Morning journal and courier., 1883-01-26
The Court Record.

Superior Court-Ur1mInAA Side-Judge HOveV. This court came in yesterday morning at 10 o'clock
 The case of Francis Carroll for the murder of Patrick Early remained on trial. At the opening of the court Judge Hovey rendered his decision on the motion of MT. Case, of counsel for the accused, to exclude the testimony given by Carroll before the I jury of inquest in Wallingford at the time of the murder on the ground that the prisoner had been threatened and answered questions I through fear. In concluding his opinion the judge said Being unable to determine which part of the evidence was given before threats were made and which after, and as ! cannot admit a portion and exclude the rest, | for cannot tell which was made voluntarily before any threats were made, I think that | the prisoner is entitled to the benefit of the l doubt in my mind, and deem it my duty to exclude the testimony.
 There were several witnesses for the de- fence heard. the last one being Thomas Car roll, son of Francis Carroll. the accused. He | testified as regards the bloody shirt which was found on the premises of his father He said that the shirt belonged to him and l the blood spots on it were obtained while he was scufhing with man in the shop where ! he worked. He was thrown against a lathe and his arm was cut, which accounted for the bleod on his shirt. He said he did not know whether he or his father wore the shirt with blood spots on the week of the homicide. He swore positively that the spots cut out from the shirt were in the locality as those 1 which appear on the shirt produced in evi- dence, although there were two other spots l on the shirt that did not now appear to be ! visible.
 | The cross-examination was conducted by l MT. Doolittle. Witness said he injured his
 arm on an emery wheel two weeks and three days before EarIy's death, and that he cut his ! Early was killed He said he testified before
 the coroner's jury and that he stated that he | recognized the shirt by the blood spots upon
 1t. Said he did not say anything about the injury to his arm before ths jury of inquest.
 and did not testify that the shirt was not the 1 one he had when he received the injury to his
 arm. That he did not testify on the last trial
 that he could identify the shirt by slit on ! the left arm.
 l At 5:05, the cross examination of Carroll
 not being concluded, an adjournment was
 taken until this morning at 10 o'clock.
 City Court-CrIm1nal sIde--Judge Shell ! don.
 Michael Lukemsn, breach of the peace on ! Mary Ann Lukeman, $8 77 costs, 30 days in ] jail. Thomas McCahery same on Margaret
 McCahery, $S.77 costs, 40 days in jail same
 on Catherine Ready, $5.39 costs, 14 days ir
 jail. Thomas Malloy, same on Mary Malloy, | Po-oo SOStSJ 1O oAJS III JAll
 | Court of Common PIeas-Judee Torrance
 This court eame'in yesterday morning at 10 o'clock.
 The cases that received consideration were
 the following:
 James D. Dewell, trustee of estate ot Philip Hugo, against James Terrill. Suit to
 recover SIS for the estate for cigars sold de
 fendant, who claims that he never had the cigars.
 Samuel B Barney vs. James R. BramanI
 let ux.~ It is a suit to recover piano in a re. plevin action.
 Olsna Craig & Go. vs James Fallon.: It ii
 suit on g note purchased of one Joyce oi Meridsn. It is claimed by the defendant that
 the note WAS abstracted from place of safe
 keeping and frandulently negotiated, and thai if he owned anything on the note it has beer paid by set off
 1 Court adjourned until this morning at 1( l o'clock.