The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-05-25
Ia W INTELLIGENCE.


Ia W INTELLIGENCE.
CRIMINAL CoURT.-Hon. Henry Stump. Judoe
Milton Whitney, ESQ.,, States Attorney, prosecu
ting. The following occupied the Court Yesterday
,, state Us. Beale Barton and Edward Miller in
| dlcted Tor the murder of Thomas Leyburn nv
shooting him with pistol, on the 9TH of January
last. from the effects of which the said Leyburn
died on the 7th January.
l. Joseph Rogers, Esq, assistant prosecutor.
o. f. Hack and Shepherd c. Leakin. Fsos
counsel for the prisoners.
On the opening of the Court Yesterday the exam
nation of witnesses was resumed:
Frederick Pinkney, recalled by the defence
At the second examination before the Mayor, the
Mayor asked Leyburn if he saw the man who fired
the shot; Leyburn replied that he did not as he
was running at the time; this question and answer
was omitted in the statement taken down by Mr..
thompson, the Mayors secretary; witness recol-
| ects it distinctly.
Mr.. Whitney here arose and stated that on the
adjournment of the Court Monday, the State
was under the impression that additional testimony
could be procured to throw light upon this trans
action, but the State has not been able to do So
The indictment in this case was found on the Both
OF January last, and the witnesses relied on by the
state were those returned on the back of the in
dIctment by the Grand Jury These witnesses,
MT. whitney said, he had examined before the
case was set for trial, except one who was return
ed as William 5. Laughin-the proper name being
Henry Laughin-and he was then convinced in
his own mind, from this examination, that these
witnesses could not testify sufficiently about the
case TO conviction of the parties charged. After
Mr. Rogers was employed, that gentleman called
upon him and informed him that the friends of the
deceased gould procure further evidence, and he
| therefore consented to postpone, although
it was his private opinion that there was
no testimony to convict the prisoners, and
1t was not, however, his province to state this be-
fore the trial came up. Mr.. Rogers after this in.
W. wit fha fr;a of I
and procured list of witnesses the most of whom
were the same parties returned by the grand Jury
the new witnesses nevertheless were summoned
and upon examination it was found that they could
give no testimony favorable to States case There
was nothing therefore for the state to depend upOn
but the dying declarations of Leyburn and they
were very contradictory. and contradicted bv the
state own witnesses. He always felt it his duty,
sald hlr. hItney, when he thought the State had
sulcient evidence to convict, to 90 before the Jury
and ask for conviction but in this case the State
mas not such testimony, although it has been care
iul to endeavor to get it.
Mr.. Rogers remarked that he coincided in every
thing said by Mr.. Whitney. He was led to belieye
when he came into the that additional testimo-
ny could be procured, but after summoninr parties
he discovered such not to be the case He desired
to return his obligations to Mr. Whitney for the ia
vor granted him by the postponement
The Court made some remarks about the Difficult
ty OF obtaining facts in regard to transaction IF
the KIND without previous examination by coun-
they could furnish testimony and tbereby mislea
counsel, but when they came to the stand knew
| nothing.
Messrs. Hack and Leakin, the prisoners counsel,
| had nothing to saw.
At 20 minutes of IL O'Clock Mr. Whitney handed
the indictment to the jury, who without leaving
the oox, returned verdict of not guilty as to
both the prisoners.
The counsel for the defence then moved for their
discharge to which the Court assented
Barton and Miller then left the Conrt room CIR
rounded by and receiving the congratuation of
their friends.
Samuel Ely, charged with robbing the dwelling of
Capt. Geo. W. Bowers was admitted to bail, in the
sum ofS2,0OO. Mahlen S. Ely, his father, becoming
his bondsman.
Mr.. Whitney here stated to the Court that the
case OF Erasmus Levy had been fixed for trial to-
day, but out of five witnesses summoned for the
state only two answered. The States witnesses
were those who were with McAleese when he was
shot and could testify to the transaction: the
state could not go to trial without the absent wit
neSseS.
Mr.. Kraft, counsel for Levy, said the defence was
| ready and anxious to try the case. He asked the
| Court to order the trial to 90 on.
