The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1858-03-03
Reported for the Daily Exchange. /

Reported for the Daily Exchange
TowsoNTowN, March 2, 1858.
CIRCUIr Court FOR BALTIMORE CoUNTY.-Before
Judge Price-R j. Cuttings, Esq, prosecuting for
the State. The following business occupied the at
tention of the court to-day;
State us Anthony Horne, continued to the Novem-
Der term.
Archibald MacAleese not answering forfeited his
rscognizances in five cases. Charged with assaults
with intent to kill. Also James Classy, Philip
Wiseman and John Kelly alias John Swan, not an
swering forfeited their recognizances
State Us. Abel Hall (coored) charged with the
larceny of cigars, arragned, but owing TO his
youth, being only some twelve years, was returned
oja and it is probable the WILDE entered stet
ted, and the boy bound out
George Proct not answering, forfeited his recog-
nizances.
State Us. John Murphy, jointly indicted with
Thomas Layburn for an assault with intent TO kill
police officer Robert Miller, the 9Th dav of July,
1857, and also for resisting him whilst in the dis
charge of his official duty. -Four counts
Officer Miller testified, that on the above day a
riot occurred in Potter street. and he, with other
officers, sent to make arrests When they ar
rived at the riot, witness arrested man and was
taking him down Low street, when he struck
on the back of the head with a sung-shot or billy,
aud when he looked back seen Layburn behind him
within arms reach, and was in the act of striking
him with billy; no other person near, and
Murphy was standing about thirty feet distant with
brick raised in the attitude of throwing it at wit
ness. Previous to this attack witness had man in
custody, and the prisoners took hold of him and
tempted to rescue him.
By the defence.-Wm. McMan was the person whom
the witness had in neutrality-suspicious. to his arrest
he was raising a crowd, and was ordered to 90
away; he refused and was arrested; witness struck
him IN the face while taking him to the station
house. McMan di not strike witness, but tried to
tear his coat; McMan was under the influence of
liquor and the prisoners requested witness to let
them take him home.
Captain Mitchell testified that he heard of the ri
OF IN Potter street. went there and seen McMan in
citing riot, and ordered officer Miller to take him
10 the statlonhouse; witness returned, Miller
in the station-house; his head was bleeding, and
man was dressing the wounds did not examine the
wounds but went away.
Robert NJ Boarman testified that he was on his
way to his boarding house, and Layburn strike
ohicer Miller with billy or slung shot. Did not
know Layburn at the time, but recognized him at
the Criminal Court in the city, and recognizes him
here. Does not know how he dressed, whether
in black or white. Layburn requested witness to
make the case fair for him as possible, and wit
ness did not offer to testify in his favor for $40.
Mr.. Wilcox testified that he seen Murphy throw
stone at officer Miller; it did not strike him but
struck fence and broke it. The officer had Nc
Mann In custody at the time, and taking him
to the station house; witness followed the officer to
the watch house, and he was bleeding from his
head.
VIM, McMan testified that he was the person ar
rested by officer Miller. Previous to his arrest of
hcer German pushed him from the crowd; witness
did not see his star, and asked him what right he
said he would kill him; witness replied, 'swell
you not do it III this street" and turned to 20 away
when officer Miller caught him and choked him un-
til he was unconscious took him to the station
house, and the officers there beat him and put him
in room, then took him out and beat him again. and
afterwards put him i'll cell The next morning he
was sent to jail Witness not drunk; he could
not only walk but for he to the row in Pot
ter street. Murphy followed officer Miller to the
station house, and requested Miller to witness
more humane, and he would go with him; Miller
replied. never mind Johnny Murphy, l know
you"
Thos. Barry testified to the same as that of Nc
Man, and Joseph Miller testified that Layburn could
not have struck officer Miller, unless he could have
seen him, and is certain that Layburn did not strike
him.
Here the evidence in the cause was brought to
close, and the case argued before jury, who were
instructed to return sealed verdict. Mr.. Cowen
for the defence.
VIM. II. Richardson not answering, forfeited his
recognizances.
State Fitzpatrick and Burns, fixed for trial on
Thursday, the llth. State Spandour, for Thurs
day next.
Court adjourned until ton morrow morning at 10
O'Clock