The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1869-10-28

8. The learned Judge erred in permitting the
Commonwealth, in cross-examination, to ask
Mr.. Brooks If he did not seize whisky at Mr..
Martins store two or three times
.. The learned Judge erred in admitting the
testimony of Mr.. Tryon in rebuttal.
1e The learned Judge erred in refusing to
allow counsel to correct msstatements of evil
dence unintentionay made by the District At
tOrney in his address to the jury.
II. The Judge erred in instructing the jury,
that If they believed defendants were present, IL
was immaterial who fred the shot or used the
blackjack; under this Indictment all would be
convicted as principals.
12. The Judge erred in sending for the jury ut
the time and in the manner in which he did 1t.
49, The Judge erred in taking the verdict on
Sunday.
IL. The verdict was against the law and the
evidence,
1t is understood that Monday next has been
fixed for the argument.
Court of Oyer aud Terminer-Judgos Ludlow
and PaNsOn.
THE MORTON HOMICIDE.
In the case of Daniel Reading, who is on trial
for the murder of William Morton on the 18th
of October, 1868, before reported, the principal
evidence adduced by the Commonwealth, after
the close of our report, was that of Moses Low
ther, who testified as follows:-
| knew William Morton; remember perfectly
well the night he was shot; standing ut the
open end of Creasys bar; when he was shot
was outside ON the pavement; when shot he was
standing some three or four feet from a bill
board ON Tasler street; there had been some
three or four knock-downs in the bar-room,
which was caused by some haf-dozen young
men coming into the bar-room with pistols and
guns under their coats, cheering, some for Grant
and some for ColfaX, and some for Seymour and
Blair: they rctreated to the Sixth street door,
turned, and fired all together and then ran
into the street; one of them stood on
Tasker street and fired; and one young fellow
Morton, put his hand upon the bill board, cried
out:-"My God, am shot' and fell; the man
H. 4 tl,, i, H., 1
Readings another man fired two shots from the
middle of Sixth and Tasker; Morton had made
this exclamation tcfOre this second man had
fred Reading then called to this secoed man to
follow him. saying ''McManus was shot" and
then ran up Sixth street; | chased the other man
down Taskerstreet as far as Henry Morriss gate
where half dozen shots were fired at me and
had to stop.
Cross-eXamined-I am a blacksmth's helper
working at Farmount Park; | worked before
that with Morris IL Tasker; before that | worked
at Merricks s. between my work at Merrcks and
with Morris 4 Tasker was undergoing chastise-
ment at Cherry Hill Prison, for folly l applied
to Judge Ludlow for aid in getting through this
world and by his assistance obtained employ
ment which have held steadily and soberly:
was sentenced by Judge Ludlow on the 25th. of
March, 1864, and discharged from the
PenitcntiaTY on the 25th of March 1867. I have
not been in prison since; just after the party at
the door fred into the room, and the heaviest
part of the firing was over, a man named
Smith came in, and some one inside fired at
him: this was before Morton was shots Morton
| was an innocent youth and had nothing to do
with the fight or either of the PARTIES he did not
| follow these parties out; he was shot after the
| cross-fring at the door; the first shot knocked
| Morton down, and the man who fired that ran
| out in the street to another man, who Then fired
a second and third shot; did not say to William
| Ellinger at the hospital that would swear the
-- were Dan Price, Kit Manley, and
| Daniel Reading, that Kit Manley shot me- and
ina yuol frin oE !, l.
! would swear him into the Pentcntiary, if hard
| swearing would do it; | was too low to converse
| with EllingeT, and the doctor cleared him away
| from my bed
Catharine Morton sworn-1 live at Cub1 and
| Tasker streets; William Morton was my sons he
! was brought home between and 9 o'clock upon
a settee; there were cakes of blood on the settee
from the tops of his boots to the top of.his head
| he was shot in the thigh and palms of his hands
| and ball passed through his boot.
| Here the Commonwealth closed.