The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1858-10-04
La W NT,ELLIGENCE.

Milton Whitney, Esq, States ATTORNEY, prosecu
ting, assisted by j. ID. HambletOn, Esq. q +. Hack
w.. II. Cowan and William r. Patterson, Esqrs., fol
the defence.
! State rs. William G. Ford indicted for the mur
der of Thomas II. Burnham, by shooting him with =
pistol on the 18th of July last.
On the opening of the Court Saturday morning tn,
examination OF witnesses for the defence resumed
/ The first witness called was,
| Justice Spies who and testified-Am q
magistrate office is at 65 Sharpe street. Ford done
business my office about months: did not know him
before that personally; only slightly acquainted will
Burnham; had conversation with Burnham at one time il
was at the watch house. when he for whip
ping Mary Smith; he asked who witness left in the house
and asked why Ford not left there's saw Burnham
watching house Hill street where Ford went Ford did
live there he boarded Sharpe street. saw Burnbam
watching house about o'clock one night nv wife told
me somebody saunterng about the street, got up and
saw Burnham in the street watching the house ali that
witness ever learned about prisoners reputation toll
cradle good.
Cross examination-By Mr. Whitney.-IIaI known
Ford two three years by sight the language in the
watch house by Burnham was, who witness had left in
the house, Burnham said why did you not leave Ford
there never heard Fords reputation dscusscd heard
spoken of on the day of the election in 1856 between some
OF the parties around the poies question about his
vote being challenged; the voting was going Oh at the
time of discussions have heard his reputation discussed
at other thes; cannot state at what times; the
sion was not confined TO his character for peace quiet
The defence here proposed to bring Mrs. on the
stand again, which objected by the State on the
ground that in again going her testimony the jury
would be unable to know what influence had brought
to bear upon her since giving her evidence day be
fore. The Court sustained the objection of the State
John Kenney swOrn-Am one of the keenrrs of tbo
Southern District Watch House; think have seen tlat
pistol before 1.-THE double barrecd pistol shown witness
saw it in the cupboard behind the desk in the watch
house. it was there previous to the night of the killing:
left the station house at six o'clock that night
ham there never heard of Ford being in any difficulty
Cross eNaminaton-By Mr.. Whitney.-Always heard
Ford was quiet and peaceabe; never heard of Ford
fighting.
Captain Manly sworn-Knew Burnham; am Captain Of
Southern District police the night of the homicide
on duty; assigned place to Burnham that night he
did not go on duty he went ont and came back and said
he had something to attend to, would have to put
another man for him. always looked upon Burnham a
very quiet
Question by Mr. Cowan.-Captain Manly, did Burnham
try to shoot you
Witness-Shoot me! No, sir.
The Court-Stop; don't answer that
Mr.. Whitney.-Ile has answered it,
Mr. Cowan to witness.-That will do Captain Manly.
Witness to Mr. Cowan I'm low yoice) ).-Y must have
got on the wrong track.
Alfred c. n. Matthews sworn-Know Ford; have known
him about ten by sight about years personally
pany, the Union Fire Company
ross-examination-By Mr.. whiney.-Have received a
letter from Ford since he in JAIL received
hands oil boy 1t did not contain request that should
on his jury.
By Mr.. Hack.-Received letter. but it was of no ac-
The defence here closed the examination of witnesses
and the State commenced with rebutting testimony.
Officer Mills swom.-Am officer of Western District;
recolect the night of this occurrence house
Vine street. about the first in the house after Bishop
arrested Ford officers there them saw the body
Burnham felt it about the wrists and fire it;
billy in deceasedS pocket took it out it laying
on the floor at any time to nv knowedr re- saw Mrs Dud
ley after took the billy; kept the billy; put in my
pocket have not got the billy did discover blood
upon it, that is the billy to the best of my knowledge
(by shown witness took the billy and gave it to the
MARSHALL Burnham was dead when witness took the billy
oat of his pocket.
Cross eXamination-By Mr.. HTack-Never saw billy
wrapped with white thread before; the billy was in his
pocket had difficulty with Ford; don't know him;
started to the house from my bed in Vine street,
side ten twelve houses above the house, heard
pistol shots after witness heard the pistol shots went
the house. half dressed got to the house in about
minutes after the firing person in the house; had
been told that officer Bishop had Just left the house; be
eye first person in the house; billy was in the
pocket then if had been the floor some person must
have put 1t in the pocket was at the cOronsrs inquest
was not examined.
Captain Brown sworn-im one of the Captains of the
Western District Police; at the house Vine
that night the body; officer Mills there;
fcer Mills take the billy out Of deceaseds pocket the la
dies were in the back don't know what done
with the billy.
John Upperman sworn-was at the house on Vine
street that night between and 10 o'clock; there
when the Coroners jury was held the first time Mrs
Smith was examined portion Of the people there,
not admitted in the room; the second time Mrs. Smith
was examined witness went in the ROOM she stated that
Ford was there that afternoon at o'clock, and had
threatened to kill Burnbam nat night; she said nothing
about Burnham threatening to ill Ford don't rccollect
if anything was said about halooing.
Cross-examnation-By Mr.. Hack.-Don't remember
that Mrs. Smith stated that Ford said if Durham
menced at him he would kill him; time elapsed
fore jury together two hours the folding
closed at the first examination only few were ad-
mitted in the room in second examination others
i'm there weIe two examinations OF Mrs Smlt, after the
first examination she the back room: did not
pay particular attention to everything that said
there was very takative man at the inquest can't he
mistaken about my recollection of tie Ian used by
Mrs. Smith, which have stated she rsed. The reason
tIat recoect it is, because Mrs. Smith told me before
the examination that Ford threatened kill Burnham.
