Page images
PDF
EPUB
[graphic][merged small][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][ocr errors][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][merged small][merged small][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][merged small][subsumed][subsumed]
[merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][subsumed][merged small][merged small][merged small][subsumed][merged small][subsumed][merged small][subsumed][merged small][merged small][merged small][subsumed][merged small][merged small][merged small][merged small][merged small][subsumed][subsumed][merged small][merged small][merged small][merged small][merged small][merged small][subsumed][merged small][subsumed][merged small][merged small][merged small][merged small][merged small][subsumed][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][subsumed][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][subsumed][merged small][merged small][merged small][merged small][subsumed][merged small][merged small][merged small][merged small][merged small][merged small][merged small][subsumed][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][subsumed][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][subsumed][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small]

Horse stealing

Q. S. Somerset county

do

6430

65 41

Westmoreland county, Pa.
Connecticut

December 20, do January 10,

10 do

1832 18 months

Conspiracy

66 15

Huntingdon county, Pa.

January 24,

do

67 24 fem.

Butler county, Pa.

March 2,

[blocks in formation]
[ocr errors]

1 year

Larceny

18 months

[blocks in formation]

Horse stealing, & burg'y O. T. and Q. S. Washington co Second

Concealment of death, &c

[blocks in formation]

2 do

Larceny

Q. S. Centre county

Fourth

2 do

Larceny

Q. S. Erie county

First

23 do

Burglary

O. T. Erie county

do

3 do

Burglary

O. T. Erie county

do

do

4 do

Horse stealing

do

1 do

Larceny

Q. S. Beaver county Mayor's Court, Pittsburg

[blocks in formation]

do

2 do

Larceny, and passing

counterfeit money

[blocks in formation]

Larceny

do

Horse stealing

do

Burglary

2 do

Mayor's Court, Pittsburg
Mayor's Court, Pittsburg
Q. S. Allegheny county
0. T. Allegheny county

Receiving stolen goods Q. S. Erie county

[blocks in formation]

2 do

Fraud

Q. S. Crawford county

do

Oct. 13, 1832, pardoned

[graphic]
[blocks in formation]

Remaining in prison on the first of January, 1832, 64 prisoners-Received into the penitentiary during the year 1832, 48-Total, 112. Discharged during the year 1832, by expiration of sentence, 12; by pardon, 10; died 2-24. Remaining in prison on the first day of January, 1833, 88 prisoners. White males remaining in prison January 1st, 1833, 74-Colored males, 12-Total number of males, 86. White females remaining in prison January 1st, 1833, 1-Colored female, 1-Total number of females, 2. of males, 86-Whole number of females, 2.-Total, 88.

Whole number

[blocks in formation]

To the Inspectors:
I have the honor to report, that during the past year,
there have been in the Western Penitentiary of Penn-
sylvania 96 cases of sickness, and two deaths. It will
be seen by the list annexed, that there has been a dimi-
nution from last year, of cases of rheumatism, probably
from the greater dryness of the cells; and that the cases
of diarrhoea were three times as numerous as in the pre-

of Erie, on this day. The justice fined the persons who had fired-they appealed, and the case as it came up in the common pleas is thus given in the Erie Observer. Shippen, president judge.

Com. Pleas, Erie county, Aug. Term, 1833. Benjamin Deffinbaugh et al. Plaintiffs in error vs. Samuel Agnew, who sues for himself, as well as for the This was a certiorari to William Kelly, Esq. Justice of Commonwealth.

the Peace.

