We give below a synopsis of the Proceedings of Court, up to yesterday, embracing all the principal cases for which we are indebted to Associate Justice Stauffer, who kindly permitted us to use his notes. There was nothing of especial importance before the Court, if we except the case of Dr. Loewen, which has excited considerable interest. We understand that the efficient Grand Jury, at the head of which was our esteemed fellow citizen, Alderman Betz, performed their duty in a manner worthy of general commendation.
Commonwealth vs. John Hiller. Indicted for keeping a tippling and disorderly house.
It appears from the evidence in this case that the defendant, John Hiller, keeps a house for the sale of porter, ale, beer, &c., at the corner of Walnut and Tenth streets, up town, where men and women, married and single, have been in the habit of congregating for years, occasionally disturbing the whole neighborhood with their vulgarity, profanity, &c. Persons of both sexes have been seen going in and out at all hours of the night. A number of witnesses were called on the part of the commonwealth, and the bad character of the house clearly established. Verdict guilty. Sentenced to pay a find of $50, and undergo an imprisonment of 3 months in the county Jail. His Honor, Judge Jones, remarked, on giving this sentence, that he considered it a very mild one under the circumstances, and that in future, persons convicted of similar offences, would be more severely dealt with.
Commonwealth vs. Harriet Hinly. Indicted for larceny of a sum of money. The defendant is from Pottstown. Plead guilty.
Commonwealth vs. Alex. I.C. Seagreaves. Indicted for Assaulting Mr. Fritch, Constable of Kutztown, in the execution of his office.
It appeared on evidence that Mr. Fritch, Constable of Kutztown, while serving an execution on a horse and sulkey at the suit of James Leidy, which defendant was driving out of his yard, was severely assaulted and prevented from exercising his duty in the premises. Defendant took hold of the Constable, wrested his cane from him and attempted to strike him. He afterwards choked and bruised the Constable, and then drove off. Constable Fritch is an old man, aged about 61 years. Verdict guilty. Defendant sentenced to pay a fine of $5 and undergo an imprisonment of 30 days in the county jail.
Commonwealth vs. Charles Smith. Assault and Battery on William Goodhart.
The parties live in Exeter township near Esterly's Mill and the dispute between them arose about the pine dividing their premises. From words they proceeded to blows. Smith attacking Goodhart, and injuring his eye and earl. Verdict guilty--defendant sentenced to pay a fine of $25 and costs.
Commonwealth vs. Samuel Pearson. Assault and Battery on John M. Reynolds.
This case was occasioned by a quarrel between Pearson and Reynolds who are engaged in the Steam Forge of Mr. Sabbatton. Reynolds, it seems, had taken a couple of smallers and was somewhat 'elevated' when the fracas took place. Plaintiff had his eye much injured in the scuffle and was laid up for several weeks. Verdict guilty. Sentenced to pay a fine of $10 and costs.
Commonwealth vs. Isaac Wenrich. Surety of the peace on oath of Esquire Kerlin & son. Verdict guilty--defendant to enter into recognizance in the sum of $100 with one or more sureties to keep the peace for five years.
Commonwealth vs. Charles Zoller. Assault & Battery on Jacob Kline, Esq.
The dispute in this case grew out of an attachment issued by Esq. Kline against defendant, in the course of which Dr. Zoller drew a knife on Kline. Several witnesses testified to defendant's good character and peaceable habits. Verdict, not guilty prosecutor, Jacob Kline, Esq. to pay costs, &c.
Commonwealth vs. Henry Himmelreich. Larceny of a shirt, umbrella, grapes, &c. Defendant plead guilty.
Commonwealth vs. Dr. F. Loewen. The defendant was arraigned on two indictments. 1. Assault & Battery with intent to kill and murder his wife, Mrs. Loewen. 2. Assault & Battery with intent to commit a rape on the oath of his step-daughter.
The parties in this case live in Reading.
