Year: 1867




COURT OF OYER AND TERMINER-Judges
Pierce and Brewster5Wam b. Mann, District
The Court reassembled at o'clock on Saturday
afternoon, and the remaining juror was secured.


An application made by Mr.. Kilgore for
Adjournment of the case until Monday but the Court
M, Mr.: Mann opened the case for the Commonwealth;
The examination OF witnesses was then commenced,
coroner Daniels testified to holding an Inquest upon
DR.. shapleigh testified that he made post-mortem
examin alton; there was bruise upon the index finger
and righl temple, seven CONFUSED wounds upon the
hlsd Two in the LEFT temple the Instrument striking
bIan Two upon the forehead one over the right eye
penetrating the brain another directly over the nose
the bruise upon the right temple there was clot of
been cut, the wound being five inches long, extending
from behind the LETT ear across the neck TO the front
OF the Jugular vein; the wounds on the head were
sufficient TO cause DEATH but the wound on the neck
instrument, such us a razor would have caused the
wound in the throat blunt instrument of peculiar
(rlveling hammer shown; this instrument, one
applied the hammer and it fitted the wounds exactly
one OF the wounds was up to the very handle OF the
-sxamined-FIve Of the seven wounds psne
trated to the skull the relative positions Of the per
to nfiict the wounds by being held in different direc
person standing on the front or right side OF the
deceased the blood spread over the floor; 1 saw
o6e cts; Should think she did not Bleed BIZ 6efore shs
fell 10 me Moor the blood being on either side Of the
the weapon upon the throat there probably was a
squirt Immediately on the instrument being applied,
but the greater part OF the blood would well out.


In my opinion might be possible not probable to
the position Of the wounds lot Incompatible with
the Idea that the person inflictinR them in the
would have given out the spurt the incsion on the
sharp cutting nstrumeEt could have produced the
Examination direct-In my opinion, the reception
ofthe wounds on the head would impair the heart
and its action would not have the power.


Colonel A. l.. MagiltOu SWOrn-DOTCaS MagilCOn
was my mother she was sixty three: she lived at No
1909 shippen street (plan fpremises shownG made
The plan was offered in evidence.


Mr.. Adam Maglton, the husband of the deceased,
was next called by the Commonwealth.


MI kngore: forthe prisoner. objected to the exam
posed witness did not believe in the existence OF
supreme Being, and was therefore incompetent to
Alter long argument by the counsel, the Court de.
cded TO admit Mr.. Magilton as witness leaving to
necton with the evidence TO be given by the witness
This occupied the attention OF the Court until near
ten o'clock on saturday evening, and after adminis
tering the oath TO Mr. MagtOn, The Court adjourned
until this (Monday) morning.


THIS MORNINGS PROCEEDINGS,


In pursuance OF the recent act of the legislature
called the May term was begun this morniSg. the
petit jurors OF the regular panel those serving the
day and the Grand Jury earlier In the WeeE TSis
morning the Grand Jury for the present term came
before the Court, and Judge Ludlow addressed them
the request of the President of this Court appear
oyer and rerminer of the Quarter Sessions and
General Jail Delivery for the County of Philadelphia.
Ihe term VIII commence 80 far as the petit jury Is
concerned on Wednesday morning next, At O'Clock,
FEW words 10 say in opening this term term OF 6onft You
nscs s%orh as grand nT3r and you occupy
with crime without having bis first stated before
there Is upon tie facts OF the cEse snfcent cause
70 call him into this Court for Tiala citizen cannot