ceding year. How far this increase of diarrhoea may be accounted for from the gradual increasing foulness, unavoidable in the present arrangements, and how far it may have been owing to the peculiar influence of the general atmosphere last summer, it is difficult to say. Neither can this prison, as now constructed, afford a fair trial of the effects of confinement on the health of convicts. The want of ventilation; the retention of foul night pans in the cells for twelve hours at a time; and the offensiveness of the privies, contribute no little to disorder the health I beg leave to recommend that the cells be so constructed as to admit of ventilation, and of the excrement passing off by means of water closets to a sewer leading to the river; the sewer to be kept constantly clean, and for that purpose, that some means of furnishing a more abundant supply of water be provided. Should the cells be re-modelled and enlarged to 1st. The offence is entirely statutary, and is not in the plan of those of the Eastern Penitentiary, there will the words of the statute, in either the information, warbe no need of an infirmary; the sick can then be attend-rant, or conviction with sufficient precision. It is not ed in their cells, and the necessity of removing them to the borough of Erie-nor that Erie is a county town, or stated that the alleged offence was committed "within" a larger room will no longer exist-an operation which ought always, if possible to be avoided, as equally in other town or borough within this (province) commonconvenient and hazardous, in the discipline of a prison. I beg leave, however, to recommend the erection of a 2. There can be but one offence committed, and conbath house, in connexion with the undressing room, af- sequently but one penalty, and the conviction of the ter the plan of the building for similar purposes, in the justice is for 16 offences committed at one time. penitentiary at Philadelphia.

tice, it appeared that Samuel Agnew brought suit to reFrom the return of the proceedings had before the Juscover the penalty of firing a gun within a borough town, under an old act of Assembly, enacted in the year 1750. 1833, were members of a volunteer company, and on tha Benjamin Deffinbaugh and others, on the 4th of July, day, in pursuance of the orders of their Captain (Howell) had fired a cannon within the borough of Erie sixteen times. To the information filed by Agnew, they severally plead guilty, whereupon judgment was given against them for five shillings for each and every time, and cost of suit. Ramsey, Barrett, and Galbraith, appeared as counsel for the defendants below. Walker and Riddle for the Commonwealth. The following er rors were thereupon assigned by the counsel for the defendants below, to the judgment of the justice:

It is my opinion that a prison constructed, ventilated,
and supplied with water, on the plan of the Eastern Pe.
nitentiary, would lessen the expenses to the several
counties, not only in enabling the institution to obtain
more labor from the convicts, but in lessening disease,
and of course the annual expense for medicines.
Very respectfully,

W. H. DENNY, M. D.,
Physician of the W. P. of Pennsylvania.

[blocks in formation]

wealth.

3. The conviction is too uncertain in not stating the entire amount, he adjudged the defendants to pay. It is left as a matter of future calculation and computation.

4. The conviction is also too uncertain to be carried into effect in being rendered in a foreign currency, and not reduced to any certain amount in currency of the

United States.

5. The law under which the conviction took place is unconstitutional and obsolete.

6. The conviction is at all events void as it costs.

7. There was no cause of action.

8. The judgment was illegal.

respects

Rumsey on behalf of the defendants below, was about proceeding to argue the points before the court, and to cite the law, when he was stopped by

The Court.-We do not wish to hear counsel on behalf of the defendants until the prosecutor shows that the act of 1750 is still in force. It is our impression that the act is in this instance obsolete, and on this point we will hear the prosecutor.

Walker.-The act of assembly has never been repealed, and convictions have been had under it. Counsel around me say they know of convictions within their recollections. The act is not unconstitutional, &c.

The Court. The common custom practised in, universally, for fifty-seven years, of firing cannon on the 4th July, has become common law; and this is the first time that ever a court of justice has heard of a prosecution for firing cannon on that day. On a certiorari, where it is reversed, it is common law for the prosecutor to pay the costs. Judgment of Justice Kelly reversed.

We have been furnished with the following opinion of the Hon. Judge Shippen, in a case which has recently been before our readers. We refer to the prosecu tion of the gunners in an artillery company, for aiding in the celebration of our nation's anniversary by the firing of cannon.

[blocks in formation]

There are eight exceptions in this case. Without considering the others, the conviction is to be reversed chiefly on two grounds.

"I now proceed to the estimate of this work, accor ding to the plan above detailed. In this estimate, a provision is made for clearing the bed of the river from obstructions made by the present wing dams; and also of clearing the shores of standing and fallen timber, as well as for removing the few snags which now exist. No provision, however, is made for the damage done to the two river mills which will be destroyed, and two or three mills on the tributary creeks which will be somewhat injured by the improvement. The cheapness with which steam engines are made, and the pro

power so economical, that the water mills on the river have been gradually loosing their value, and, of the number which formerly existed, only two now remain. These reasons justify the conclusion that the claim for damages that can equitably be made, must be small. But, as this amount depends on the arbitrary value attached to their property, by individuals, it could not be introduced with propriety into this estimate.

