The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1870-09-26
LEGAL: INTELLrdENCH,
The Carney Homicide,

Court Of Oyer and Ierntiner-Judges Allison and
Pdcs0n.
This morning. before Judges Allison and Paxson.
the trial OF William Nixon alias Pentz, colOred,
charged with the murder Of William Carney, colored
on the night OF the 18th OF last June, was CON-
menced. The circumstances of the case are briefly
these. On the night in question ball was given in
hall on Brown street. near Fifth, the participants
The deceased was barber, married man. with
family OF four children, and he was also musician
on the night Of the murder he stopped at hail on
Brown street, and on his way home with his violin
he was attacked and killed. 1t seems that disturb
ance took place about woman named Draper, in
reference to place In set Finally he advised her
to go home, and volunteered to accompany her.
On the way down stairs some words passed and
Pentz struck the woman. Nixon demonstrated, and
the prisoner took from his pocket pistol which he
fired at him, resulting in his death. The case was
opened by Assistant District Attorney Hagert,
Thomas II. Tharp and F. A. Bregy, Jr, Esqs,, for
the defence.
The case was on trial at the close of our report
The Obligations of OIL Spectators.
Supreme Court in Banc.
The following decision was recently delivered in
the Supreme Court of Pennsylvania In banc by
Judge Agnew. 1t will be read with much Interest
by all who have taken flyer in oil during the exist
ence Of the oil fever in 1864 and 1865 and may lead
to some litigation amoung disputants The case is
that OF Messrs Hedge & Horn vs. Zollers The deci-
sion is that the subscription for shares in joint
invention Of the subscriber to become a partner
Thus far, the contract Is merely executory and 1t
becomes executed, and the relation OF partnership
established, only when the subscriber evidences the
fact by acts OF participation
The case arose on an appeal from the Court OF
Common Pleas OF Washington county, and IL recites
that this is bill in equity setting forth partner
ship or voluntary association, actually formed, for
the purpose OF procuring land and boring for Oil.
The plaintin, as partner or member of the asso-
citation, claims an account and payment by the de-
lnquent members OF the sums alleged to be owing
TO the company The principal gu, stlon raised is,
therefore, whether the defendants who appealed
were members OF the partnership otherwise they
not liable TO account under this bill 1t is not
an action by the association against a subscriber
for his subscription. II the appellants
never became partners, the bill ought to
have been dismissed as to them The
appellants, while admitting that they signed sub
scription paper (then being carried around for the
purpose OF forming company for two shares of
nifty dollars each and not at one hundred and
twenty-five dollars share, totally deny their men,
hership as partners, averring that, after writing
their names on the subscription paper, they never
took any part in the formation OF the company
were not informed OF any meeting to organize, and
never acted with the company as members
thereof. This answer was not denied, by
replication or otherwise, and the case
went TO master, who seems to
have acted also in the capacity of examiner in
taking the testimony. The court did not find the
fact OF partnership or decree an account, but the
whole thing seems to have come up on the report of
the master upon the testimony had before him.
This was very irregular, but 1t is unnecessary TO
decide the case on this ground. Indeed, after a
hearing on the merits without exception in the
court below to the formal defects as was the case
here, we might disregard the irreguarty under the
law regulating appeals to this court in equity cases.