The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1870-10-18
THE NOLEN SHOOTING.


The Coroner,s verdlct-Tho Prisoner Crnw-
ford Justified, and his DischarGe Ordered-He
is brought Before Judge Peirce on Habeas
Corpus.
The promised conflict of authority between the
Coroner and Magistrate Kerr which threatened yes
terday eliminated this morning in the matter being
taken into court Yesterday evening after the test
mony had been taken before the Coroner, the pri-
soner was taken the Central Station to await the
result of the deliberations OF the jury. That body
Coroner sees repaired to the station with warrant
committing Mr.. Crawford until that time. He
then discovered that Crawford o had already been
Alderman Kerr. That magistrate was spoken to,
but he gave little or no satisfaction. The Deputy
Coroner reported the facts to Judge Alison who
directed Mr.. Sees to send his commitment to pri-
son. and in case OF refusal on the part of the pr
son authorities to deliver Crawford this morning, to
However, this morning, Mr.. Sees called upon
Chief Mulholland, and handed him an order to pro-
duce the body of Crawford at the Coroners Office,
at 10 O'Clock. The Chief detailed High Constables
Mill and De Haven, and they went 20 prison in car
riage and brought the prisoner to the office.
The jury were then called together, and after
deiberation OF an hour, rendered the following ver-
"That the said John C. Noen came to his death
from violence "a gunshot wound) received at the
the Nineteenth ward), in the Supreme Court room,
october 3, 1870 From the eridence before them, the
jury Of the opinion that the shot oGS fred IN self
defense, and tras iustifdble.'
On the rendition of the verdict the police took
charge of Crawford, who went with them to the
Deputy Coroner Sees then issued discharge and
placed it i'm the hands Of Lieutenant Thomas Fearing
that the prisoner would be held by the police autho
rites on the commitment of Alderman Kerr, the
friends Of the prisoner made an application to Judge
Pierce for a writ of habeas corpus, which wrs
granted and made returna6le at IL o'clock.
PostponemenS Until tomorrow.
The Coroner's jury investigating the killing OF
John c. Noen on last Thursday having eXonerated
Alexander Crawford from blame on the ground that
he fired the shot in self-dofense, awrit of habeas
corpus, returnable forthwith, this morning OBJ
tanned from Judge Peirce for his release from the
charge Of murder under the commitment OF Alder
man Kerr. The Court Of Quarter Sessions met at
Mr. Hagert read the return of Lieutenant Thomas,
Of the Central Station, which set forth that he held
Crawford under commitment by Alderman Kerr,
dated october H. to answer the charge of homicide.
The writ having been also served upon the Coroner,
his return also rea0 setting forth that Crawford
had been discharged from his custody by the verdict
MIR Hagert asked counsel representing the relator
If they had subp9Daed the witnesses, and proposed
to proceed with the examination, an was told that
been subpGnaed. Mr. Hagert said this was not
right, for the prisoner was held by virtue OF COM
mitment by Alderman Kerr, and the witnesses
examined before him should be subpGnaed. I'M
mediately after the shooting, Crawford was
arrested and taken before Alderman Kerr,
who committed him to await the ret ult OF Noen's
injuries, liking the next hearing for Monday morn
ing. ON Sunday Noen died, and at the hearing on
the charge OF homicide. This writ wasunusua and
had been but an hour before made known to the
in public business, and they had not had time to
consider it. Therefore they would have to ask
continuance.
Mr. Kneass said that instead OF committing the
prisoner to await the result OF the Coroners inquest
Alderman Kerr on Monday, knowing the Coroners
jury be then sitting, committed him to answer the
charge OF homicide, thus invading the Coroner 9
exclusive jurisdiction Of such matters. Now he
thought this was a palpable wrong, and If Mr..
Crawford were detained an hour longer a great
wrong would be committed The District Attorneys
were familiar with the whole case and were as able
Mr.. Hagert said the Coroner had not an exclusive
right in these cases and he did not inquire into the
question of crime but simply into the nature Of the
death. The magistrate might go on with his inves-
tgation, though the party died pending it, and
the prisoner SUFFICIENT to send him to trial. The
Coroner was simply to inquire whether death was
him for trial. 1t was a dangerous precedent to
allow the Coroner to become the arbiter of all the
homicide cases in this county
After further discussion counsel on both sides
agreed to postpone the hearing until ~ O'Clock to-
morrow.
McNIuiIIp and Ahern Affair.
Alderman McMuln and John Ahern, names
names have prominently in connection with VII
Ludges, this afternoon appeared at he Central
Station and surrendered themselves into custody
Ahern waived hearing, and was held In $4,000 ba!
to appear at Court on a charge of riot, etc.. John
Tobin, residing at No. cor SAMSON street, appeared
on the BAH bond Alderman MeMqn Me- entered sA,t bal a
ia $4,000 for hearing on the goth inst. William "
McGrath, Esq, went the bail in this case.
AcCIDENTs.-About noon yesterday James Cham.
bers residing at Twenty third and Meredith streets
was run over by his own cart, at TWenty-fonrs @
| sufferer VAS removed to his home.
About six O'Clock yesterday afternoon Morris
| PenrOse, aged eight years, residing at No. 1S31
Green street, was run over by carriage at Seven
teenth and Green streets, and was injured about
| the hand. He had two fingers broken.
| About six O'Clock this morning ID. Laferty had hi!
hand crushed while stopping his engine at Richard
Garseds mill, Frankford He was removed to The
| Episcopal Hospital for treatment.
.crprorS Cu,pnp Tapoes Gornnan Tohn 70
Bride, Michael Mcbride, Hugh Dougherty, ant
Morris Campbell were arrested yesterday on war
rant charging them with assault aud battery will
intent to Kill Patrick Kane residing at No. 63T Ftz
water street. Kane is foreman in the brewery al
| Tenth and FIbert streets, and the accused weri
| employed by him. For some reason, it is alleged
| they violently assaulted him. The prisoners had
| nearing before Alderman Jones, and were com
mitted TO await the result of kanes injuries, whc
| are Of serious nature.
MAD STEER-Yesterday afternoon an infurlatet
steer was shot and killed by Policeman Burns a
Girard avenue and Hancock street. The anima
had injured several persons At American au
Master streets 1t gored and seriously injured bo
named Sands, who this morning was not eXpecte
to live.
TUMBLED DowK-On Chestnut street, below Thirty
sixth, row OF new four story buildings are bein
erected. This morning at 10 O'Clock the eastern wa
Of the row was blown down 10y gale of wind an
| one OF the workmen was slightly injured abo1t tn
hands. The party walls are said to be in danger
Gus condition.
COMMON CoUNCIL The citizens of the Secont
ward have selected Mr.. John McGrath, cashier an
busiDes manager OF the sunday Mercury, to repre-
sent them in Common Council. While We shOul
have preferred 10 see Republican elected, we mus
bear evidence to the ability and integrity OF MI
McGrath.
AGAIN IN CUsToDY.-Jacob Ennger was agai
assault and battery on Mrs Baker, residing o
South Front street. The accused had a hearing bt
fore Alderman Lutz, and was hel to answer.
STREET WALKERs-Lieutenant Flaherty made