[ocr errors]

8.

Forsyth's old dam

N

No.

1. The judgment is vague and uncertain, in not stating with precision the amount which defendants are ad. judged to pay. Nor does the record state to whom the fine is payable, whether to the borough of Erie, or to Mill creek township; within which Erie is or lately was situated, and of which the borough of Erie lately form-fusion of fuel, have rendered the use of this species of ed part; nor does it state what sum or part, or to what person as informant, the fine or fines, whatever they be, are to be paid. The execution must follow the judg. ment, and it will not do to leave all these matters to the constable to search up and decide, among the several old laws on this subject. It would be to make the constable a judge on difficult points. Further. For these fifty-seven years, ever since the 4th of July, 1776, it has been so universal a practice throughout the whole land, to fire cannon and musketry,by the volunteer companies in celebration of that day, that we might say it has become the common law of the land, by common and universal consent, superceding the old statute and the statute of Geo. I. therein referred to. A much shorter time has fixed and established a common law among us different from the English law, by a change of the nature of our government, and under our constitution of 1790. I mention, for instance, the payment of fees to Prothontary not becoming due till the termination of suit. The failing party, in certiorari, generally having to pay the costs, although the law is different in writs of error; and this has received legislative sanction by act of 1810. This is probably the first attempt, since the establishment of our government, to restrain the celebration of the fourth of July, by a prosecution in the name of the commonwealth. If an individual injury had been done, there is always redress by a civil action for damages. But that is not now the question. It is whether the citizens may celebrate the anniversary of Independence as they have used to do for upwards of fifty years, without a petition to his Excellency, the Governor of the state, for leave to do so. It would be somewhat novel for the Governor of Pennsylvania to be granting letters of license, pursuant to the statute of 1752 for that purpose. If that statute is generally in force, his leave might, without any restrained presump. tion, be presumed universal in the state for that special occasion.

The law is plainly laid down in Hawkins, P. C. that the same strictness required in indictments extend to all summary convictions, and it is right it should be so, particularly when there is no appeal from the judgment of a single magistrate. This conviction is therefore set aside. HENRY SHIPPEN. To be filed by Mr. Walker, counsel for the Commonwealth.

Situation.

burg, navigable for Steam Boats of 100 tons. Estimate of the Expense of rendering the Monongahela river, between Brownsville and Pitts

Locks.
Height of Lift of Estimated

dam.
from last
Distance

Pittsb'g.
from
Distance

Length.

Cost.

M. Yds.

M. Yds.

Yards.

Feet.

Feet.

Dollars.

1. M'Clurg's mill, 2. Braddock's lower ripple 8

[blocks in formation]

4. Fishpot ripple 3. Pine Run ripple

[blocks in formation]

5. Parkinson's upper dam

7 1620

27

130

210

44

14,965

6. Frey's Shoals

11 1320

38 1450

220

4

16,542

7. Baldwin's dam

[blocks in formation]
[ocr errors]

9

dam.

From the Pittsburg Gazette.

IMPROVEMENT OF THE MONONGAHELA

RIVER.

The Hon. Andrew Stewart has furnished to the editors of the Pennsylvania Democrat, the report of the Engineers employed last summer in making a survey, plan, and estimate for the improvement of the river from this city to Brownsville. From this report we now extract the conclusion and the estimate. We will, perhaps, publish the whole report in our next paper. In his note to the editors, Mr. Stewart says "You will perceive that the President has declined deciding on the plan, until further surveys are made, which will be done this summer." He also expresses the hope that appropriations, for the commencement of the work, will be made at the next session of Congress.

[blocks in formation]
[blocks in formation]

Add 10 per cent, for contingencies, 22,117

[blocks in formation]
« PreviousContinue »