The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-01-21
LA W INTELLIGENCE.

prosecuting.
John R. Henley, ESQ.,, counsel for Alexande
johnson, soldier in the service of the Unite,
States, made motion for writ of habeas corpu
| to bring the body of said johnson into Court ant
directed to the officers of the United States,mtar,
! rendezvous on Marsh Market Space to show caus
why he should not be discharged. The writ wa
issued, and made returnable on Saturday next
johnson is married man, and was such at th,
time OF his enlistment, and demands his discharge
! on that ground. =
In the case of the State Us. Michael Walsh
charged =, with stealing a coat the property
OF - Chesworth, Mr.. Whitney stated to the
| Court that they were British Sailors and that Her
Majesty's Consul had asked the Grand jury to de
hver them to him, as the ship, of which they were
part OF the crew, was about sailing. Walsh would
pc punished for the crime on board the vessel
Chesworth is in prison, confined as witness The
Grand Jury had recommended that they be handed
over to the British Consul, and Mr. Whitney would
like an order issued to that effect The order was
issued.
State Us. Marion Cord and Charles TAYLOR. charg.
ed with an assault with intent to kill Adolph Wertz
berger, on the night of the sth of October, by
shooting him with pistol. Hamilton and Renshaw
| for the defence.
Cord and Taylor were indicted at the last term
OF the Criminal Court, but owing to the critical
condition of Mr.. Wertzberger, at that time, the
Prosecuting Attorney had the cases continued until
fatal.
On the prisoners being placed in the box. Mr.
Hamilton informed Mr.. Whitney that Cord desired
to withdraw the plea of "not guilty." which he had
entered, and instead thereof to plead 'sguilty -
The Court being informed of the fact, the change
was ordered, and the trial of Taylor proceeded
In empannelling a jury, the defence exercised
the right of challenge, and ALL save one of the list
was exhausted before the jury was secured.
AFTER the oath was administered, Mr.. whitney
opened for the State, saying that he expected to
prove that there was no difference between Marion
Cord and Charles TAYLOR, so far as the committaI Of
which nho
cerned. The principle of law as regards compli-
city IN crime was well established, and it would be
on that ground he would claim verdict of guilty
from the jury. Concert of action was all that was
necessary to prove guilt, and the evidence in the
case would prove that such concert existed between
Cord and TAYLOR.
Samuel Wertzberger, sworn.-Witness is a
brother OF the man who was shot, resides at No. 169
FRANKLIN street; my brother lives at No los Frank
lin street; witness, on the night of the shooting
had Just returned from supper witness brother and
man named Myers came into the store; all three
were talking, when Marion Cord and Charles Tav-
lor came into the store; had been from supper
about ten mnutes they asked witness to buy a
ticket and when witness refused, saying that he
had left his money at home, Cord said, s'Do YOU
expect to keep store here without giving us money
and buying our tickets' they then asked Mr. MYERS
to purchase ticket, and he refused; Charles Tay-
lor then asked witness brother purchase ticket;
he refused saying that he had no money; Cord and
Taylor then commenced using rough language, and
you coming into here and raising a FUSS" then
Taylor said cd d-n you, what have YOU to do
with it? I'll break your head and knock out your
bralns; Taylor then struck at witness brother
who bent down to avoid the blow; Taylor struck
him second blow, which knocked him down
on his knees; Taylor then struck the third blow,
and witness brother hallooed watch; Mr.. Myers
was standing near the door, and at the
cry OF watch attempted to 60 out, when Ma
rion Cord kicked him back, and then drew the pis-
tol and fired; witness thought that the ball had
went over his brothers head; there was so much
smoke in the room that witness could not see
whether he was shot, but when witness went to his
assistance saw that the blood running from his
face; as soon as the pistol fired Cord went out
calling on Taylor to follow him; witness did not see
which way they ran after they left the store; wit
ness took his brother to DR.. Donavan's office and
after receiving medical attention, got carriage
and took him home; to his own home; the shot
took effect under the right eye; Cord and TAYLOR
came in together; both of them had tickets Cord
sad the tickets were :or the benefit of poor
woman, and Taylor said they were for a ball. it
was Taylor who cursed witness brother; Myers
was kicked before the shot was fired.
Cross examination bp Mr.. Hamilton.-Witness
knew Cord; had only known Taylor eight or ten
days; saw him going to and fro from Henry Gam
brilPs can't say they were drunk; think they were
not but can't say; they wanted to sell witness a
ticket, and when witness told them that he could
not purchase, for he had left his money at home,
Cord said, "Do you expect to keep store here and
not give us some money when we want it?"-
Charles Taylor asked witness brother to purchase
and when he refused them, Taylor made the at
tack on him; witness thinks that Taylor struck his
brother twice. and struck at him three times; only
two blows hit him; he avoided the first by bending
down; it was between six and seven O'Clock when
the affair took place; there are three gas-lights in
the room; it is good sized room; was present
when they came in; Mr. Myers did not tell them to
go out; witness did not raise his hand to strike
either of them; thinks Taylor struck witness brother
three times; when he hallooed watch Cord
fired; Taylor was standing little to the side when
the shot was fired.