BY Mr.. Cowan.-lad not seen Mrs Smith that after
noon when got to the house the jury had been
sworn Mrs Smith was there went up the alley get in
the house; there were several persons present.
By Mr.. Whitney.-The man there very talkative was
DR. ColbOurn.
Deputy Marshal Manly sworn.-My duty calls me to
the Southern Staten every day; knew Burnham never
heard aught against his character for peace and quieneSs
knew Mrs Buruham; had conversation with her which
took place at the house on Hill street corner of Comb Al
ley talking about tie death of her huSLand she said
the why Durham went 70 TIE house Vine
was to see her sister Mary this was the night of the sec
ond day after the murder she stated to that Ford had
threatened to kill her huSband she stated it that night
Captain Woods sworn.-Am a Captain of Southern Dis
rict Police; been fo- four years; knew Burrham IL
months previous to his death; have always found Mr..
Burnham peaceful and quiet man; that was his general
reputatop Mrs. Burnham to the station house
the night of the 2Sth of June; said size wanted to
Thomas, her husband she called officer Sanks aside and
told him that Ford at her house that night and laid
two pistols the table, ard said he was going to kill
Burnham.
Cross -examination-By Mr. Hack.-Wtness resides at
the north of Lee and Charles Streets don't
know where Burnham resided reyer heard any dis
his character knew from general report he lived in
Warner street; knew few officers in the ne ghbor
hood; heard Captain and Marshal Manly speak of his
character the Marshal lived Lombard street. and the
Captain on Co'umb a street; don't know OF Burnham
having made attack upon nybody knew Ford for eight
nine years; heard speak of him different
said he quiet others to the contrary heard
Ford being in fight the steamboat wharf once, when
he officer knew Burnham to be in any diff
Guilty Captain when Burnham arrested for beat
ing Mrs. Smith.
Captain Lineweaver sworn.-Did not hear DR. Cobouns
testimony yesterday when Ford was brought in there
a little blood on his and mouth examined parcu
ary; it appeared to have been there some time it
dry; duty all night examined him three four
different times that night think DR. Cohourn was noX
Gated that night; Ford left the station house about GH
O'Clock the next morning to to the Jail it might
have been four o'clock when had last conversation with
him; can say that conyersed with him with the door
Open conversed through the aperture there was gas
light in the passage.
Officer Brooks swon.-Am an officer Of the Western
District not at the station house when Ford
brought in him afterwards; little blood his
nose; the skin was a tIa dragged; did not see any
bruises did not notice any bruises his neck did not
see his pocket handkerchief
Captain Lneweaver recaled.-Saw his pocket handker
chief it little bloody; did not chain Ford down that
night.
Henry Achenbach recaed.-Dont know any thing about
the reputation Of Mr. Burnham for peace and quiet
Officer Brooks rccalled-wtness chained Ford to the
floor by order of the Deputy Marshal that night.
The defence then called the following witnesses
Officer Shanks sworn.-Knew Burnham; his general
reputation was that of desperate heard any
thing against Ford character for peace and quetncSS.
Caroline Dudley recalled.-Saw the billy laying the
floor near Mr.. Burnham; don't know who picked it up
it a low with black whskers; that is the billy
BILLY shown did not leave the house after the billy
until taken to the police station.
BY Mr.. Whitney.-The officer came in the back door
and picked up the billy there three looking
the body don't know who they were; they not po
lice officers.
Mrs Mary Smith re-called.-Was in the house when
Burnham entered; did not see him come in positive
Burnham struck Ford; positive Burnham said "you
s-n of a b-h, I've got you nOw' went into Mrs. Ku-
gers house the second time, and remained there till
for; Mrs kuger, passed her porch; she
not in the with at least aid not know it, when
came to myself appeared as if had been asleep when
went out Mrs kugler and her two daughters the
porch, Mrs. kugler told me not to 90 out
By Mr. Whitney.-Went into Mrs. Kugler's house; did
not say that tainted and afterwards found myself in Mrs
kugler's house.
Mrs Burnham recaed-Dd not send any message to
Mrs. Smith the day of the killing; did the 9TH of
July: heard threats made by Ford except about e
pistols; told husband that Ford said he in
By Mr.. Whitney.-Mr. Webster was with him when
Ford sail this.
Mr. Bum sworn.-Knew Burnham; his character was
very good for peace and qletnes general reputation
not very good.
Coron er Greeuree sworn-One of my Jurymen acted as
clerk the nquest examined tat paper and
recoect the evidence taken down correct; don't
know who the juror was who wrote it.
Philip Snowden recalled.-Did not take minutes of the
testimony at the CorOner's inquest; my brother did.
Mr. Adams sworn-Ead acquaintance with Burn.
ham; him once; know nothing of his character u
Mr. Cowan here stated that the evidence for the defence
closed.
J. Douglas Hambleton then addressed the jury in ceal
and fo"cble manner, upon the law applicable to hC
cass and upon the evidence, showing grounds upon
which the State claimed from their hands verdict
guilty against the prisoner Mr. Hambeton recently
been admitted the bar and in this his first becr(
jury acquitted himself with great credit. After lis ad
dress, which occupied more than hour the Court ad
journed until this morning, when Mr.. Cowan will adj
dress the jury, and be followed by Messrs Whitney and
Hack
SUPERIOR CoURT.-Hon. T. Collins Lee. Judcc.-
The Court was engaged in the following business