No specific laws identified for this ruling.
The court affirmed dismissal of the police officer's mandamus action seeking reinstatement, holding that he failed to exhaust administrative remedies before the Civil Service Commission, which has jurisdiction over removal actions including the Borough's implied removal by refusing to reinstate him after he revoked his resignation.
APPEAL by dependant prom the court op oyer and TERMINER OP GREENE COUNTY. No. 194 October Term 1889, Sup. Ct.; court below, No. 2 June Term 1888, O. and T. On January 6, 1888, tbe grand jury returned as a true bill an indictment charging George Clark, Frank Clark, Sr.,' and Zach. Taylor, with the murder of Wm. McCausland on September 10, 1887. On April 3,1888, a severance was had and the trial of George Clark was ordered, resulting in a verdict of guilty, on April 14, 1888. The judgment oh the verdict was affirmed on writ of error to this court, on February 11,1889. See Commonwealth v. Clark, 123 Pa. 555, where the material facts relating to the murder sufficiently appear. On January 15, 18,89, the indictment of Zach. Taylor was called for trial, resulting in a verdict of guilty, and on May 1, 1889, judgment was passed, which on October 28, 1889, on appeal to this court was affirmed. See Commonwealth v. Taylor, 129 Pa. 534. On June 5,1888, after the trial and conviction of George Clark, an information was made by the widow of the murdered man charging “ that she had cause to suspect and did suspect that Benjamin Clark did kill and murder William McCausland, and did assist in the killing and murdering of said William Mc-Causland.” Upon this information the defendant, who was a son of Frank Clark, Sr., was arrested, committed, and on June 20,1888, an indictment charging him as a principal in the murder was found a true bill by the grand jury. Issue. The cause was called for trial on April 4, 1889, and a jury impaneled. After the admission in evidence of other facts tending circumstantially, as- it was claimed, to connect the defendant with the actual commission of the crime, George Calvert was called and sworn for the commonwealth: The commonwealth: We propose to prove by this witness that about three weeks after the murder he was out hunting in the woods called “ Cloud’s Woods,” and came across the defendant and a man name
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