The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-06-01
IA " LNTELLMENCE-

effects which n
almost Instantly died-was arraigned and PLEADED
not guilty. He said he ready for trial
Charles l.. Kraft, Esq, for the defence
The following jury were then taken from the re
guar panel, their names being called in regular
Daniel Pentz, Samuel Butler, Jacob Hindes
Jacob Meixsell. William H. EaIey, William W
Hilton John W. Glanville, Edward Moon, Joh1
Rnbinson, Robert l.. Seth, Nathan Pusey, Eliza
Ellicott.
Mr.. Whitney then opened the case and said the
indictment had been framed for manslaughter, no
murder, and explained the distinction made in the
law between manslaughter and murder That il
an indictment for manslaughter te element of NAL
ice entirely left out, and that it was not neces
sary for the State to prove any malice but afore
thought, to show the illegal killing which cnpsti
tuted mansaughter. The State would show the
killing Of McAeese by Levy, and it was incumbent
on the defence to show any extenuation of the ac
on the part of the prisoner.
Mr.. Kraft stated that the defence would show that
there were circumstances surrounding the act o
shooting which would perfectly Justify the takino
of life, that it was done in self defence within the
meaning of the law, and that the law would acouit
the prisoner OF the matter laid in the Indictment
The State then offered the following evidence:
Andrew Guse, sworn-Live in Josephine street:
knew McAleese; know Levy; recolect the morninG
OF the shooting; it was near O'Clock in the morn
ing, In the month of April; it was Easter Monday
night witness and others went to a ball at Reben
Hall on Fayette street; Michael Clarke, John Bar
witness [ q
ball; came from the ball about O'Clock; coming up
Fayette street party came to US, and said there
were persons at the station house who wanted to
see us; went there and saw John Gambrill, who
wanted Levy to 90 his ball. then started for LEWIS
house; McAleese went first to the house; witness
Clarke and Barron stopped on the corner of Fay-
cite street, McAleese kicked at LEWIS door two or
three times; witness then went down; McAleese and
Levy were talking together; McAleese wanted Levy
to go John GambrilPs security, who was in the
watch house, who said he could get others out: Nc.
Aleese and Levy were talking and Joking together
at the door, when witness went down; Levy refused
to come out, saying he would not 90 GambrilPs Sc
curity; McAleese then raised Levys window, and
witness saw Levy raise pistol and fire, and then
saw McAeese fall back; Barron was at the window
also McAleese was shot on the right side of the
head; he lived until u o'clock that day; he was
taken to the station house; Levy was in his shirt
sleeves, had his tr0wsers on it was a larpe nistol
which was fired.
Cross examined by Mr.. Kraft.-Witness knows it
was alter O'Clock when they left the ball; thew
went up far Holiday street: the marty stonned
about minute and halft to talk to a man, who
SAID there was some men at the station house who
wanted to see us; went to the station house and
stald there about3 minutes, and started for Levy's
did not stop at COstar's house when we came from
the station house; stopped at Costar's house about
II clock that night; did not hear any expressions
made use Of 'we will give Levy turn or 'sput
his light OUT" witness told the party not to 90 TO
Levy'S; McAleese said he would 90 ahead. witness
went to the window without being called; McAleese
raised the window with his hand: did not prize the
window open; when witness got to LEWIS, McAIeese
was talking through the front door: there were two
Stats broken out of the blinds at that time: could
see into the room when the sash was raised; there
was a lamp burning in the room; witness saw that
when he first got to the house; when
the window raised, Levy was standinp in front
of it; Levy said he would not come out: if Gam
brill got into spree let him get out of it: no one
said ''let's put his light out after talkinp awhile
witness said "look out as Levy had put ont the
light; witness stopped and that the light was
not put out; If be put it out he must have LIGHTED
1t very quick; no one said 'don't do it now, some
one Is lOoking;" heard all the conversation. when
witness got to the front door McAleese was kicking
al the doors witness also kicked the door; did NOT
say ''where you Ras?"; Levy answered at the
first kicking, but did not answer the second time:
there were four of us at the house then: Levy was
standing about four or five feet from the win
dow when he fired; witness described the bar
room of Levy's house;] Levy was not standing
behind the counter when he fired; witness
heard a window opened near by and saw a
head pokng out; did not hear any one say, s.not
now, some one is lOoking" did not 90 there to kill
Levy, and did not hear any expressions to that eff
ect made by any one at Costars; the party was not
trying to get n McAleese not trying to get in;
McAleese, witness and another were STOPPING down
talking to Levy when McAleese was shot: Levy did
not say, before he shot, that they "must 90 away.
as he didn't want his life taken;' if witness had
heard him say so he would have gone away because
ne was watching Levy, ana Knew what kind of a
man he was; did not say before the Coroner's iury
the light was so low he could not distinguish who
in the room.
