The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1870-11-28

apresumrion Of gait against the accused, aud rs-
qhrinp III, to rebut It by Offering specific proof OF
uega i,t-that he did not vote for such oaieer.
even g ater dIfnculty for private person than
for the q yernment, for i the eleut0a fecefds cai
ssGg ns IN favor q the Rrosec1ton i Csr ,s
sSi Ssi whatever the they ates throw erccs pG
in proving that vote cast hy certain person;
and II the voter should happen to have scra.saed
the Federal officer from his ticket, thia fact, In
large majority Of instances, is obviously as dinicult
Of direct pfOof. SO that in these proae9utons the
accused ana the Government are primarily upon
the same footing with regard to obtaining eydence
but the act OF Congress has thrown the balance in
favor OF tNe former by commanding that certain
isct and piO'' sufficient h DC "eW TO warrant con
victioD, unless rebutted by that class
of evidence which both Government and citizen are
equally unable to produce. Instead Of leaving a
natural presumption that arises from certain state
Of facts TO the consideration OF the jury to receive
the weight that it is entitled to under the common
law OF criminal proceedings, the act OF Congress
converts that presumption into positive evidence,
this presumption was substituted These questions
have been raised and discussed In these trials, as
testing the constitutonality OF this law, but have
not yet been fully determined by the Court. The
case is yet on trial. James Heverin Esq, appearing
The McCauIIey Homicide.
Court Of Oyer and TerrnineT-Judges PeiTos and
A special session of oyer and Terminer to con-
unue this week was begun to-day. The purpose ts
to dispose of several old prison cases Of homicide,
will be entitled to their discharge under the four
term rule 1t was expected by some persons that
but this in the present state of the businesss Of
this court could not be DONE for the
and there several cases in which the defendants
who are without means or friends, have been lying
tried. The great length OF the Hanlon case also
inpeded the regular course OF business, and the
different engagements of Judges in hearing other
cases Of importance have rendered it impossible to
give more attention to the homicide calendar. Most
cember
r60%as T@e fsSloen today Tngn ea a6G of
Peter Cue, charged with the murder of James
McCauley, on the POD of May last 1t is alleged
that the defendants and deceased were of party
named Smith, in West Philadelphia, ald during thu
evening warm discussion occurred concerning
lot Of ground that had been rented
eRa GOudenS and Which TCmas said s
fight ensued in which the deceased, James McCauI-
ley, was killed. The defendants were arrested and
jointly indicted, but Thomas McCaulley succeeded
in making his escape. AT the close of our report
jury was being called to the box. Messrs OByrne
and Pratt appear for the prisoner.
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