The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1870-04-16
LEGAL INTELLTGHNCH.
RailrOading n Case.
Court of Quarter Sessions-Judge LudlOv.

Court OF Quarter SeSstonS-,jLdge Ludlo1.
1t has been authoritatively established, we be-
fruitful OF bad results. Such is the fact with regard
to the custom known in this court as railroad
ing" case which means to push 1t to trial and udg
ment with all possible haste to prevent failure OF
justice by the absence Of material parties. An in
stance OF it's misapPcation is the following
case: In February last Washington Winters poor
young man, was arrested and committed upon the
charge Of highway robbery upon the person OF
William II. Lord and aggravated assault and bat
terry upon Peter Page: Immediately bills OF indlct-
ment containing four or ve dragnet counts, making
accusations OF the same ofenses In the most subtle
forms conceivable, were presented to the Grand
Jury and by them at once returned true bills. On
the day tas Page
would not say positively that the
lost, but from circumstances inferred that he did.
The other prosecutor presented pitiable sight as
mere e INV he pprsoner IN Ss doct bad
no counsel to defend him, had not been able to Sc
cure the attendance OF witnesses, and was accord
ingly found guilty OF highway robbery and assault
and battery of an aggravated character, and the
Judge, being msled by the aspect the case then
bore at once sentenced him to an Imprisonment OF
eight years. fVe for the nrst 0fIense and three for
subsequently his friends engaged Counsellor
Kneass who, within the same term, filed his III )tOn
for reconsideration OF this sentence, and the udg-
ments were accordingly ordered to be opened pend
ing the lhearing. Upon the whole, 1t was ad-
Judged that the Sentence upon the robbery bill be
annued, the verdict set aside, and new trial
granted and that upon the Dill charging aggravated
assault and battery the sentence be reduced from
three years TO four months, to date from the pri-
soner's commitment The whole sentence is
changed from eight years to four months, the great
and severe mistake being made by thus recklessy
'railrOading" the poor mans case through. This
practice only Jushabe, and only resorted to by
former District Attorneys, when there was danger
that the defendant or some important witness
designed 1eeng the jurisdiction,or composition OF
the felony was ia7minenI, or some other circum-
stance by which the ends OF justice might be frus-
trated was feared But IN this the prisoner was
safe lying in prison and unable to secure ball. and
known In the community, and quite anxious TO ap-
near against him. SO that delay OF few weeks or
a few days could have worked the cause OF the
Commonwealth no harm, might have given the pri-
soner an opportunity 10 prepare for trial, and have
saved the Court from this great and mortifying
take.
About Children.
Court Of Quarter Sessions-Judge Peircs
case was heard this morning, in which Thomas
Tyson sought TO the custody or his three in
fant children all under the age OF seven years. from
his wife, from whom he is living separate, upon the
| ground that she was OF immoral and incorporate
habits. In answer to this Mr.. Bregy, representing
| Mrs. Tyson denied the imputaton 80 unfeelingly
| made by the husband, and showed that he had
| never thought OF taking the children until he had
been sued by the wife for deserton and ordered by
| the Court TO pay weekly sum for the support OF
| herself and the children. The Court agreed with
| Mr.. Breezy and remanded the children to the Gus
| tody OF the mother.
Deserti0n Case.
Mr. Setzer, Solicitor for the Guardians OF the Poor
| engaged the Court for short time with his week.
, list OF desertion casea