American Republican and Baltimore daily clipper. [volume] (Baltimore, Md.) 1844-1846, 1844-11-27

ltulu, was lliC OHB tlStu ny fiCllIlbSu' W
ness, upon finding Mclntosh beaten, went TO
the corner OF Hanover and Pratt SITS. for watch
man Stockctt, and directed him to pass up
Pratt-st. to Sharp, and TO Join him at the Uni
ted engine house; witness went up Pratt To
Howard, ard found Waterman Tingstrom had
been beaten near the n. w. corner of Howard
and Lombard sts.; should suppose this was a.
bout minutes after leaving Mcintosh, where
he was beaten; saw Mcintosh near the engine
house, and directed him to go up to the watch
house; he was bleeding.
Peter Tngstrom, sworn. Was OF duty as a
Watchman; about or minutes to O'Clock
was standing on the corner of German and Ill
berty sts passed to corner Of Liberty and How
ard SITS, about 5 or minutes after O'Clock;
heard an alarm Of fire; passed to N. w. corner
Of Lombard and Howard SITS; saw a number oil
persons approaching from Sharp-st.: asked them
where the fire was; they said, "wo did not hol-
low fire, and if you say we did, you're d--n
lying s--n Off b-h;" the oath was uttered by
VIM. FreeberTer; witness took hold OF him,
when Jones came up, and said if witness would
lot Freeberger 90, he would take him away; in
the meantime witness was struck and Knocked
down; saw VIM. and Geo. Freebcrger, Samuel
Jones, and Charles Brown together in the par
ty; thinks they had a spOntOon it was raised to
give u blow, but some person prevented it;
could not be mistaken in seeing Jones; know
him well; he lives in my ward.
Cross examined, Could not say who had
the spontoon; had said in previous trial. for
an assault, that something white was raised,
resembling spontoon; did not know at the
time of the assault that it was a spontoon; did
not then know that Mcintosh had lost his.
Examination in chief resumed About five
minutes after the assault, Weaver came up to
the place where it had happened
At this stage of the trial. the Court took a
recess from 2 to halt-past 3 o'clock. Having
again assembled, the case was resumed.
Waterman Heady, sworn. At twelve mi
nutes past . o'clock, heard an alarm of fire;
was standing in Lombard near Howard street;
House; heard Tingstrom cry out, "kll me
kill me;', ran to him, and in approaching him,
was thrown Nout into the street, there was d
good many of them; could not tell who they
were at the time.
Cross examined. Saw Jones pass in the
rear of me; he went up ioward-st. in the di-
rection of his home saw nothing in his hand.
Walter Frazier, sworn. Was on duty as a
private Waterman; saw Mcintosh quarter
before two, III German, between Hanover and
Charles-sts.; he was in good health: Mcintosh
went down to Lombard-st; on Monday he
was taken to the Hospital
| Edward Grimes, sworn Halfpast O'Clock
Mcintosh came TO the Western watch-house;
his head was much cut, and bleeding freely; he
he was carried 10 his own house in the morn
ing.
DR. Amman, sworn. AS visiting physician to
the hospital, saw Mcintosh, OH Tuesday MORN
ing; he was brought there on Mondays; dscov-
cred wound upon the crown of the head,
and a bruse upon the right side he was deli
rious, inflammation of the brain having taken
place; he died on Wednesday; post moriem
examination was made, and upon removing the
scalp, there was found fracture of the skull
about eight inches long, about an inch above
the right ear; there was Il large quantity of CO.
agulated blood settled in the region of the frac-
ture, upon removing which, the brain was dis
covered to have been torn, and full of holes;-
very great violence must have been done to
have produced such an effect upon the brain;
the injury to the brain caused his death.
Dr. Hoffman, sworn. Was to see Mcintosh
at the watch-house; had much difficulty in
washing the blood from his hair; found wound
upon the top of the head; it was a clear cut,
such as might have been produced by the met
a part of an espontoon; there was a slight
mark upon the side of the head; dressed his
head; and directed he should be taken home in
the morning.
Tngstrom, recalled. Mcintosh was taken
to the Hospital ON Monday, and he died on
Wednesday night, about 8 o'clock.
The State here closed, and the defence pro-
duced the following testimony:
Waterman Reynolds, sworn. Was upon
duty on the night Of the affray; saw two par
tics nfn ctrnllinnr , l;tfl, aFt, 4
o'clock, met party near the Dispensary, on
Liberty street; did not see Jones among them;
saw another party about fifteen minutes past IL
O'Clock, near Fayette and Liberty sts.; Jones
was among them; they were quite noisy; about
O'Clock, heard cry of watch; passed to
Charles street, and met man who said he had
been brck-batted; went with him; saw Jones
and Brown about ten minutes to o'clock, at
the corner of Fayctte ST, and NlcClellan's al
ley; spoke to them.
Some difficulty arose in consequence of the
States Attorney asking Reynolds, if he had
not said that he saw Jones and Brown about
twenty or thirty minutes past o'clock. DR..
Hoffman, officer Roberts, and Waterman Ting
strom, testified that he had SO stated in their
hearing. T. Yates WALSH and Ed. c. Mar
shall, Esqs., testified that Reynolds had told
them that he met them at ten minutes before
2 o'clock.
The testimony was here concluded. The
jury were addressed by George R, Richardson,
Esq, States Attorney, and Chas. H. Pitts and
T. Yates Walsh, Esqs., for the defence, in able
and eloquent arguments. The case was given
TO the jury about 9 o'clock, who, after few
moments' deberation, rendered a verdict of
"Gnilty of murder in the second degree"
Friday, .Nou. %. The case of the State vs..
VIM. freeberger, was taken up. We give in
this case only such new facts as were not
drawn out in the other, in reference to this
particular traverser.
John Hinseley, sworn. Between 10 and ls
O'Clock, on Monday morning, VIM. Freeberger,