The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1869-09-18
LEGAL HNTELLIGENCE.
Court of Quarter scssions-Judse Brewster.

Court OF Quarter SessiOns-Judge Brewster.
The Court sat to-day TO dispose Of habeas corpus
JAMES HAeGERTY-HIs ATTEMPT TO ESCAPE.
Tss case s OF James was called and Mr.
writ Of habeSs corpus made two weeks ago for his d
charge under the tyoterm rule before proceeding to
remand e The penitcntis1y 70 uSeTpred
ton for Receiving stolen goods " LOU u"uer 0onVic-
Judge brewster said the Court advising among
themselves as to what disposition should be made
MIR Brooke then moved to strike the rule granted at
the motion of the District Attorney read his motion
which based upon the ground that the pardon granted
t1rsnwitn leave tne was the
His Honor said he could only consider this In The
nature M M6pI Of an objection o 10 to the rule , NJ
sented the prisoner said he desired to have this motion
bis Client wit Of was az '4S gn
@ Same seS % bad d Hen he Bsr n rPs
and simply because he had not prosecuted that citizen
and unjust imprisonment When any such s1SsesioS
wSs s %se ny the % Id 4 should be- with
house without a warrant obtained by oath, nor
stream null fp snG Sa
9ash Is 70 tne ton Oa Ine Tnea why should
fore the court and seek to retain citizen in prison.
had Po %
4 the 20 Of Se ce S 81
the requirements of awy In all this clamor the conne
saGuf S sSs sight
%en i bpe P%oa boz NC suoh i ~ @
against Haggerty to attempt justification Of the msera
Vic Sf S I
would only 6s action Of this T 50 hes4
fecting their dearest rights.
that had always been maintained in such and
PEELED to 6 his oath his bare word
n had das tS S 5
prisoner said he had and his counsel maintained he mad
then S S sRs Sse T be s % bn
rule of the District Attorney bringing forward the matter
Court for the authority Of case before Recgrder Rich
1Ed in then % S
making motion affecting the liberty Of the ctizen was
1DE D 4aseT Replied that in his
these ideas OF % fer the We're erro
and his deputies invested with the power Of raising
By sP
as sSy Rs by the the in
Mr. Mann reiterated that the matter of the pardon was
and
the %0tn ought to S.S be g stricken OH s nation 70 strike off
iSohS he had but little i ANY IGuty I Whether the OOg5
the James Haggery that was convicted and pardoned
% he s Ills
SSS
Soss e ae OF mn aS a9ce s eGn @
zen had informed him than an escaped convict was in the
him indeed he should not have lad much hesitation
ii 6e but
% ar , lis
Had he been pressed to instant decision he would
the case had been continued from the last term He
be n
that the prisoner not commtted upon the sTggeston
fhs commitment oi tie %sgisaTats 70 Certain
aey s the wIs formerly by
ney General in criminal matters and therefore his
overuled and the original rule therefore, before the
Mr. Hagert then offered in evidence the of the
trial ia S Bd Of m ten Gs % inn m
December 1855 Joshua T9ggert detective testified that
the who convicted on the ia6 q DeGen6eT
tosed that on te Eth Of pecember 85 Se TecsVSd
into his prison the defendant james Haggerty com
senteSce al once gave h% baR
from Curtin paroS oe e
the prisoner which he read to HaggeTy by gasght The
eeocE at hight and that geStean said that because of
illness in the prisoners family he would wish him to be at
samuel Bidae who appon.sd keeper St the Pen
James Haggerty under his charge occupying cell No
e3 discharged one night in the latter part of
JShn Kennedy overseer Of the Penentiary also test
fed that he had charge of the prisontr.
The District Attorney offered the papers file in the
o a a fSsS s
in this matter the pardon alone being all that the
The Judge said they we're not evidence to mPoaeh the
been made by the COmmonweait6 but he did deem them
evidence the had seen M to recite them
IN his PARDON ana also for the purpose OF entfyng the
prisoner
cate of the prisoners honesty signed by Francis Laery
teamster for the Pennsylvanie Railroad Company in
Here the testimony closed and Mr. Mann said
not left the country he presumed that the Commonwealth
intended to rely upon the presumption that he did not
comply with the condition because he now in the
don had been fulfilled the following witnesses were 'e eR
amned on behalf Of the prisoner,
Patrick testified that he saw him the day after his
pardon and learned from him that he intended leave
him postmarked in Canada but he could swear that
John Avcy he saW the Prisoner at the
depot at St Gathering Canada, in September l66 eight
Here the evidence on this side of the question closed
sented TO- the onr said 6St he Sct Of 'se e H p
being conditonally pardoned convict beyond
were, whether conditional pardon this Commonwealth
valid and whether the conditions of the pardon had
first armativey and the second nesagey TRe paT Sne
doning power, before independence exercised
Independence the power IF the executive this regard
was derived from that of the There was no doubt
law and as there had been no iegisatiVe nno
be SPon 9 IN % law on this point the power Of
Ws,e1 RSs SeeP dHeided by our Supreme Court in
tG this was that this kind Of pardon was spe
the Executive said to the prisoner viii give YOU Your
liberty & II you viii engage 10 go 9way otherwse will
ngy and freely accepted the and he bound
ton 70 o ~ or forfeit the Also as to to the c9Pstrue
dtion was continuing and not to be complied with
for this |ss aha no taen Siam T TIN e % P TN e pardon
but likewise for the good of the community
the close OF our report the argument had not been
THE MORTALITY OF THE CITY:-The number of
deaths in the city for the week ending at noon to-day
was 252, being an decrease OF 30 from last
week, and a decrease Of from the correspond
NVQ limited