The star. (Cincinnati [Ohio]) 1874-1875, 1875-02-11
Court CuIEiuUs,

Court Cullings.
An interesting suit against the N. & y
Railroad Is being tried before Judge Bur
net and jury to recover damages to
the benefit OF the next OF kin Of Henry
Mentel, who was killed on the railroad
track near the Brighton Station, OH. the
3d Of September, 1878. While the grave
train was going south, and the deceased
was approaching from the bridge east in
u wagon, the rear portion of the grave
train struck the horse and wagon. The
deceased was killed and the horse kilsed
and the wagon destroyed. The amOnnt
Of damages claimed is $4,000, neglis sence
on the part of the defendant being set
forth as the ground of. the action. The
defendants allege the accident did moi
happen on their road; that they were
only lessees; that the road was being
constructed for another company, and
was in the hands Of the contractor, in.
complete. They also deny all negli.
gence.
A case In which a new bonnet was the
first cause Of dispute is being tried be.
fore Judge Avery. The present action,
however, is brought on The ground OF
malicious prosecution. The party bring
ing the present suit is Virginia Mass,
ana the defendant r. Knabe, he having
had the plaintiff arrested on q charge OF
stealing a bonnet. The'defendant claims
there was probable cause for swearing
out the warrant, the plaintiff having
given false name ut his store, and re-
iusing to pay for or give up bonnet she
had taken away. The plaintiff claimed
The bonnet was not made according to
order.
Samuel B. Keyes yesterday obtained a
verdict by which he RECEIVERS $73,o77, for
which he claims Gilbert & Marston be-
came indebted to him in Erie stock gam
bling and afterward refused to pay,
that the Notes Were given with
out consideration.
VIM. Wilson McGrew's creditors fled
their claims i'll the U. ). Court Yesterday
10 the amount of $50, 900.
The attorney for Mr.. Vanderveer, OF
Hamilton, appeared before the U. S.
Court Yesterday, and had the Judgment
which WAS entered on Tuesday by default
set aside. Tue case will be reset and
tried on its merits.
THE RUFER TRIAL.
MIR. Pugh's arguments yesterday were
all framed to support the following
points IN favor OF his client, (which points
he asked TO be clearly brought out in the
charge to the jury:
"firsi-An intention TO kill, as dis.
tlngWsned IRON an intention to beat or
wound, merely, is essential to the crime
OF murder in Ohio. This relates to the
second as well as to the first degree.
"Scc0nd-IwO or more persons en-.
gagged IN The same assault, even should
the assault prove a aatal one, may be
guilty OF different degrees OF criminal
"Killlng maliciously is not necessarily
murder; 1t may be unintentional as to
)ne or all OF the assalants, and as to one
)r TO all amount merely to manslaughter.
Though a person who is
present upon occasion of a homicide,
liding and abetting the assault, may be
convicted as principal; yet the degree
)i the guilt Of such person will depend
IN his purpose, and his extent of malice,
lot upon that Of the actual assailant.
'Fitth-One who accompanies another
o witness or even TO aid or abet the chas-
sement of third person, but Alter
ward, and before any assault, repenls o:
lis intention, and endeayors to go away,
md is prevented from going away by
Orce or by imminent and reasonable fear
# death to himself or of enormous bod
ly harm, is not chargeable as a principal
II participation IN any criminal act there
lfter committed, merely because Of his
presence under such compulslon.
"SiXth-A confession OF the prisoner,
given in evidence against him, contain
ng several statements, ought fairly to be
AIKEN as a Wh0le--the parts which tend
% exctripate him equally with those
which tend to accuse him--subject to
by the jury OF every part
With other evidence, and subject to the
inquiry whether any part is in itself
OF truth or manitestly improb-
lble.
"Seventh-As to every element and in
,very degree, whether of intention or OF
Malice, as well as with reference to the
act OF a homocde, the weight OF the evi.
ience against the prisoner, in order to
overcome the presumption Of his inno-
,ence, must. be established beyond rea-
;Onable doubt"
Mr.. Gerard opened for the State this