The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1870-02-08
LEGAL 1NTnLLraHNCH.
Nisi Prius-Chief Justice Thompson.

Jury trials were resumed in this Court to-day
John Wilson VS.. Seward hoser. An action 10
recover damages for an alleged unlawful assault
and battery committed upon plaintiff, seaman,
by the defendant who was mate OF the vessel,
it being said that he far exceeded the limits of
the chastisement permitted in maritime discipline
and resorted to the most brutal and cruel vio-
lence. The defense denied this, and maintained
that no more violeuce was used than was abso-
lutely necessary to enforce order and obedience
on the vessel.
District Court. No. I-Judxe Stroud.
o. P. Monroe & Co. VS.. A. n. Allen & Co. An
action to recover on q book account for gravel
roofing fput on defendants house. Verdict for
plaintiff, S239 33.
John d. Jones VS.. c. J. Hunt and William
McKeegan. An action of reple Yin to recover
goods levied upon under distress for rent. YER
diet for defendant; rent in arrear, $1325.
Henry Bornman vs.. Henry Gabriel. An action
of trover to recover for horse alleged to have
been unlaWfully detained from plaintiff, he
alleging that he and defendant entered into
swap of horses the condition being that plaintiff
might keep the horse exchanged to him upon
trial for several days and allowed to return him
If he did not prove satisfactory; he did 80 try
him, and not being content returned him, but
defendant refused to restore his horse. The de-
fense maintained that the transaction was
clean swap, and the parties were bound to stand
by it, On trial.
This morning the Court took up the case of
the young sailor, Charles Smith, who is charged
with the murder of Peter Verheller, on the
night of October 25. in Front street, below
Spruce. This prisoner was jointly indicted with
another young sailor, William Cox, but sever
ance of the cases being claimed, the former was
put upon trial alone.
They are each nineteen or twenty years old
and are of very respectable appearance, having
intelligent faces, and being neat in their dress
and easy and well behaved in manner; they come
from New York, and are said to be well con-
nected. At the time of this occurrence they
were attached to the war ship Tallapoosa, then
lying in the Delaware, and were in tavern in
Front street when the deceased entered and
offered some patent bitters for sale;
he went out; they accompanied
him. and later in the evening he was found
lying alone in the street in a state of uncon-
sciousness. He was carried to the Pennsylvania
Hospital, where he fingered several days, and
finally died of congestion of the brain. These
circumstances directed suspicion against the
prisoners, and several detectives went to Wash
ington, where the Tallapoosa had in the mean
time been ordered, and arrested them on board
their vessel and returned with them TO this city
for trial.
The deceased was man about forty years of
age, whose business was to sell bitters to the
tayerns in the lower part of the city, and re-
sided in Griscom street, he was married man,
leaving widow and several children. Accord
ing to the opening OF the District Attorney he
went into McCluskey's tavern about IL o'clock
this night, and the prisoners began jesting with
him, taking his demijohn from him and in
dulging in other such pranks, which, however
| angered the deceased very much. He. afterwards
walked out with the sailors, and wenfin a south
| erly direction, and parties who soon afterwards
| went out of McCluskey's tavern heard few
| squares off the cry of murder. Proceeding to
the locality of the ALARM they found the hat and
| demijohu of the deceased but could not find
| him. His wife found him at her door quite ex-
| hausted, and when she succeeded in getting him
| into the house he fell helpless. He died as
above stated, of congestion of the brain. The
prisoners were seen, after this, at other taverns
| with their clothing disordered, and one of them
| baving blood upon his hand and wrist.
The case is yet on trial.