The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1869-01-22

opening OIL the COURT yesterday morn
ing, Attorney General Melvin made the
motion that W. II. II. Flick, Esq, be
admitted to practice. Mr.. Flick took
the prescribed oaths.
Gruber rs. The State-upon n writ OF
error to judgment ofthe Circuit Court
of Ohio county, argued at former day
of the present term, Judge Maxwell
delivered the opinion of the Court, re-
versing the judgment of the Court be.
low, and rendered such judgment as the
Court below should have done,-the
effect of which was the release of the
prisoner.
a legal gentleman furnishe s us the
following syllabus of the case:
The ease OF Joseph Gruber. plaintiff
in error, as. the State of West Virginia
defendant, was decided yesterday.
This case was taken to the Court of
Appeals on writ OF error from Ohio
county, and was contested persistently
by the attorney for the prisoner, both
at the last and the preceding term of
the Circuit Court in this city.
1t appears that the prisoner was ac-
cused of getting man drunk for the
purpose OF robbing him, and that he
did rob him Of two hundred and nine
dollars in August last.
The prisoner did not deny that he
took the money, but Mr.. Russell, who
was his counsel, attempted on the trial
to prove that his client was insane at
the time the act was committed. The
Court refused to allow him 70 do so on
the plea of mot guilty." discharged
the jury in chief and empan neled a
special jury to try the special issue.
which last jury brought in verdict
that the prisoner was sane at the time
the robbery was committed.
At the last term OF tho Circuit Court
the prisoner WAS again put on trial,
found guilty and sentenced TO four
years i'll the Penitentiary.
Mr.. Russell took an appeal 10 the
Court ofAppeals who decided that it
was an error not to low him to prove
the insanity of the prisoner before the
first jury and that it was an error 10 dis
charge the first jury; further as the pris-
oner was once in jeopardy, they could
not try him Rgain for the same oGense
and so ordered the prisoners discharge.
Judge Nash made a motion that N.
Fitzhugh and William a. Quarter,
Esqrs., be admitted TO practice in this
Court. without taking what is known as
the Attorneys Test Oath" and sub
mItted an argument in support of the
| motion.
In the case OF Snyder c. al as. Snyder
ct al, Stanton made the concluding ar
gument for the appellants.
The case of Buchanan as. Reynolds,
from the Circuit Court OF Kanawha
county, was continued.
In the case of Tompkins rs. Vim
troux, Smith commenced his argument
for the plaintiff i'll error, and occupied
the time up to the hour. of adjourn
ment.
Adjourned too o'clock this morning.
GYMNAsTIC ExHIBITIoN.-The Turn
ers' Association gave grand gymnas-
tic exhibition last night in their fine
hall, on Market Street. The attendance
was very large, every available inch of
room being occupied. The exercises
were interspersed with music and every
thing passed of satisfactorily. After
this part of the programme had been
gone through, arrangements were made
for "A social dance, and to u late hour in
the night strains of music and the
sound of waltzin& were borne on the
chilly air. The Germans know better
how to get up and manage such affairs
than our own impetuOus people.
-$ S----
MUNICIPAL CoURT.-The only bust
ness transacted in this Court, yesterday,
new trial in the case of Dean as. John
son Il Co. Judge Good delivered long
and elaborate opinion, reviewing the
case fully, and gave judgement for the
amount mentioned by the jury in their
verdict, less $40, for which Il receipt was
filed among the papers. The demurrer
filed in the cnse of Spindler rs. McCully
WAS overruled, and The case set for trial
to-day.
Court adjourned to 10 o'clock this
morning.
a Card.
Editors InteILigenccr:
Desiring the success of the Citizens
Ticket at the coming municipal cleo
ton, 1 respectfully decline the nomi-
nation for the First Branch of the
| Council from the Fourth Ward, pub
lished in your paper OF yesterday.
THOMAS G. CULBERTsoN.
| WHEELING, January 81, 1869.