The Cambria freeman. [volume] (Ebensburg, Pa.) 1867-1938, 1873-09-05

iSPo,I P vi proceedings III Court up to noon
@ oI nursday, we are indebted to our obIig-
ing friend, John G. Lake, Esq.
PRELIMINARY BUSINESS.
court convened at 10 o'clock on Monday
morning, Hon. John Dean, President Judge
and his Associates, Hons John Flanagan
and X. j. Lloyd, being present
After the usual preliminaries of calling
the Bar, the presenting of motions and petit
uons OF the attorneys, the calling of the
general jury panel, and the issuing of at
Iachnents for absent jurors the trial list
was read and attachments were taken out
Tor non-attending witnesses.
Inc appncaton of Oliver j. Young, a stu
Ieht at law, was presented by a. Kopelin,
Esq, asking committee to examine and
report as to his legal qualifications; and
lke petition was presented by John z. Liu-
Ton, Esq, for John II. Brown. The Court
| thereupon appointed r. L. Johnston, ID.
Mclaughlin aud w. Horace Rose, Esds, a
committee of examination.
COMMON PLEAS.
Valentine Maltzie VS.. George w. Pringle
NO 16, June Term, 1872. This was an ac-
tion of ejectment brought by the plaintiff
for the recovery OF thirty acres of land
situate in Summerhill township, this coun-
/ ty. After a jury had been called the de-
fendant paid S9iS into court as a tender
Tor the use of the plaintiff, to be taken out
by him on his executing 10 the defendant "A
re-Conveyance of the land described Ii the
writ-tEis payment in no wise to prejudice
the defendants right to recover in an action
OF aSsumpsit TO No. 53, June Term, 1873,
against Valentine Maltzie, and now on the.
trial list This tender was declined by the,
plaintiff. The jury was then sworn, but
before proceeding further n settlement was
ehected by the parties as per paper filed,
and the cause was Withdrawn. 1t was fur
ther agreed that neither party shall Iile a
bill Of costs for witnesses in the case where
upon the jury was dismissed and il was or
dcred that the plaintiff have leave 10 take
out the money put into Court. on his filing
with the Prothonotary, to be delivered TO
the defendant conveyance Of the land
George w. Pr!ngle VS.. Valentine Maltzic
No. %, june Term, 1S73-the case referred
20 in the settlement of the above suit This
was an action of summons in assumpsit
based upon the book accounts Of the parties
Both the plaintiff and defendant took ad-
vantage a. far as they could of the law
The defendant pleads non usSuIHDSit IN ira ser
amos, which ruled ont all charges dating
further back than six years; and, as a set-off
10 this plea, the plaintiff took advantage of
the act ruling out all bar reCkoningS, and,
as the account was made up to considerable
extent of such charges, this reduced the
claim rot little. The jury returned a YER
dict for the plaintiff of S212.
V. Lutringer VS.. VIM. Callan-appeal
from the Judgment of justice. Settled.
ADMITTED TO PRACTICE.
On motion of r. l.. Johnston, Esq, the
report of the committee appointed by the
Court to examine and report as to the quail
fications of Messrs. q. J. Young a student
of a. Kopelin, Esq, and John H Brown,
who studied under the direction of John p
Linton, Esq, which committee was com
posed of r., L. Johnston, ID. Mclaughlin
and w. Horace Rose, EsQS., was read
which certified that Messrs. Young and
Brown passed very creditable examina-
ton, and that they are well qualified for
the practice of law-whereupon the Court
directed that they be sworn as attorneys to
practice in the several courts of this county.
PRISONERS DISCHARGED.
The final petition of Joseph Dunlap,
Robert Creswen aud Henry Rager, insol-
vent debtors, the first named of whom has
been lying in jail for some nine months,
were presented, whereupon they were ali
discharged by the Court.
OYER AND TER0IINER.
Com'th Edward BIrk-indictment for
atfray. This suit continued at the
instance of the District Attorney, until the
next sessions. Defendant and Daniel Skelly
surety, each held in S1OO bail, that the
defendant be and appear at December Ses-
SiOus to answer, and that he do not depart
the Court without leave.
COmth VS.. Patrick Carr and Patrick
Cavauaugh, and Com til VS.. Patrick Cava-
naugh, which were tried together on Mon
day evening and Tuesday morning, were
indictments for assault and battery com
mitted at the house of John =. Parrish,
Portage Station one night last Nav The
jury returned a verdict of not guilty in the
first case, and that John =. Parrish, the
prosecutor, pay the costs; and in the second
case they found verdict against Patrick
Cavanaugh of guilty in manner and form
as he stands indicted
COm'th VS.. Patrick Carr and Patrick
avanaugh-inGictment for assault and
battery with intent to kill. This much
talked of atfTay, which occurred at Portage
on the 18th eff May last, and in which John
Sanders was stabbed, was taken up on
Wednesday. This was the most important
cause on the list. The evidence showed
that there were some ten or fifteen persons
that they were all drinking ale, and to all
appearances We're in the best of humor with
each other. They had been there for some
time when Louis Delahunt one of the Darty
who was about to start for his home, was re-
quested to sing a song before he would 90,
and he sat down and commenced singing
Tim Finnegan's Wake" In this case the
poets idea that music hath charms to
sOOthe the savage breast did not hold good;
but, on the contrary, to use the language of
cone %5 the the singing had hardly
Patrick Cavanaugh opened the ball by de-
liberately walking up TO Delahunt and
knocking him out through the door. "Iu
the scene that enSued John Sanders took
hand" and in the melee received four
we're wounds, one on the front or inner part
of the left thigh, two on his left hip, and one
across the left side of the abdomen The
cause was tried with the greatest care,
everything tending to aggravate or mitigate
the offence, or wnich might have a tendency
PENDANTS, was elected, either by the Com
moEwealth or the defence. The arguments
to the jury on behalf of the defendants were
presented with great care and Skill and the
District Attorney delivered one of his ablest
efforts the part of the Commonwealth.
After deliberating in their room for about
one hour the jury returned verdict of ac-
quittal as TO Carr, but found Cavanaugh
guilty of assault and battery.
Com tn VS.. Jas. i. Campbell & Sons, of the
Johnstown VOice-indictment Hbel-on trial.
A FEW REFLECTIONS ON LIFE INsUR-
ANCE.-There is no man who is the happy
possessor of an interesting family who
should fail to have his life insured, for
their benefit, in case that he should be
suddenly or unexpectedly removed from
their midst by the hand of death. How
many there are who are thus called off,
leaving their business, perhaps in such
complicated state that it will probably take
a wear or two to settle IL ND and in the