The Court said the State was not obliged to 90
to trial without its witnesses.
After some discussion the case was fixed for next
tuesday, and subpoena re-issued for Madi-
son alias Mickey Clark, the principal State wit
ness.
The case of Christiana Henke and Jacob Rand,
charged with stealing laces, silks &c, from the
store of Messrs. Hodges & Bro. was fixed for trial
on Wednesday (to-day.l
Mr. Hack, counsel for the traversers. said he
would not be able to take the up, as he would
be IN Towsontown engaged in the trial of a case
! there. He desired a postponement.
Mr. Whitney objected to putting the case off
This Court he said, better adjourn until the term
OF the Tnwsontown Court expired, if these in
terrupuons to Its business to be continually
taking place. When lawyer is wanted, he is at
lowsontown, or if not there is going in the morn.
ing; If the State summons a police officer even
he is generally returned at Towsontowu, thus law
yers and witnesses and everybody else wanted this
Court, 1t appeared, must be in TOwsontOwn
After some further discussion the case was post
poned until Tuesday next
The case of Alfred McCluskey charged with con-
spring to defraud Mrs. Brown out of sum of
money will be disposed of to-day.
Inc case OF John Robinson and Thomas Hoffman,
indicted Jointly with Lucius O'Brian (since dead
for burglary, was fixed for Thursday
The Grand Jury on Monday found bill of man.
slaughter against Thomas }. Kennard for shooting
Joseph B. Richardson, the lamplighter.
The Court adjourned until this morning at 10
o'clock.
SUPERIOR CoUnr.-Hon. Z. Collins Lee, Judge.
The following occupied the Court Yesterday:
American Colonization Society rs. Atwell & Ap-
peton. Before reported. Not concluded.
Assignment for to-day 733 to 769.
COURT OF COMMON PLEAs.-HOn. William l.. Mar
shall, Judge. The following occupied the Court
yesterday:
Meyer Seigwald u.s. William Addison. An ap
peal from Justice Boyd. Judgment reversed.
Mrs; Jones Us. Jos. G. Fenhagen. An appeal
from Justice Griffin. Judgment reversed
George Raab Us. The State of Maryland. An ap-
peal from Justice Morrison. Judgment reversed
James Andrews, Garnishee of +. Richardson u.s.
X. Lientard. An appeal from Justice Marrow
Judgment reversed
David Creamer as, James Peters An anneaI
from Justice Owings Judgment reversed.
Assignment for to-day 56 to ia on appeal docket
CIRCUIT CoURT OF BALTIMORE CGrY.-Hon VIM
George hrebs, Judge. The following occupied
the Court yesterdays
Mayor and City Council u.s. Polk & Moale Bill
Tor interpleader and injunction. Motion to dis
solve the injunction. Dulanev for complainants;
1. ;: Alexander and w. S. Waters for defendants
Elizabeth ID. Brown as. John Brown. Decree
passed dIvorcing complainant cinculo matrimonii
from defendant. r. A. McAllster for complain
ant.
CIRCUIT Court FOR BALrIMoRE CoUNrY.-Tow-
soNTowN, May "a, l859.-Before Hon. Judge Price
The Magistrates appeal docket was again re-
sumed and the following cases disposed of:
Luther SIade u.s. VIM Bean, farmer and laborer.
Suit brought to recover Sl8.43, as balance on ac-
count. Tried before the Court and Judgment re-
versed, with Sl2 in favor of plaintiff.
Creamer Us. Hart. S7l.90 claimed. Judgment
reversed.
action brought to recover $50 for damages sus-
tanned for braking hack, occupied nearly the en-
tire day. Many points Of law being introduced,
which were fully discussed before the Court bv w
&. n. Carr for appellee, and VIM. p. Preston for
appellant. Not concluded, when, at o'clock the
Court adjourned until tomorrow morning at 10
o'clock.
The same docket will be resumed.
ASSISTANT SURGEONS IN THE NAvY.-The follow
ing candidates have been recommended for admis-
sion to the position Of Assistant Surgeons in the
Navy by the Naval Medical Board of Examiners