry In their pockets
the pIis on Keys, Tor they could lbeTate wnom.
soever they pleased. Here was defendant ia
custody, whose case the Commemorative Off.
Ger had wished to prosecute speedily, and the
accused had stepped between the prisoner and
justice, and by perjury SET him at liberty; and
mad IL not been ior The vigilance OF Mr.. Eneu In
detecting The imposition, The community might
well have a. ked for what purpose our courts
and police force W re established Ia dlsposing
of he case, though he couId not sit at the trial,
he would suggest to the District Attorney tue
proprieiy OF hastening ~ 10 the Grand Jury.
He held The defendanJ iu 5000 bail To answ wer at
the present term of The Court
The McE<ieVe Homicide.
COURT OF OYER AND TRIMMER judges
Allison and Ludlow.-In the case OF Jonn
Dougherty and Henry schnatz. charged with
delphia, on Sunday, November 10 last, the jury
rendered II verdict OF not guilty to ooth, the
District Attorney having virtually abanGunsd
The prosecution rs TO SchnaiZ.
The Burns Murder.
The case OF the Commonwealth VS. Samuel
Holt. was called for trial this morning, Jne
prisoner being charged with the murder Of
Christopher Burns on the night OF October l3
last, at the corner of Fourth and Monroe streets.
| A motion WAS made for his discharge under
| the two term rule, arguing That the act of 1885
hsd been repealed by The act OF 1860, and there
fore the proviso in The act of 1867 saying that
nothing In that act should he taen TO feet the
act OF 1885, was simply n nulity, the latter act
| being no longer in existence. and the prisoner
| was entitled TO his discharge II he had re-
mained In prison untried two terms of the
Court as they now stand. The Court was not
| disposed TO grant the motion, but continued
| the matter until Saturday, the 23d instant, and
directed the trial TO be proceeded with this
morning.
| The morning session was consum ed In the
empanelling of q jury.
| DISTRICT COURT No. 2-Judge Greenbank.-
| SeyberJ vs. Junker. An action to recover
| damages for q breach Of contract for q Limited
| partnership in a bakery. The defense alleged
! That the plaintiff, as u consideration for the
| contract, had covenanted to advance the de.
feDdant $1,000. This he failed to do; an though
| he did In The course of business, loan him
money. he took promissory notes as security y
| for repay ment, going TO show that the origi na
| idea OF partnership had been abandoned. Be-
fore reported. Verdict for plaintiff, $3.50.
| John s. Hoffman VS.. Joseph l.. Lugar. An
action on a promissory note. No defense. Yer
| dict for plaintiff Sis 81.
| Goddefroy, BJanker IL Co. VS.. William Bald
| win. An action TO recover damages for az
alleged breach OF contract for the delivery o
oil. On trial.
COURT OF COMMON PLEAs,-The claims of ict
dealers against the city for damages for tn,
appropriation OF their properties along the
| Schuylkill by the Park Commissioners, wer'
| TINS morning argued before his Honor Judge
! PeirCe