The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1870-03-01
LEGAL xNTnLLIanNcH.



The District Attorney this morning failed in get
ting any business whatever before the jury. The
only case tried was that OF VIM. Timmons charged
with stealing silver pitcher from Edward L. Levy,
in West Philadelphia. The only testimony was that
of a pohcemant who said he arrested the prisoner
in Locust street. between 1hrty-ninth and Forteth,
with the pitcher in his possession and asked him
what he was doing with 1t, aud he said 1t has been
borrowed from Mr. Levy and he was just returning
IL home He Was at once arrested, and taken 10 the
station house, when Mr.. Levy Identified his property
and took it home. Mr.. Briggs representing the pri-
sOner, offered no evidence but simply reminded the
jury that though the property was founo upon the
yet eye s ss nc no p1o at nad been
tnat the pitcher had been stolen from him, or that
the prisoners statement concerning 1t was untrue,
and until this element entered the there could
be no conviction. The District Attorney assented to
this view OF the matter, and verdict OF not guilty
was rendered.
Supreme Court I'm Bnnc-JudGes Road,
ARneNy, and ShnrswOOd.
This morning the Court was engaged with the
Church case OF the commonwealth eX rel. Gordon
ct al. vs.. Graham ct al, dispute between different
parties formerly constituting the congregation OF
the First Reformed Presbyterian Church OF Phila-
delphia. The case comes on In the shape of rule
to qnasR writ OF quo warTdnto issued at the relation
trustees OF the church. and directed to seven defen
dants, whom the suggestion charges to be usurpers
in possession OF the said offices
The congregation is corporation, organized
under the act of 9th April 1871, and has for many
years occupied the church building on Broad street.
south OF Spruce. The charter commits the tempo
ralities OF the church the OF trustees
to be chosen by the ballots OF the church members
anu peW-HOueTS annually Oh the 0Tbb MONDAY Oh
every year, at an election to be held in the
church, OF which notice shall be given two
sek s6 from m pa the Pa Tae G tS
with this church" On or about July
McMurIay, together with about 27T corporators,
voluntarily ceased to attend the services OF the
church. and have since then held services in Horti-
cultural Hail. he trustees for the year lS6S who,
together with the pastor OF the church, five ruling
elders and 452 corporators remained in possession
nf r.
vices and have exercise and do still exercise all the
functions OF the corporators On the first Monday
OF January, 1862 the REALTORS are alleged to have
been elected trustees at an election held In Hort
cultural Hail. by the persons who had seeded on the
st OF July, 1865 and for which notice had given
two weeks previous, from the desk or platform in
the hall. The two ruling elders who seeded at the
same time have recognized the REALTORS as being in
full communion with the congregation. On the same
day the congregation in possession OF the churcn,
held meeting, OF which notice had been given two
weeks previous from the pulpit OF the church, and
az which six OF the defendants were with Mr.
Mcbride, now deceased) elected trustees by the
votes or duly qualified corporators. The remaining
defendant, Mr.. Smith, was duly elected on the 18th
OF August, 1862 TO 1ll the vacancies caused by the
death OF Mr.. Mcbride. The pastor and the five
ruling elders who did not secede with the
HUI HUI r,,,, party an and @I VINO; togethe. with
elected, constitute the session OF the congregation
have recognized the defendants ''as being In full
communion with this church." The REALTORS do not
take issue upon any OF the facts above stated; nor
do they deny the regularity OF the defendants cleo
ton by the corpoators in possession OF the church
They aege that the corporators In possession OF the
church do not rghtfully constitute the corporation
and that therefore the Defendants trustees elect
ed by those corporators have no title 20 their Offices
They also alege that their electors constitute
the corporation de jure and that therefore the rea
tors as trustees, elected by them, are rghtuly en-
| titled to the offices.
The REALTORS rely, conclusive OF the rights OF the
| parties TO this cause, upon decree pronounced by
| The General Synod OF the Reformed Presbyterian
Church at Cedaryie, Ohio on the 10Th OF May, 1862
without notice process served upon the defen-
| dans. or the corpOratOrs in possession.
In this condition, alleged by the defendants on
the motion TO quash, the came before the court
and was argued this morning ana held under advise
ment