The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1869-07-12
LEGAL INTELLIGENCE.
Court Of Quarter ses.icn.,-.Iadse % Pelrce'


THE CONTESTED ELECTIONS.
This morning Judge Allison came into court, and,
Meu0 70 o e % coapS ,Se smoy n
these cases, said that after consultation with All
should Se na the should close
by this day two weeks, and the petitioners should
nave but one week thereafter for Offering their tes,
every day in the week II the parties should so re-
fixed for the argument Of the cases.
PRISON CASES.
John Sullivan. an old man. was convicted OF q
charge OF entering house with intent TO steal He
was found in the cellar Of gentlemans residence,
and gave no other explanation than that he fell
down there while drunk.
William Cunningham convicted Of assault
and battery in resisting police oficer who at
derly.
some clothing, which she stole from gentlemans
house and pawned.
Jane stiilman was convicted Of the larceny Of
clothing under circumstances similar to those Of the
preceding case,
BAIL CASES.
The prisoners in the dock being disposed Of bail
cases were next called
CRUELTY TO AN1NALs-THE UNION PASSENGER RAIL-
WAY COMPANY IN TROUBLE FOR Overlooking CARS.
The first case upon the list was that OF James
Lewis and John Glavin charged with cruelty TO ami
mails The defendants are the conductor and driver
upon one Of the FaiTmOunt cars Of the Union line,
and are prosecuted under the recent act of Assem-
bly,, approved on March 20 Of this year.
Prevention OF Cruelty to Animals testified that i'm
consequence Of repeated complaints made to the
Railway cars he was instructed TO look out strong
case that 1t might he brought to the attention OF
the courts. Accordingly on the 9th OF last month,
he, i'm company with gentleman named Williams,
walked out the line OF the road, and after no
tcing several heavily-adened cars, but drawn
by good stock, at Twelfth and Spring Garden streets,
about four O'Clock in the afternoon, saw car No.
literally packed with persons and drawn by only two
horses, one of which was Jogging along with droop-
got TO the platform, squeezed into the car and
counted upon it over sixty grown persons, and some
six or seven children. At Sixteenth street begins
quite hill, the rise Of which to Seventeenth is nine
feet ana here ne ne dnir ana several m al passengers
Twenty-third and Brown streets is another hill,
which continues to the depot in Brown street. The
car wa quite full until 1t reached the depot, and
here Il weak horses before mentioned, when un-
hitchec seen ed TO have lost all energy, and had
actually to be pushed Into the stables by one of the
Compal IS employees. On the way it was remarked
to the cnductor that he had heavy load, and he
replied hat there were about forty passengers.
Upon examination the witness said he heard
that at Twenty third street another horse at
taCbed to the car making three for drawing 1t up
the hil but he did not see it, and also that he did
not know anything OF the average drawing capacity
OF horse upon cobble-stones.
This testimony was CorrobOrated by Mr. Williams,
and then the prosecution closed.
On the part Of the defense it was maintained that
when 'this railway company was incorporated by
the Legislature their duty was to transport citizens
| from the Navy Yard to Farmount Park, and no
| restraint whatever was placed by the Legislature
upon their manner of performing this duty nor had
the municipality seen t to interfere in the matter
and therefore the managers Of the road had never
conceived it to he required of them to deny to any
citizen the right of riding because seat could be
Afforded him. Instead of considering il an outrage
to be thus compelled to stand, such citizen would
| rather be offended at being refused admission INTO
the car. The grade of the part of the road mostly
complained Of, from Twelfth to Eighteenth street,
| was an up grade OF one foot to the hundred, and
| that the whole road was a series Of up and down
grades equivalent to a level road.
The load that was upon the car on this day was
extraordinary load for two strong, healthy horses,
| a gYrRh hI.r. - ranE
and exhausted being hearty, and holding his head
down by habit and not from fatigue Also, this law
was to be administered fairly and unless the
ductor and driver were found TO have overloaded
the car maliciously, wantonly, and cruelty, they
could not be convicted. On trial. Gustavus Remak,
Esq, for the Commonwealth; David w. Sellers ESQ.,,
for the defense