American Republican and Baltimore daily clipper. [volume] (Baltimore, Md.) 1844-1846, 1846-10-27
Reported for the Baltimore Clipper
TRIAL FOR MURDER.

TRIAL FOR MURDER,
BALTIMORE CITY COURT.-Oct. 26th
P'esent-JudgeS Brics, .NsSbh and WorthingtOn
Charles F. Pitts, Esq, for the State; o. F.
Hack and William Alexander, Esqs, for the
defence,
State vs.. James Kelly, indicted for the murder
Of Mary E. EarIts, on the "a h of September
last. The indictment charges Kelly with hav-
ing caused the death of the girl Earles, by
kicking her with his right fool in the right
side of the belly.
The charge was read to the jury by the Clerk
of the Court, when Mr.. Pitts stated in sue
clint manner the facts which he expected to
prove, and the law and various grades of MUIR
der, applicable to tho case.
Mrs. Greenbaum, sworn. Knew Mary
Earles; she died OH last Thursday four weeks;
she was standing behind the counter in her
shop about or 9 O'Clock in the morning; the
girl came in her shop and while she was there
Kelly came in and gave her one kick, when
she fell on the floor, and Kelly ran off; no
words passed between them; she had been in
the shop about three minutes before Kelly
came in; she didn't live half hour after she
was kicked.
CIoss.exanined. The kick reached the girl;
after she was kicked she got up to 90 out, but
fell after going two or three steps; witness lives
in Saratoga near Rock street; she was engaged
with newspaper man when the girl came in
with biscuit in her hand; the boy came in
about two minutes after the girl
Mrs. Seebrooks, sworn. Went in the store
and saw the girl after she was kcked she
wished some person to take her home; she lived
about half an hour; did not see the blow.
DR.. E. J. Chaisty, sworn. Was called on by
MIR. Doug lass on the morning OF the cath ult.,
about o'clock, to 60 and see the girl Earles;
went immediateIy y, and on arriving at the house
found the girl lying on pallet, with DR.. Mo
Laughlin in atteRdance applied stimulants,
but in few moments she died. In connection
with Ds. Mclaughlin and Lawrence, he
held post mortsm examination. The Doctor
gave lengthy and lucid description of the APP
pearance OF the body internally, which was diff
fsrent in no essential particular to that given
in our paper at the time the affair occurred. -
The Doctor had no doubt but that her death
was caused by violence,
Emanuel Stocket, sworn. Arrested the
prisoner this side Of the Point of Rocks; took
him to Mr. Hands tavern, and at supper asked
him if he was not sorry he had kicked the girl;
he said he was, but that she had ID bad
tongue, and had accused him of stealing some
meat, which was not true.
DR.. Lawrence was called, and testified SINH
lar to Dr. Chalsty. He was fully of opinion
that her death was the result of external yio-
ence. He was also of opinion that slight
blow in her diseased state, would have caused
her death. (The girl was just out Of a spell of
sickness and was very emaciated and weak J
The State here closed its evidence, and the
defence declined offering testimony, when Mr.
Pitts handed the indictmentto the jury, stating
at the same time, that from the evidence the
State could not ask a verdict for more than
"manslaug hter;" that there was no evidence of
alice, and from the means used in causing
the girls death, no inference of malice could
be adduced.
The jury Immediately returned verdict OF
guilty of 'manslaughter." The punishment
is Imprisonment for not less than two nor more
than ten years.
The Court, at the request of the counsel fol
the defence, have suspended the sentence for a
few days.
Kelly is quite good looking lad, about Is
years of age, and evidenced during the trial the
greatest unconcern,
We understand that an effort will be made
/ to get his punishment committed, on condition
of his being shipped in the U, S. service.