The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1870-10-22

Of It. See Selectmen VS.. Boyston, 2 Mass. r., ssl;
Doolttle vs. Lewis, Johns Chan; Cases 45-47;
man, 20 New York r. Court OF Appeals), tOs.
The case which we have before us is not to be
confounded with one In which assets have been col
lected in the form of an auxiliary administration,
in which 1t becomes question OF judicial discretion
whether they shall be distributed in the jurisdiction
in which they were raised, or RENTED TO the ad-
minstratOr of the domic, TO be disposed Of there
according to the law OF the domicil, which, as to
personal property, ia the rule OF distribution every
where. In a case of that kind the question turns
not on the fact of jurisdiction but upon determi-
nation, of whether in the exercise of wise judicial
discretion the funds sought to be taken to another
forum, shall be allowed to go there not. This is
settled IN Dents Appeal TO- H3Trs Si4 StoSe
r, 1ss and in Harvey N. Richards I, Mason 4Os.
The application before us is in effect to reverse the
require different course to be
taken as to distribution, that after
renitted to the administrator of the domci for dis
tributon. This is the doctrine in Stokelys estate
cited above; and IN Dents appeal the application!
assets to an administrator OF the domicil who re-
sided In washington, ID. c., was refused on the
sent of the original administrator to the appoint
ment of the administrator in Pennsylvania, and tha
all the claimants objected to transmission Of the
funds to Mr.. Dent, in Washington.
The domci of the testator at the time OF his death
Is to be regarded as the place OF the principal or
original administration of his estate, and II this
were request to send the balance OF the assets to
New Jersey for distribution, it would be entitled to
be regarded with greater favor than the one we are
now considering at least so far as the personal pro-
perty is concerned, this kind of property having
SitS in contemplation OF law. 1t is attached to the
owners person, wherever he is, and when he dies IL
deseends according to the law of succession which
prevails at the place ef his domicil.
The respondent John Brown Parker, asserts in
his answer that the sum claimed by Mrs. Freeman
is about 100000 or s6500O in excess of her entire in
erest in the estate, which OF itself would render 1t
impossible for us to make the order prayed fer at
this time; the true balance due to her must first be
ascertained before there can be any order made to
pay The respondent also expresses his readiness
to pay over to the petitioner the portion OF Pennsyl
vania assets due to her, upon her entering the
requisite security to protect the parties remain
der, which she has not yet done.
Other reasons might be assigned IN support Of the
view which we take of the claim OF Mr.. Freeman,
but those already stated we deem of themselves suf
ficient and therefore dismiss the application;
Attorney. General F. G. Brewster and Robert n.
Wilson for petitioners L. HUM Hanson, Daniel
Dougherty, and George W. Biddle for executors.
% sssNioHds st CSsesThe i siasc%snt of william N
CO,utof Quarter sessions-Judge Peirce.
This morning Judge Peirce resumed the hearing
ford, committed by Alderman Kerr to answer for
the shooting of John G. Noen at the meeting OF the
return judges on Thursday OF last week.
William b. Mann, ESQ.,, was called to the stand by
the Commonwealth, and testified that when he was
sent for BY the Judges he went up from the street
saying that no one but a Judge should go into the
room; Mr. Mann said he had been sent for to ad-
petrated In the return OF the Twenty-siXth ward,
and he desired to prevent 1t. Then followed ex-
preme Court Room and into the ante room, Knocked
at the door, and called for admittance; voice In
side answered that the jantor had the key and the
door was locked; Ahern followed, and said If Mr..
Mann went in he would follow; they returned to
the door in the vestibue when the door was opened
(NIr Mann) pushed in after him, in spite OF the
efforts OF those behind him to draw him back the
crowd pressed against the door so as to prevent its
being entirely closed and two men were jammed
between. the doors; one OF f-them was Ahern, who
stopped between Ahern's breast and the floor, push
ing in, and he subsequently proved to be Nolen;
contest between the doorkeepers and the crowd
ensued, blackjacks being freely used, and then the
panel OF the door was broken open and the men
outside rushed in; Ahern was conspcuously the
head Of the men flourishing blackjacks the people
in the room fed in all directions the mass OF them
going to the southwark, Crawford among them the
men who thus came In seemed to centre their attack
upon Crawford, seemed to singeshlm out me re-
treated towards the east wall and Ahern
pointed his hand At Mnnn Rm saying fyang S
other men pursuing him from the door inside the
rail; Crawford now retreated northward into the
jury box, and chair was hurled at him; his pur-
suers were proceeding rapidly; Ahern had received
blow upon the temple, from which the blood
an s ne de s aSh
jack erected; Dir. Mann kept between them and
was intent upon keeping Ahern from striking
Crawford: at this moment he noticed Nolan closing
In upon Crawford from the centre Of the room,
and saw another man with blackjack about enter.
ing the jury box where Crawford was; Crawford
said something but what it was or whom it was ad-
dressed to Mr. Mann could not tell but from Craw-
fords look toward him he was induced to reply to
him as If 1t had been a question; with his face
turned towards Crawford and his arm raised but not
extended, and shaking his hnger he said to him,
"Protect yourself" Immediately after that occur
renee something came whlrling along with great
velocity, but he could not tell what It was, bat he
noticed recoI of Nolens body The missile struck
the wall and shattered into pieces Craw-
ford had made threatening motions with
prisoners, without lettering them at all. Imme-
dately after the throwing OF the spittoon and while
man was advancing with blackjack upiifted, he
evelled the pistol at Nolen. There was great noise
and confusion until Crawford elevated his hand a
lttle lowered his face and ran his eye along the
nluzzle, then everything was still and everV one
stood in suspense and the pistol was fired. Noen
looked straight at Crawford, and ducked down to
dodge the shot, and then fell. At the firing of the
shot CTawford's pursuers abandoned their pursuit
At the time Of our going TO press the hearing had
not been concluded.