American Republican and Baltimore daily clipper. [volume] (Baltimore, Md.) 1844-1846, 1844-11-20
[Reportei for the American Republican,
BALTIMORE CITY COURT.


murder casc---bcing the State VS. Elijah Pea
cock and Rosana Herbert, indicted for muir
der, in producing the death of jerry Willis, a
cclored man, during the past summer
Mr.. iainy, sworn. On going out Richmond
street, III the afternoon when near Larews al
lev, saw Peacock and Il colored man \heleved
to have been Jerry Willis,) standing near to- ,
gether; negro had small stick in his hand.
which lie had taken from boy, and said he
would 90 aud see himself righted; after the ne
gro had passed short distance across Rich
mond toward Tyson street, Peacock followed
after him, rema1king that he would 20 and see
himself righted too; Peacock overlook the ne
gro and struck him. negro threw up his hand
with the stick, but did not strike; Il white wo-
man then came up to them, from L.arcw's al
ley, and gave the negro several blows; Peacock
told her TO let him alone Peacock then seized
the negro by the collar with his left hand, and
struck him several blows with his right; felt
satisfied Peacock held some sharp instrument
in his handswhen striking the negro; the ne
gro, as soon as released, ran of, bleeding; the
white woman threw several bricks at him;
some Of them struck the negro; could not say
positively that the prisoner was the woman
spoken OF; felt satisfied asto the person OF Pea
cock.
Cross-cxamincd by the defence, Knew Of
no reason for the assault the negro might have
used bis stick when struck by Peacock, but he
d,d not; the blood upon tie negro must have
been seen by the woman when she attacked
him; the negro was upon the opposite side OF
the alley from Peacock when he spoke of going
to see himself rGhted; was confident that Pea
cock drew a knife from his left pocket, passed
it to his right haad, seized the negro by The col
~ a.. IA 4 IL Il 81
Mrs. Marshall, sworn. Was sitting in the
second story of her dwelling, in Richmond
street; heard noise, and upon locking out
from the window, saw Peacock beating color
ed man, upon the corner of Richmond and
Tyson Streets feeling alarmed, witness placed
her hands over her eyes, and upon her remov-
ing them, saw Rose Herbert come up to them,
and strike the negro, when Peacock gave him
several thrusts; could nc. see whether he had
knife ia his hand; soon after saw the blood
running down the negroes pantaloons; negro
was hod-carricr, ard the blood showed plain
ly upon his clothes; blood was also seen upon
l house near by; did not gee the woman pick
up & stone; saw her beating the negro upon the
head; the woman used harsh language toward
the colored man: heard the negro say, "den't
strike me;'' did not see hin do any violence
Sarah Jane Marshall, sworn. Was with her
mother, and upon looking from the window,
saw Peacock holding the negro by the collar; he
changed his grasp, and holding the negro with
his right hand put his left into his pocket, and
took out a knife; he let It drop, but picked it
up, and opened it with his teeth. The witness
thinking prisoner Intended violence with the
knit placed her hands over her ACES, to prevent
her from seeing what she supposed was going
to be something horrible. When next the wit
ness looked for the parties, she saw the negro
going off, bleeding very freely, AT the time the
knife dropped, the woman struck the negro Sc
veral blows
Mrs. Horn, sworn. Heard noise upon the
street, and upon going to The door, saw tca-
cock and the woman, about one hundred feet
distant, holding a colored man; Peacock was
plunglng him, and the woman striking him; rs
soon as they ceased, saw the negros arm fall
by his side and quiver; saw blood flowing from
it; did not see the colored man strike any
body.
Mrs. Jane Dorsey, sworn. In passing up
Richmend-st., saw a white man beating Il ne
gro; the negro was resting against house, with
u small stick raised above his head, as if TIC
ward of blows; woman came up, and gave
him several blows across the forehead; saw
brick fall from her hand upon giving the fourth
blow.
Mr.. Mckee, sworn. Saw negro and Pea
cock close after each other cross Richmond-st.
from Larew's alley to Tyson-st. Peacock over
took him, seized him, turned him around, took
a knife from his left pocket, letttfall picked it
up again, and gave the negro several stabs;
woman then came up, and struck the negro Sc
vera times thinks she had brick in her hand;
some person said to the coleied man, Ego get
your wounds dressed, )" when the woman said,
'damn you, I'll dress your wounds" and threw
a brick at him. The negro bed prOfusely, and
in STOPPING to pick up his hat, the blood nearly
half filled IT.
Cross-examined. There was nothing to pre-
vent Peacock's inaictng a wound where he
pleased, bat should think, from the position of
the two, the arm would most likely receive a
hasty blow; the negro did not take hold Of Pea
cock
Mr.. Stewart sworn. Was first attracted by
hearing woman curslng upon the street; upon
going to the window, saw Peacock wiplng
blood from the blade of knife; don't know
what he did with it; saw the negro stoop to
get his hat, and the blood gushcd freely into it;
was within few feet of them; heard Peacock
say, "Rose, he wants you to bind up his
wounds" to which she replied, "D-n him, t'll
bind mp his wounds for him" and threw stone
ct the negro.
DR.. Clark, sworn. Was sent for to see a
man said to be dying; went, and found the CO.
lored man snotnn OF bleeding proii'sr'V from
the arin; applied proper a.cans TO suppress the
sac, VITA d view To send him to tbs ".si.,t..,
but lie died in a few moments afterwards. Up
on examining the corpse another wound was
discovered upon the left side, under the liver;
the incision penetrated the left lobe OF the
liver did not think it fatal; death was pro-
duced from the wound upon the right arm,
The State here rested Its case.
The defence, by permission, read to the jury
an affidavit, setting forth that John Merritt,