Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1890-10-29
ALLEGHENY'S WHIRL.
Local Cases Consume Another Long
Day in the Supreme Court.
ONE MORE GRAFF-BENSETT ECHO.
A Test Now Being Made of the Rights of
Detained Witnesses.
OTHER WORK OF COURTS YESTERDAY

The Supreme Court yesterday continued
consideration of Allegheny county cases.
Shortly after the opening of court the
case of the appeal of Alderman Doughty
from the finding Of the Criminal Court,
which was down on the list as the twelfth
case for argument, was, by the request of the
counsel on both sides, continued, and will be
placed or the book as the last case. Nom
presses were entered in two cases of Nc
Afee vs Doherty ct al and the appeal of
Brindle.
The first case argued was the appeal of
john F. Rivers, certiorari to Common Pleas
No. 2. This case is one for the possession
Of piece o. property in Lawrenceville. The
property was conveyed by deed by John A.
Miller to Fred Rivers. The children OF
John A. Miller claim that at the time the
deed was given, Miller was unfit, mentally,
to transact business. The counsel for Mr..
Rivers. on the other hand, claims that Mil
ler's mental condition was all right, and the
property was deeded to Rivers at very
small price, because of his having taken
better care of Mr.. Miller than his own
children.
AN APPEAL BY A BANK.
The appeal of the Iron City National
Bank from Common Pleas No. is an
action of assumpsit brought by the Iron
City National Bank against Martha j. Nc
Cord, the sum involved amounting to about
$780,
The appeal Of Ann Redman from Common
Pleas No 2in the matter of the petition of the
Sellers Chapel Methodist Church of Braddock
TO sell real estate, was taken up. This case is
where the appellant donated to the church
certain piece of ground on which TO build
church The inc ease in the congregation
made larger church necessary, and they de-
termined to sell the g. ~ ~ and purchase
larger site. This was objected to by the ap-
pellant hence the suit.
The case of Mary Davis, appellant VS. the
Jefferson Gas Co II iaGy, was next taken up for
argument. This is a case wherein the gas COIN
pany entered upon the land of Mary DAVIS in
Baldwin township. containing about so acres
An award of damages was made in Common
Pleas No. !, from which Mrs. Davis appealed.
The eappeal was taken on alleged errors made in
the Judges charge.
The appeal of James L. Orr from the finding
OF q Quarter Sessions Court was taken up. In
this case James L. Orr. a well-known real es-
tate agent was convicted Of assault on l6-year-
cid @lrl, May Kelly. The argument was based
on the alleged alibi proven by Orr and the par
tiaiity or the charge made by Judge White Us.
Robh argued for the appellant that Judge
prisoners favor, and commented wholly on that
IN favor OF the Commonwealth, and il conclusion
SAID. "A juror should have no doubt where he
would have no doubt as a man." which Mr..
hobO thought was palpahle error.
The appeal of the Second National Bank of
Allegheny from the final decree of Orphans
Court was next placed in argument. There are
four of these cases. and they all bear on the
one special count The case is for the recovery
OF certain bonds, mortgages, etc. held as col
lateral security of James Marshall, Jr., who
vas one OF the trustees of the Marshall estate.
The lower court decided that the funds of the
estate could not be held as the personal colat-
teral security of James Marshall, Jr., on which
decision the appeal was taken.
ANOTHER GRAFF-BENNETT ECHO.
in the appeal of the New York Life Insur.
ance Company from e. P. No. 2, the argument
was made by D. I. watson. The appellants
held mortgage debt on the firm of Graft
Bennett & Co. secured by real estate The
debt amounted TO S45O, 600 evidenced by three
bonds, two for $4,000 each and one for $3.50. .OOO
After the firms assignment the assignee paid
yce OF these bonds, and 81 0C0 had been paid on
account of another bond. The whole anonnt
oi the claim WAS then presented to the auditor
and allowed by him. and a dividend, upon con-
qluon taat the insurance company assign TO
JoGn II. Bailey, the assignee, for the benefit
ci the creditors OF the firm who were unse-
cured, portion Of the mortgage debt equal to
the amount of the dividend so awarded This
was refused. hence the suit
The appeal of A. d. Miller & Sons. certlorari
10 the court of Quarter Sessions was next
taken up far argument. This case is one where
N A. ID. Miller Sons were indicted for keep
ing and maintaining a nuisance in the sixth
ward, Allegheny the nuisance being an oil re-
hnery which was alleged to have sent forth foul
odorS. The errors alleged are that the District
Attorney who took no other part in the case at
the request Of private counsel exercised his
power OF standing aside the entire panel and
the court allowing evidence of partial nature,
nR hN- Sol Slrhn l.
The arguments for to-day are: Common
wealth OF PENNSYLVANIA VS. Weiss Collins VS.
CHARTERS Valley Gas COMPANY Lewis VS. Ratti-
gan, Swaney VS. Hunter. Phillips VS. Craft
COrnealius VS. Hambsy. Crawford VS. Shriyer'
King VS. HumphrieS, appeal of Wolf appeal of
DIttmans, appeal OF Harrison, appeal of Koch,
appe2! Of McCafrey, Bunting VS. Hogsett, Nc
Cracker Sons VS. Hamburger