The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1858-04-02

many windows were broken.
BY the State-The man who came to the pump re-
sembes the prisoner at the bar.
John L. Eaton sworn, and testified that he was
present; the prisoner came to the pump; thinks he
got drink of water; some one asked him his name;
he replied Sam johnson, and returned to his house:
gun was fired and Shenke fell; witness and others
saw the fash of the gun from the prisoners gate;
they ran towards the gate; it was open but the
prisoner was gone; they searched for the gun but
could not find it. The prisoners cap fell from his
head and was picked up by the witness party and
produced in court.
By the defence Witness does not know how often
he drank; but was not intoxicated it was dark but
witness remembers the color of the prisoners CAP
(Ihe cap was placed upon the prisoners head, and
did not hit by any means, it being small boys
cap
Officer Willet sworn, and testified that he found
the musket in lot some fifteen or twenty feet from
the prisoners yard. 1t was not loaded, but from
the moisture in the barrel thinks that it had been
Tired a short time previous thinks could
have thrown the gun from witness yard to the lot
where the gun was found.
Captain Woods sworn, and testified that the gun
was brought to the station-house by officer Wet,
broken cap was on the nipple and it looked as
though it had just been fired. In February previ-
out to July, witness had the gun in his possession
for four days it having been taken from the prison
er by officer Jackson, and brought to the station
house, witness identified marks and cuts the
gun, and is certain that it is the same piece. The
gun afterwards returned to Busey. Another
gun was produced in court, much larger in the bar
rel than the one which the witness identified, and
he is positive that it is not the which left at
the statiOn-house; also identified the cap the
prisoners, having seen him wear it before the
occurrence
Officer Watkins sworn and testified that he ar
rested the prisoner in the morning; he was coming
up Light street. When arrested asked ''what for;'
the witness informed him and he replied that he
knew nothing of it, and the reason he left home
because there was and he thought he would
go away; witness said 'well, here is your cap which
we found,' and he made no reply; he was in his
shirt sleeves
Officer Taylor identified the prisoners cap, and
testified that he saw him wearing it on previous
occasions.
John W. Carroll sworn, and testified that he saw
the prisoner few weeks previous to the shooting,
and he wore cap like the one produced in Court;
would not like to swear positively to the cap, but
would as soon swear to it as to his horse.
Mrs. ROok sworr, and testified that she resides in
Light street, between Cuttings and West; the pris-
oner resides about five doors from Witness night
her dog barked, she awoke and lit CANDLE saw the
prisoner in her passage, he went out the back door
and asked witness to her; in the morning wit
ness found an old coat in her back yard but does
not know whether it belonged the prisoner or not:
witness cannot say what day month it was but it
previous to his arrest.
This testimony was objected to- and the Court deci-
ded that unless the State connect the evidence of
Mrs. Rock with other evidence BY which the time
can be designated that at which the shooting took
place, it should not 90 before the jury as evidence
Adam Rock, husband to the previous witness,
sworn, and testified that he does not remember
what day, month, year it was that the prisoner
entered his house.
George Rock, to the former witness testified
that he did not say to the States Attorney that the
prisoner in his fathers house on the night that
Shenkel was shot, but said to Mr.. Carroll that the
prisoner was in the house that night but witness
confessed telling untruth and said positively
that such was not the fact for he does not remen-
Der the exact night that the murder was COM
mitted.
John Fabier sworn, and testified that he saw the
cap found by the officers worn by the prisoner fire.
quently.
The evidence on the part of the State was here
brought to close and the additional evidence eli
cited on the part of the prisoner.
JnO. Freely sworn and testified that he and others
were sitting down a cellar-door in Light street;
one OF the party, Houseman, remarked that he was
sick, and said that he would take walk: after he
had been absent some moments, witness and one of
the party went after him; they met the prisoner; he
was in his shirt sleeves, and wore a black cap.
Heard two guns fred and man hallooed 81 am
shot; witness and prisoner ran; prisoner could not
get to his house without going towards the pump
from whence the firing came, and said he intended
to go to Mrs. Blacks.