John Barron, swOrn.-Was present on the nioht
OF the shootng- witness then corrobOrated Guise's
testimony about going to the ball and to the watch
house witness went to Levy's house and McAleese
kicked at the door two three times; McAleese
told Levy Gambrill wanted him to go his BAIL and
Levy said he would not go out if Gambrill got into
spree he must not look to him to get him out:
MCAleeSe wanted to know why they were so much
down on Gambrill; the conversation was all quiet
and polite; when the shot was fired witness was
leaning on on McAlgese's shoulder, who was stopping
down talking to Levy; witness was shot also
Cross-eXamined by Mr.. Kraft-Was at Costar's
that night; Guise, Clark, JONES' Wolfe. and Others
were there: met McAleese at the ballroom door he
was not very drunk; it was twelve o'clock: Nc
Aleese went into the music box at the ballroom
and went to sleep and slept the drunk off; when he
awoke he perfectly sober McAleese
had drank pretty freely through the night;
drank about ten or twelve times think that
the amount of his drinks; witness saw him drink
or times; did not hear Levy's name mentioned
BY any person in witness company that night; at
the watch house McAleese wanted to 90 down to
Levys alone, he said it no use for more than
one to go; witness and the others went down and
stopped at the corner of Fayette street. and Nc
Aleese went down and kicked at the door; witness
in two minutes went down to the door, heard Levy
say ''whos there ?" McAeese said 'sit's me-" Lew
said "who's me" McAleese said 'it is Arch Ras;''
Levy refused to go to the watch house; McAleese
said 'he didn't know why they were all so down on
Gambrill" they talking very friendly all
the time witness never said to police officer that
1t served McAleese right, that they had
no business to go there; witness did not
see the window.raised by any one; saw the window
after it was raised; witness was leaning on Nc
Aleeses shoulder when the shot was fred witness
shot himsefthrough the vest pocket and got two
balls in his left arm; did not any standing at
an upper window next to Levy's; heard window
shutter slam against the house caused by the wind;
cid not seeLeyy at all that night saw the reflection
OF light in the bar-room; did not see Levy inside,
but heard him talk; McA!eese had a knife that
night; witness had billy; did not see any one
break Stats out of the blind.
Officer Hewitt, sworn.-McAeese, Wolfe and
Guise came to the watch-house on the morning of
the killing and asked TO see prisoner, they then
went away after while Mickey Clark came and
said there was man shot in Holiday street; said
he did not know who it was: afterwards in going
towards Levy's, he said it was McAleese: witness
went to Levy's and saw McAleese lying on the
pavement Knocked at the door and Levy said
.'who's there;" witness made himself known, and
Levy said he would go with witness, and opened
the door after he had seen witness through the
window; Levy made no resistance; Clark said Levy
shot McAleese; witness arrested Barron and Gui Sc
that morning and took them to the station house as
witnesses before the jury.
Cross-examined by Mr.. Kraft.-After witness ar
rested Barron, he said it served McAleese right, as
Levy was under the impression that they came
there to rob him; witness examined the premises
found the window raised and piece of wood like
the part of head of -four barrel propping it up;
IL was taken from the spout on the pavement; wit
ness saw the shots through the Stats, they were
low, as II fired at person stopping.
by Mr.. Whtney.-Sergeant McComas drew wit
ness attention to the piece OF wood as taken from
the spout; this about 5 O'Clock in the morning
Mr.. Whitney here remarked that the State had
closed its case
Mr.. Kraft then opened for the defence. He said,
one point for which the prisoner asked an acquttal
was that of set-defence; that there was no proof
yet that Levy fired the shot; even if he did tn ey
would show that it was done from fear of great
bodily harm, and it therefore iustiiaDle homi-
eide. He then explained to the jury the law as re-
CARDS the taking of life under fear of bodily HARM
which is called justifabe homicide. At the time OF
the shooting, McAleese (Mr. Kraft said) was en-
gagged in feonious act breaking into the house of
the prisoner, who was justified in doing the deed;
and the law, as he would explain it to the jury,
would certainly acquit the prisoner, and the law
would be borne out by the facts as presented by
the defence.
The defence then called the following witnesses
Mrs. Wallace, sworn.-Live at No. Holiday
street, lived at No. at the time of the shooting; it
was three or four doors from LEWIS; heard great
humping and noise, if some person was trying
to break in; heard some one say, 81 will put his
d-nlight OUT" there was great noise and conru-
sion; witness mother got up and looked out; wit
ness heard much cursng and swearing in the street;
did not hear any say, 'Ras, where are YOU
standing?"
Cross-examined by Mr.. Whitney.-Heard the ex-
preston before the window was raised; witness
mother raised the window; heard one pistol fired;
could hear distinctly what was said; witness dom t
know what was meant by putting the eight out"
might have meant gas light.
Officer Hewitt, recalled by defence.-There is no
way OF getting out of the premises from the back