The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1871-03-02
LEGAL xNTNLLIoHNCM
Trial of Percy spenr.

IIllS morning the JudRe CAlled TOT tTIi Gne case
OF Perciva B. Spear, charged with making and
utterng false and fraudulent bond in S25,OOO,
which he was required to give for the faithful per-
fornance OF his duties as special agent to the Sioux
Indians.
j. P. O'Neill and William NJ. Bull, Esqs., counsel
for the defendants, demurred to the indictment,
but their demurrer was overruled and the cause
proceeded to trial.
John w. Jones sworn-J am secretary of the
Reading Railroad; have been in the Office ten years;
| know Charles Il Smith; he was formerly President
of the Reading Railroads that is not my signature
as witness to the signature OF Mr.. Smith on the
bond.
years; haven't him for time until recently.
Aubrey ii. Smith sworn-I am United States At
torney for this district and was in December last;
on the 27th Of December MIR. Spear came To me for
the purpose OF asking about the execution of his
bond as agent to the sioux Indians, and mentioned
the names OF Mr. BOrie and Mr.. Welsh as his suretes
who said were good men; the next Gay he
turned and said these gentlemen were out OF town,
could substitute Mr. Charles f. Smith, at the same
time naming his residence as at No. 2ls South Ff-
teenth street; knew Mr.. Smith very well, and said
he would be perfectly satisfactory; he said
he desired to go to Washington that night,
house in the evening, saying he would bring Mr..
Smith, there to sign the bond In my presence; l
said would do SO, but that Il Mr.. Smith were in-
disposed he need not bring him, as was familiar
with his signature; they did not come; the next
day, December 2s, MIR. Spear came to my Office in
company with person who gave his name as r. M.
Evans, and produced the bond, purporting to have
been executed by himself, Evans, aud Mr.. Smith: l
thought the signature OF Mr. Smith was genuine
and when saw the name of j. w. Jones witness,
| was entirely disarmed; then questioned Evans
answers, approved the bond.
Charles K. Smith sworn-I reside at No. 216 s. Fir
in that house; l was formerly PRESIDENT Of the
Reading Railroad the signature to this bond is not
my signature; / know the defendant; never had
any interview with him concerning this bond; had
no knowledge whatever OF II until these proceed
ings were begun.
Cross xamined-I have known Mr.. Spear about
fifteen years, not very intimately.
Craig Bddle sworn-I am U. S. commissioner;
uhaTaf fha hafO y
he amount of bail, ana | answered that 1t would
depend upon the amount of money the defendant
received only $780, that $4,000 had been placed by
Government to his credit, $500 for his personal
penses, which ne had drawn.
The bond was then offered in evidence, and the
prosecution closed.
Counsel for defendant requested time for consulta-
tion, which was given them.
Judgments.
Supreme Court in Banc-Chtef Justice Thomson and
Juoge8 Agreao, Sharslcood, and Williams.
The following judgments were entered to-day
Tillmes VS.. The New York Dyeng and Printing
establishment Appeal from decree of Nisi Prus.
Decree reversed; and appeal dismissed at costs of
Klllens appeal. Affirmed on an equal division OF
the bench.
The First City Troop, Philadelphia City Cavalry,
VS.. horris. Appeal from decree of Nisi Prlus. In
1874 number OF gentlemen OF Philadelphia formed
volunteer company of cavalry, aud rendered their
services to the Continental Congress They called
themselves ''The Philadelphia Troop OF Light
war OF the Revolution. AT the C ose of the cam.
paign OF 17I6-1, perhaps the most ayduOus or the
whole contest, General Washington, by general
order latter the performance OF their tour of duty
discharged them from the service for the time Oeing
and in doing so took occasion to compliment them
inhigh terms for their discipline and bravery. The
document is not letter addressed either to the troop
or their commander, but just what it has been desig
all oiders do "Given at headaaariers at Morris
Town, this 23d January, 1TI7." That this general
order should De ransm6tsd m ed 70 their captain ana
ceduTe 1t would be very curious question, and
not easy on principle or authority to determine, ia
sIsarly that from pp' the earliest SsSS perioS SS
not only the custody and possession,
but the property was recognized to be in Samuel
Norris then the Captain of the troop. The cream
stances clearly evlnce that this was acquiesced in
by all the gentlemen interested. Captain Morris
resigned his command in llsS. In 1884 John Dun
lap had silver plate prepared to receive likeness
Of General washington, and had the words OF the
general order engraved ON 1t, together with the
names Of the gentlemen who composed the troop at
the time it was issued. recess was made in the
back OF the plate 10 receive the certidcate and it
esteem, and for the better preservation OF the
paper All the history Of the matter indicates that
the property absolutely, of Captain Norris, and no
question OF ii was ever made until 1928, when the
City Troop as the successors OF the original COM
pany claimed it. After great deal OF litigation the
case came before this courl upon exceptions to
wood delivering the opinion, decided that the
coveted document belonged exclusively to the
family and descendants OF Captain Morris.
The Fury Homicide.
Court Of Oyer and Iermfner--sJtSdges LttdlOp
Pd1SOn.
The trial OF Frank Gaughran for the murder OF
George ii. Fury is still in progress A number OF
youths were examined, all saying that while the
two gangs were engaged in their stone aght the pr-
soner came upon the ground and fired his revolver,
saving when he fired the last, which killed Fury,
"Now IN fetch one'of them"
PHILADELPHIA STOCK EXCHANGE SALES.
Reported by De Haven Bro, No. 4Os. Third street.