Mrs. Henry Lentzs sworn, and testified that at the
time of the occurrence she resided Immediately OPP
posite to the prisoner; about II, o'clock heard a
noise; looked out of the window and saw party
going fishing; another party were assauting
them; the police drove them off and told the shing
party to go on they would not be disturbed Jack
kenney and Others were throwing bricks and break
ing windows woke up witness and the neighbors
three or four times during the night; endeavored to
break in witness door, fired either guns pistols
from the corner on which they stood; Shenkel was
in the crowd and when the first shot was fired
Henkel's brother hallooed, Oh! nv brother is shot
Is he dead? of their party said to the man who
fired: what did you shoot for, why did you not
hallOo time?"
Mr.. McMean sworn, and testified that on the
above night ne heard crowd at the pump hall0o-
tYpt Of IA he
doom, We have cleaned out one Dutch s-n of a
b-h tonight, and boys let's drink his whs-
key One or two shots were fired from the crowd,
and some one SAID, ''hold on you s-n of b-h, you
are shooting the wrong person.. Witness had his
head out of the window: come to the
pump and the party asked him his name: it was not
the prisoner witness knows his walk and voice; the
party took after the man and ran him, throwing
bricks and stones at him; witness let the window
down for fear of being shot, and saw no more.
Mr. Houstman sworn, and testified that the gun
which Captain Woods had at the station house in
February belonged to him, and he had loaned it to
the prisoner; this is not the gun which the officers
found in lot near the prisoners yard; the night
OF Shenkels murder he and crowd caught the
witness and beat him severely
Mr. Marshall sworn. and testified that he resides
IN Light street, near the pump; the above night
it was warm and he could not sleep; got up and
looked out the window, saw party of young men
hre pistol at another party; the party ran after
wards, about o'clock saw the former party at the
pistol; heard one of them say 'Pl be id, if he
amt dying" then heard one of them crying an
other shot came from the other side of the street,
they threatened to tear the whole row down, and
cursed and swore at shocking rate; one of them
said ''fOllow me-" others said "never mind; they
live to-day, but they shall die tomorrow"
Mr.. Riggin lives next door TO the pump, and cor
roborates with Mr.. Marshall in his evidence.
James Busey, brother to the prisoner, testified
that his brother never owned gun or pistol.
VIM. Delanty, Thomas Mortimore, John Fitz-
patrick and others testified to the good character of
TIE prisoner.
Captain Woods, officers Favier and Taylor were
recalled by the State, and testified that the prison
er does not bear good character in his neighbor-
hood.
Mr.. Carroll recalled and said that the prisoner
bore character as midnight assassin, incendiary
and a thief
VIM. Stanley and two other witnesses on the part
of the defence were put the stand by the defence
and testified that Mr.. Carroll, the former witness
remarked to them that he would like to make rope
to hang the prisoner, and intended to go to Towson
town to identify the prisoner.
The evidence was here brought to close and the
case submitted without argument The jury return
ed verdict OF 'not guilty., without leaving their
box. Messrs. j. c. NJ Gwinn and A. S. Ridgely
for the defence.
Henry Matthews and young man by the of
Barnes were sent to Jail for ten days for contempt
of Court, by shouting when the verdict of acquita
was proclaimed in the above case.
VIM. Black, found guilty of the larceny of one pair
of pantaoons of the value of S., was sentenced to
the penitentiary for two years.
James Rawlings, found guilty of the larceny of
one bank bill Of the value of S., was also SEN
fenced to the penitentiary for two years and one
month.
James Clavey, found guilty of an assault with in
tent to murder, sentenced to the penitentiary
for five years and one month.
Court adjourned until the first Monday in July,
when equity bushes alone will be heard.
We desire to return our thanks to the officers of
the Courtfor many favors granted us reporter of
the Erchdn9e.
ARMY AND NAVY.
ARMY ORDERs.-General Scott, with the approval
OF the Department, has issued army orders to pro-
tect the military communications with the Utah