Mr.. Renshaw.--Knew Taylor from the fact of
having seen him before with his arm tied up
Adoiph Wertzberger, sworn.-Lives at l69
Franklin street; on the evening witness was shot
had been to see man who cuts out work; Mr..
Myers was with Witness and on returning from the
cutters stopped in witness brothers store; Cord
and Taylor in and wanted to sell tickets they
offered them to Mr.. Myers and witness brother
and they refused to buy, saving that they had no
money; Taylor then asked witness to purchase,
and he told him he had no money, when Cord and
Taylor both commenced rough talk, and witness
said they ought not to in the store and act in
that manner, when Taylor attacked witness and
struck him twice; witness halooed watch, when
the pistol was fired, and that is all witness knows;
up to the firing OF the pistol, Charles Taylor was
the only one who had assaulted him.
Mr.. Hamton.-Witness did not tell them to 90 out:
has purchased ball tickets sometimes when he thought
the object was good one; persons have entered
witness store and placed pistol at his head and
forced him to purchase tickets; Cord and Taylor
did not threaten when thew first offered the
tickets.
Mr.. Whitney.-Wtness is very weak as yet can
not sleep atnight sometimes does sleep one hours
has only been about two or three weeks; suffers a
great deal of pain.
DR.. Vanbibber, sworn.-Was called to attend
Adoph Wertzberger on the night he was shot;
found him in DR.. Donavans office; the ball entered
below the eye and passed to the back part of the
head; probed the wound and found that the probe
-nrrldf foil aF H. Lall
ches; thought at time the ball was touched but
was mstaken it still remains in the head at the
request ofDr. Donavan witness attended the injured
man after he was taken to his home; when witness
failed to extract the ball he closed the wound and
bandaged it; blood was flowing very freely from it
and the man was very weak; consulted with Drs.
Donavan and all thought it best that no more eff
fort should be made to extract the ball; it is the
merest accident that the man recovered. the proba-
bities of his dying were greater than those of his
living; 1t is almost a miracle that he did recover
he must have suffered excruciating pain, owing to
the sensitiveness of the organs which the ball af-
fected every pulsaton of the heart would necessa-
rily give pang of sufering witness considers the
condition of Wertzberger critical yet he may die any
moment from the effects of the wound; he might
die at the witness stand; witness thinks it mpru-
dent for him to be here, and really forbid his COM
ing to Court and undergo the excitement attending
the trial.
Cross-examined by Mr.. NEUTRALITY-SUSPICIOUS.
physicians give up patients, and say they not
i've, VINO afterwards recover; 1t IS merely medl-
cal opinion which witness gives when he SAYS
Wertzberger may die at any moment from the
effects of the wound.
Lazarus Myers, sworn-The testimony of this
witness was similar to that given by the brothers
Wertzberger, Myers being the man who was in the
store at the time when Cord and Taylor entered
with the ball tickets.
Officer Kelly, sworn-Was on the corner of
Franklin and Eutaw streets when witness heard the
report of pistol; started in the direction of the
shot and a number of men running into the
public house known as Henry Gambrilps; went in
after them, but did not know who to arrest;
the party who went into Gambrills came
from the direction of Wertzberger's store;
saw Samuel Wertzberger, and he describ-
ed to witness the persons who fired; from
the description given by Samuel Wetzberger,
witness concluded that it was Cord and Taylor, be-
cause he had Taylor with his arm did up;
started in pursuit of the parties; does not know
who arrested Taylor.
- Carr, sworn-Resides on Howard street,
near Mulberry street; know Marion Cord; the
evening on which Wertzberger was'shot saw Cord
in front of my store, talking to one of the clerks;
there was another man with him who had his arm
bandaged; did not pay particular attention as to
who the stranger was; think that the prisoner at
the bar is the man; pretty certain he is the man,
spoke to Cord and told him he had better go home
and keep out of bad company; spoke to him be-
cause he was in bad condition.
Cross-examined by Mr.. Renshaw-Witness meant
by condition that he was drunk; has known Cord
for some years; can't say the man who was with
him was drunk, because witness did not pay par
ticular attention to his condition.
The defence stated that they had no evidence to
offer, but the counsel would go before the jury.
Mr.. Whitney first addressed the jury. He said
he would expect conviction on the count of as.
sault..with an attempt to kill He again stated the
law, and cited instances where parties had been
convicted of the chief crime, although il was