An application was made by Mr. Hoffman, counsel for defendant, for a continuance of the trial until January term, alleging that defendant had witnesses who were in the State of Ohio, but refusing to state what he meant to prove by those witnesses. The Court refused to continue. The trial upon the first indictment will be found below.
Road case in the city of Reading, relative to a petition for the widening of Liberty Alley from Third to Fourth streets.
The Report of Jury that they have laid out said Alley as and for a street of the width of 60 feet, the additional width of 30 feet required to be taken from the north side of said Alley. It appearing that the Court of Common Pleas have no power to widen streets or alleys the report was set aside.
Commonwealth vs. Dr. Ferdinand Loewen. Assault and Battery with intent to kill his wife, Mrs. Catharine Loewen, to whom he has been married about two years. J. Glancy Jones and J.L. Dunn, Esqs., for commonwealth; A.M. Sallade and G.G. Barclay, Esqs., for defendant.
The assault for which Dr. Loewen is indicted took place on the night of the 27th October, the Dr. being under the influence of liquor at the time. As this case has excited a good deal of interest we give the most important evidence brought forward at the trial, taken from Judge Stauffer's Notes.
Christian Greiner, Sworn, says "Mrs. Loewen is my daughter. She was married twice. Christian Haws was her first husband, who died 14 years ago. She has two children by her first husband, who now live with her. The oldest is a little more than 14 years old; his name is Frederick Haws; Margaret Haws (the second child) is 11 ½ years old. Mrs. Loewen was married to Dr. Loewen about two years ago.
Mrs. Catharine G. Loewen sworn, saith---"I detected the Dr. in one thing. At that moment some one came into the shop. I went into the Kitchen when the Dr. followed me, and cursed me. Then he went up stairs and got three pistols, and came down in a few moments and presented a pistol; it was one of the large ones. He threatened to shoot me and presented the pistol to my breast. The pistol might have been a foot or two from my breast. I said "Dr. think of your infant before you take that step." Margaret had the child in her arms. He then said that he would murder his child before he would leave the world. He then went out into the garden. About ten minutes after he came back, and had the pistols in his coat pocket. I was in the kitchen. I saw that he was in a rage, and begged him to stay in the house and not expose himself, but he went out. I heard him pound something in the shop; this was before he presented the pistols. At that time I had no idea what it was, but I heard a pistol snap immediately after. This was between 4 and 5 o'clock, P.M. of the 27th of October; he left between 4 and 5. He came back between 10 and 11. I heard him before he came in. He then came into the sitting room. The room was dark except the light from the shop. It is a drug store. I heard him search for something on the Secretary. After he was gone out I found these three pistols on the Secretary. I took them up stairs and locked them in a room. After he was searching I asked him whether he was going to fight. When I said that he took hold of me. Two men, Richard Karns and Samuel Foesig were with him. I then went into the kitchen. He followed me immediately. Messrs. Foesig and Karns followed him; Mr. Karns tried to keep him off from me, and the Dr. got into a struggle with Mr. Karns. Karns got the Dr. on the floor, and the Dr. gave him a blow, and Karns gave the Dr. another blow in his eye, and asked him whether he would now leave his wife in peace. The Dr. knocked the candle off the table and put it out, and got me by the shoulder and dragged me to the dining room door. There was a chair standing behind the door. I thought the Dr. must have fell over that chair; in that manner I got loose and got into the shop. He hurt me, not severely; my shoulder was bruised was black next day.
Cross-examined The Dr. is a druggist, had a drug store at that time, was in the habit of mixing drugs, had mortars in the shop, was using those instruments by night and by day. The Dr. has a pocket knife which he carries in his pocket, has knives in the shop which he uses to prepare medicine. He had those pistols ever since I have been married to him. I was in the kitchen when he came down stairs with the pistols; can't say that he had been drinking that day but know he is in the habit of drinking. Sometimes he treated me very kindly, and at other times, bad. The Dr. talks a great deal sometimes, and blusters; the Dr. was in the habit of doing me kindnesses never refused if I would ask him for anything; have no doubt drinking was the cause of all this. He threatened me before but never done it. He offered to strike me but I got out of his way. He was in liquor every time. When I got out of his way he never followed me. He threatened that if I would put him to jail, as some women do; he would make me cold.
