The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1870-07-11

seldom wisely framed, IL commands this court TO |
review the oUidcnce and TO determine whether the |
ingredients to constitute murder in the FIRST degree
were proved to exist and yet in forgetfuness Of the
and bring up the evidence This the first attempt to
act under it proves its neflcency, the judge below
make the return He is not bound by law to take
thetestimony or to certify to it. bill of exception
brings up only so much OF the evidence may be
the bill.
The effects of this law seem not to have excited
attention 1t has changed the whole doctrine OF the
criminal law as to the speed and certainty Of puu-
door Of escape, not only from the laws delay, but
10y prison breach, and all the various means of
cases occur to my memory Of convictions of murder
in Allegheny county, delayed by dilatory motions,
and the prisoners escaped forever. Any murderer
may, under this law5though, Ike Pro6st, he
ou @ave his WTs error whole %oout amy n
tseion OF time or condition, whether in
prison under sentence or stepping upon the trap Of
the galows with cause or without II, and sus pend
his case until the next term of the Supreme Court
No one could condemn him II, the death warrant
not preventing he should wait ill the term of the
Supreme Court be passed, and then take OIt this
writ Of to delay the execution of his sentence
TIE examination OF the case and allowance of the
writ for cause, is repealed. To us as judges it
whether we have civil or criminal cases. Indeed it
is more easy to decide on the merits OF the evidence
in criminal case than upon difficult and abstruse
question OF law in a complicated civil case.
The motion to open the Judgment in the former
i
judgment is given for the Commonwealth on the
plea of former Judgment, and the record is ordered
to be remitted.
The knights of Pythias ImbrogIIo.
Court Of Common Pleds-Judge Allison.
This morning this Court was engaged with the
argument of the injunctons recently issued against
the several officers of the order of knights of
Pyhas to regulator rather to restrain their action
in regard to the position of Grand Chancellor. 1t
will be that Of tn the Gand
things required by the Grand Commander, he was
suspended, and the Vice Grand Chancellor, Mr..
StotZer, proceeded to discharge the duties Of the
office and install other officers. Dissensions arose.
and Mr.. Lowry disputed the right OF the order. to
suspend him, while the other side contended that
he was regularly suspended and had no right to act
hence injunctions were prayed for, on the one
the functions of Grand Chancellor, and
on the other restrain the Vice. Chancellor from
installing officers and acting though the office Of
Chancellor was vacant 1t is alleged in the case
| that when Mr.. Lowry declined to comply with the
views of the Grand Commander, he was asked if he
intended to resign, and answered negatively Then
he asked what he intended to do and he said he
pension, in which he would acquiesce and accord
ingly the order of suspension was made.
! Mr.. Lowry denies that he thus virtually resigned
his position, and contests the constitutional right OF
! his suspension
The matter is yet under argument.
special Session.
Court Of Quarter Sessions-Judge Ludi0lc.
Owing to the great accumulation Of business in
this court Judge Ludlow found it necessary to nsti-
tute special session OF two weeks, beginning to-
day, in order to dispose of the bail business.
Richard Pennington was tried to. day upon the
charge OF cruelty to horse. On the part of the
prosecution which was instituted by the S. p. G. A.
it was alleged that poor, vanishing fraction OF 8
horse that had begun life beautiful pet colt in
the sunny South, then had served valfanty as
noble charger in the war, upon the of pea,
had drawn the gay light buggy, then had begun a
downward course in milk wagons drays and carts
and had become so degraded as to be traded Off fol-
| drinks, came finally into the possession oi
Mr. Penningt ton, who keeps a bone boiling place on
the Delaware, where he was to die, and be dis solved
into soap and glue On the first day Of his stay al
this place, Notwithstanding the numerous sores with
which he was covered, the young Pennington's
hitched him to a cart drove and beat him, and the
second day he was despatched to the other world.
Mr. Pennington denied that the animal was treated
thus cruelty, and pleaded that even If such were the
he was not responsible for it, because at the
| time he was absent in Delaware and knew nothing
of it. Jury out.
10. w. Ii. aad Other Beats.
| Court of Quarter SeSSiOns-Judge PG1son.
The prison dock was crowded this morning, al
the inmates but two being beaters, charged with
assaults and batteries. The two exceptions were
| James Jackson and John McCollom, who haC
stolen barrel Of turpentine while out upon spree
and were sent below for six months. The Others
were tried for pugilism upon their wives, or SOME
body else, and those found guilty were sent dowr
for terms ranging from twenty days to three
months, while those who got OFF were restored tC
their liberty. The business was concluded by 121.
| O'Clock, at W hich time the court adjourned.
|