The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1869-01-25
LEGAL LNTELLIG EN- CE.

COURT OF OYER AND TERMINER Judges
Allison and Peirce.-rhe Court met this morn.
ing tor the purpose OF resuming the trial OF
homicide cases, number of which, notwith-
standing the labors of the District Attorney
during the preceding part OF this long session
Of oyer and Terminer, remain yet to be dis
posed OF. The case of los. M. Donahue, charged
with the murder of James Dempsey on the l4Gh
il slant was called; but counsel for the prisoner
represented to their HOnors that they had not
had sufficient time to prepare the defense, and
asked TN Rss bnt e hsy hsying la laid So
legal grounds for such an application, the Dis
trict Attorney opposed IL, consentlng, however,
to continue the case until Thursday next,
which proposition met the approval OF the
Court, and had to be accepted by counsel for
The case of the Commonwealth VS.. Hagan
was next called for trial, and the defense being
prisoner, a young man, is charged with the
murder Of Frederick Winter on the 18th of Oc-
tOber last, under the following ctrcnmstan-
cesEAs Mr. Winter on the day in question
was crossing at Seventh aud Sh1ppen Streets
the. defendant was driving a milk milk wagon
over that gentleman; he In order to save
himself raised his cane and struck the horse
mon the face, and the defendant jumped down
and struck him upon the head; he staggered
dropped upon his knees, and fell forwards, aud
died Immediately, or q very snort time after
wards The defendant is on bail, the Common
wealth not pressing for murder or the first
degree The main features of the infiction of
the blow by the defendant and the death of the
deceased were not points OF contest; put the
whole case hinged on the question Whelher the
ugSy IT, u B. Shapleigh sworn-I made a post.
,nnrfem examination of the body of Frederick
Winters at the rear of No. 6Oo Wall street, on
the l4Lh OF October last discovered slight
hrnise an inch and half above the left eye
broyV: IL was merely skn-deep, and very slight;
coming in contact with any smooth instru-
,h1s was me only external mark of violence
thai discovered; 1 do not think such wound
think that would have broken the skin;
it might have been produced by
hrsin between IL and the brain sack, and about
the medulla oblongata, the commencement OF
TIC sninai cord q clot OF blood; the Immediate
i ~ death was the compression of the brain
from the clot; fall or blow from the fist be-
ind the ear might nave been an exciting cause
Of the clot; q clot can be produced in that way;
n cIot SO produced might be found directly
nnder the place struck, or in another part
Cross-exam ined-The subject was rather fat,
hut of sickly appearance; the face appeared
putiy-lke; all the tissues were fl abby and greasy
diIated and diseased; the color of the muscular
part OF the heart was greyisb; the internal
lining membrane was of dark red color,
almost maroon color, either from inhamma-
ton or a bToken-down condition OF the blood;
the liver was at light, yelowish color, instead
OF dark red; the texture OF the liver seemed
Sranuiated and greasy TO the feel; the
liver and heart were in condition
known to physicians as fatty degeneration;
he was quite tall and stout; the bruise upon the
forehead might have been inflicted by the hand;
there was no other external mark OF violence
on the head; cannot tell whether the blow. the
fall both, ,weIe the cause OF that clot; Judging
from the diseased condition OF the heartand pre-.
disposition to apoplexy. this clot of blood might
have been produced by surprise. emotion, or
passion: had been unaequainted with the cir
camBtanoea Of this case, think that upon post
mortem examination 1 would have concluded
that death had been caused by apoplsxy; there
was difference between this brain and that
ofOne who might have died from apoplexy.
The case has not been concluded.
DIsTRICr COURT, NO. Judge slropds~James