I never was afraid he would do anything only this last time I was. We were married a few weeks before difficulties arose; never threatened my life before this occasion.
By the Court He threatened me when he presented the pistol, and when I made the appeal to him he went out in the garden.
Charles Boyer, sworn Between 11 and 12 at night saw Dr. Loewen in the alley. He said he had done wrong and wanted me to take him to jail. I examined the pistols; two of them were loaded, one was not. The brass one was loaded; one of the larger ones was not loaded.
John Mellon, sworn. One of the large pistols was loaded and the brass one. I found four slugs in the large pistol and a bullet in the brass one, and powder in each. The large pistol was capped, the other had very little priming. Francis Greiner brought the pistols to me; he is a brother of Mrs. Loewen.
Francis Greiner, sworn. On Friday morning I went to my sister (Mrs. Loewen) she showed me those 3 pistols. I examined them and found they were loaded. At that time I thought they were all loaded, but found one was not. Can't tell which one was not; it was one of the large ones.
Charles Boyer, recalled. I saw the pistols immediately after and found the brass one, and one of the large ones loaded. I went in after they took Loewen away. Mrs. Loewen took them out of the drawer, and showed them to me.
Mrs. Loewen, recalled. After they had taken the Dr. away I brought the pistols down and showed them to Mr. Boyer. The pistols were in no other hands.
Samuel Foesig, sworn. I saw Dr. Loewen on the evening of Oct. 27, 1847. He told me to go along home with him. Karns went along too.
Richard Karns, sworn. Saw Dr. Loewen in the evening. I went home with him. I thought he would make some trouble in the house. Mrs. Loewen got a candle; the Dr. took the candle from her, and run right behind her. She commenced hallowing and run away from him to the door, and the Dr. behind her. I tried to stop him, when the Dr. struck me in the face. Then I laid him on the floor and held him about 15 minutes. It was dark. I did not see whether he took hold of her. She cried 'murder.' After I let him loose he run back into the kitchen. Next I saw of him several men had him in front of the house.
Cross-examined. The Dr. was very drunk.
John Stedham, sworn. I heard there was a rumpus in the house; heard a woman screaming and cry murder. I went round to the back door and went in. Met the Dr. in the passage; caught hold of him and attempted to bring him out. He had something in his hand. I thought it was a dirk or knife. There was no light in the room except the moonlight. Left him in the hands of the constable.
Cross-examined. Don't know that it was a candlestick. I suppose he was drunk by his looks.
John L. Morris, sworn. I arrested the Dr. I think he had a knife. He struck at me and cut me through the shirt. I warded off the blow.
Foesig, recalled. Saw no knife in his hand.
The above is all the testimony of importance. The case occupied the whole day, and was given to the jury in the evening, who yesterday morning returned a verdict of guilty, against the defendant, in manner and form as indicated.
In this city, on the 2nd inst., by the Rev. A.B. Grosh, Mr. John G. Jones, of Utica, New Jersey, to Miss Emma M., eldest daughter of the Rev. A.B. Grosh, of this city. On the 12th ult, by Rev. John M. Richards, Mr. Napoleon B. Markley of Chester county, to Miss Ellen Ann, daughter of Caleb Liggett, Esq., of this city.
On the 17th ult., by the Rev. B.A. Shrob, Mr. Martin Nooney, to Namone Nagle, both of this city.
On the 30th ult., by the Rev. Wm. Pauli, Mr. Wm. Fisher of Bern township, to Miss Kitty Rothenberger, of Alsace township.
On the 31st ult., by the same, Mr. John Fuhrman, to Miss Caroline Hertz, of Robeson township.
On the 31st ult., by Alderman Mengel, Mr. Evan B.S. Foster, to Miss Harriet Rusk, both of this city.
Submitted by Nancy.
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