The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1870-03-10
LEGAL xwrnLLxaHMcr.



The Commonwealth ex rel. Gordon
ct al. VS.. Graham ct al. Opinion by
Read, j. This is a writ of quo lodrrdnto,
and the suggestion fled and verified by affidavit
sets forth the charter of incorporation of the
First Reformed Presbyterian congregation of
the city of Philadelphia, and that at the regular
annual election for the members of the
Board of Trustees of said congregation,
the said relators were in due and
regular form of law elected rs Board of
Trustees of said congregation, and have been
recognized by the session of said congregation
as being in full communion with the said church,
and it then charges that the defendants have
notwithstanding, used and do still use the fran
chises, offices, privileges and liberties of Board of
Trustees OF said congregation, and have usurped
and do usurp upon the Commonwealth therein,
to the great damage of the Constitution aud
laws thereof, whereupoD the said relators pray
the process of law against the said defendants
to answer to the said Commtnwealth, by what
warrant they claim to have, use, and enjoy the
franchises, offices, privileges, and liberties
aforesaid .-| . .. I'D
This Court has jurisdiction of this case, and
1t is q proper case for the issuing of writ of
quo 11drrdntO Commonwealth VS.. Arrison, Is
s. and R.127; Same vs. Woelpper, 8 s. and II. 29),
as settled by the uniform course of decision and
practice for more than half century. This
writ was allowed by the Chief Justice and the
rule to show cause is entirely dispensed with
Getting cases). In these cases motions to quash
were made, and in the first the writ was quashed,
whilst in the second the motion to quash the
writ was Overruled. Since the case in 4 Casey,
which was thirteen years ago, motion to
quash seem to have fallen into dsuse,
and the course pointed out by the act of the
14th of june 1856 has been pursued, the de-
PENDANTS either answering, pleading, or demur-
ring to the suggestion filed. Upon motion to
quash 1t must be for some defect in the sugges-
ton itself and not for any matter outside of it.
Mere defects in the form that can be amended
will not be regadred. All the affidavits and evil
dence that have been put before us by either
side must be laid aside, and we must confine our
attention to the suggestion alone. The sugges-
tion seems regular in form, and If demurred to
it would seem might hold water. 1t asserts the
title of the relators, which. if demurred to would
seem to be sufficient. We do not so decide
now, but reasonable doubt, or rather
reasonable belief, that such might be the case
must oblige us to refuse the motion. We eX-
press no opinion whatever upon the merits
which have been SO ably argued by the counsel
on both sides, and conflne ourselves to the naked
legal question arising out of the motion to Quash
The motion to quash the writ of quo ,oarranto
is overruled.
McKibbin vs. Martin. Error to the District
Court of Philadelphia Judgment reversed and
V. f. d. H. awarded.
The Philadelphia, Wilmington and Baltimore
Railroad Co. vs.. Woelpper. Appeal from the
Common Pleas of Chester county. Decree af-
frmed and appeal dismissed at costs of the ap-
pellant.
McKibben vs.. Kline. Error to the District
Court Of Philadelphia Judgment reversed, and
V. f. d. n. awarded
Morris VS.. Harding. Error to the District
Court of Philadelphia Judgment affirmed.
By Agnew, il
lege, owner, and Hugh McIwain, contractor.
Certiorari to the Common Pleas of Delaware
county. Writ quashed.
John E. Wynkoop vs. Lewis Seal. Error to
the District Court of Philadelphia. Judgment
affirmed.
George Cadwalader ct. al, VS.. j. w. Heyl-
man, ct al. Certificate of Nsi Prius. Decree
reversed and decree entered for complainants.
A Professional Rapee--Heavy Sen tence.
Court Of Quarter SesSiOns-Jidge PaDson.
This morning Sarah Gore, a young married
woman about twenty-eight years of age, was
called up TO receive judgment upon q convection
of perjury, in preferring, for the purpose of
blackmail, O false charge of rape against a Mr.
Wiener, who upon his trial was acquitted.
The Judge in passing sentence addressed the
prisoner as follows--
The motion for q new trial in your case has
been withdrawn, and you are now before the
Court fer sentence. Ihaye considered the ap-
peal made in your behalf by your counsel, Mr..
Breezy. The mercy of the Court, which was in
Voked in your behalf, is mercy based upon a
sound discretion. 1t is not weak SYM
pathy with crime or with criminals. In your
case there is nothing to commend it to
our favorable consideration. The crime
of which you are convicted, was one necessarily
involving premeditation. 1t was not the result
of passion or of provocation. You deliberately
and falsely charged respectable citizen with
the high crime of rape upon your person, and
having made IL you brought him into this court
for trial, and upon that trial you committed
wilful, deliberate, and corrupt perjury in order
to convict him. You did all you could
to consign an innocent man for long term Of
years to the penitentiary and to blast his repu-
| tation for all time. Nor is this all. l have
judicial knowledge of the fact that you have
made similar charges against several other re-
spectacle citizens, for the purpose of extorting
money, aud that in some OF these cases you have
been successful.
But Mr. Weimer would not submit to your
demands, and he appealed to a jury of his fell
low citizens, and they have vindicated him, and
he has also brought you to the bar of Justice,
| for which he deserves the thanks of every good
citizen.
Your offense is one which can receive no
mercy here. While we give burglar the ex-
| treme penalty of the law, we can do no less In
case like this man had better have twenty
| burglars in his house than one such woman as
you. A burglar may steal the property OF the
citizen, You would rob him of his good name
and make him infamous in the community, as
well as sow the seeds OF dlscord IN his domestic
relations.
The sentence of the Court is that you pay
| fine of $500 to the Commonwealth for the use
| of the county that you pay the costs of prose-
| cution, and that you undergo an imprisonment
In the State Penitentiary for the Eastern district
/ by separate or solitary confinement at labor
| for the period of seven years, and that you
stand committed until this sentence is COM
| piled with.
u. s. District Court-.Jiidge CGdtodLader.
This morning H. g. Burnell was put upon
| trial for secreting, embezZling, and stealing
| letters from the malls. 1t was testified that he