The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-10-19
IA w INTELLIGENCE

ny SHOOJiDS uluu Will d pistol III the DaCk OF tn
head, causing a mortal wound of the length @
halt inch and of the depth of four inches, from
which wound the said 0'Sullivan Instant
died.
On the opening of the Court the examination O
witnesses for the State was continued:
Henry Mltendorf, sworn-Reside at 27 Centra
avenue; at Smith & Curlett's soap and cand,
factory on the night of the occurrence with JONI
Orem; heard a crowd coming up Holiday stree
singing: went to the ewindow and saw crowd cross
ing Holiday street, some of the crowd went over
to house No. LOG; some stopped there and some wen
on; saw two men come up and heard talking, ther
heard pistol fired
BY Juror.-Was at the third-story window
Witness continued.-Saw then man rum with
light pants on, along Holiday str ct to Pleasant
and towards North first saw the two men coming
along Holiday street, just as the crowd got to No
LOG; they were walking pretty FAST saw one o
them go on the porch OF No LOG before the shot
was fired; saw no one go ON the porch of No. l04;
did not know either Of them; did not see the other
go on the porch, he must have stopped; in two OF
three minutes heard the shot, then saw the man
with light pants run off; think there were six OF
eight in the crowd who went along Holiday street
the two men coming up Holiday street after the
crowd were together.
Cross-examined by Mr.. Waters-When witness
first saw the crowd, they were coming from Ship
ley's stables; am certain the man who ran away
with light pants on was same man witness saw
come up Holiday street; knows it only from the
fact of both having on light PANTS the flash was on
the pavement near the first porch; there was an oil
lamp burning on the pavement in front of No. 104
Dennis Sullivan, sworn.-Reside at No. lis North
street. between Bath and Pleasant, know the situa.
ton of the houses Nos. 104 and log Holiday street:
they are back of witness house, recolect the night
OF this occurrence; was at home, heard the shot;
thought there was something going on around the
corner; came out in the yard opened the gate and
Just then man passed the gate quick going towards
Bath from Pleasant street; he had on liGht pants
and light slouch hat and shoes; this was between
four and six minutes after the shot was fired, he
was taller than witness; (witness was about feet
or inches hlgh;) did not notice where he went to;
saw him till he g't to Bath street.
DR.. Morgan, sworn.-Was called to examine
OSullivan after he was shot; was called to make
examination by the cor oner's jury; there were
three or four wounds about the head; the ball en-
tered the back of the head almost at the medium
line, passed diagonay across the BRAIN and lodged
over the right eye; the ball weighed about half an
ounce; it much flattened; there was a wound
the side of the head caused by the ball breaking
the bone, and a wound caused by falling; from the
appearance and size of the wound, and size of the
ball, cannot say how far the shot was off; the ball
appeared to have its full force; the skull was bro
ken in three places have no doubt about the hs II
causing the death of 0'Sullivan.
Cross-examined by Mr.. Waters.-Have not often
examined gun-shot wounds; at short distance
discoloration from powder appears on the wound;
found no powder on O'Suivan's wounds; the
wound could not have been inflicted bv a person
standing above the person shot; thinks the weapon
when fired was on line with the head ofdeceased
By Mr.. Whtney.-The entrance and exit of the
ball were nearly on line.
John Snyder, sworn.-Met O'Sullivan corner of
Ann and Cough streets; went to Fleet street with
him; O'Suivan said he had an invitation to 90 to
party in Hillen street, some six or eight went to
house Hien street; stayed only short time
then went out; something was said about cigars,
and OSullivan said he could get cigars; we went to
house on Holiday street; O'Suivan and witness
stopped, and 0Sullivan, in a smiling manner, asked
for cigars; Miller then came up the porch;
and a young man named Scally asked him for
cigars; Miller said they didn't keep cigars there
witness then went on, and when he got about
twenty steps from the porch be heard a shot, and
a ball went through witness coat; witness
exclaimed 81 am shot," witness then heard Lyon
say OSuivan's shot; went back and found that
O'Sullivan was killed. [The witness here showed
to the jury the of the ball which struck him.
It passed through the back of the coat tail struck
2 little below the right thigh and glanced Off |
When witness went back the police officers were
witness.
Cross-examined by Mr.. Waters.-Was walking
up towards Bath street when shot; the ball struck
witness but glanced; witness don't know whether
ne was nearer to the house the curb stone at the
line.
James Scally, sworn.-Recollect the night of the
occurrence; was little head from the steps of
No. LOG; about or 10 feet heard the shot, and
was about going off when heard Lyon say O'Suli-
van shot; turned back and saw O'Sulliyan lv.
ing on the pavement; Miller came down from the
porch as if to assist there was no one behind wit
ness when the shot was fired except O'Sullivan,
Lyons and Miller; witness saw Miller going up the
porch and asked him if he kept cigars there, when
Miller said they didn't keep cigars; witness then
went on; the report came from behind when wit
ness looked behind him he did not see any one but
O'Sullivan, Lyons and Miller; Miller came down as
# to assist OSullivan, sameias witness
ffrae lnfo ,IaI Il
'f his companions previous to the shooting, same
is previous witness.
Cross examined by Mr.. Waters.-Our company
had been drinking some that night was not little
Sin for it,; am generally lively anv how
James Carroll, sworn.-Was present on the NIGHT
of the occurrence; was in house No. 104 Hoffman
vas buttoning his pants, when Capt Mitchell and
Lieut. Wright were there; they were black pants
Hoffman had been to bed; there was a pistol given
% Capt. Mitchell at house No. 1G4
George Kelly, swOrn-Was standing at the corner
If Cough and Ann streets about Q O'clock, and a
party came along on the other side of the street:
witness ana friend was then called over to them.
D'Sullivan was with them. Witness then related
about the party going to several places previous to
he shooting, and the remarks made by O'Sullvau
about the cigars
Witness continued-Went up Holiday street past
house No. LOG, OSullivan was at the porch then:
witness went on and had got as far as Bath street
bridge when the shot was fired; Snyder said he was
hot and witness laughed at him; then heard that
O'Sullivan was shot, and went back; did not see
Miller when passing the porch.
Cross-examined by Mr.. Waters-Was on Bath
street bridge when the shot was fired, about half
square off
Mr.. Whitney then remarked that the State
would rest its case here
Mr.. Waters arose and was proceeding to say that
t devolved upon the State to show a case against
The prisoner, which they had utterly failed to do
when he was interrupted by the Judge, who said
that the defence could not argue the case now, but
might make a statement of what they expected to
prove and after the evidence was in then the case
could be argued ...s.
Mr.. Waters said he was only going to explain to
the jury why he would not offer any evidence in
the case The interruption by the Court he thought
perfectly proper. He then announced that the
defence would offer no testimony.
The opening argument on the part of the State
was then made by Mr.. Rogers, who addressed the
jury at considerable length.
After the conclusion of Mr.. Rogers speech Mr.
Wills, one of the jurors, stated to the Court that he
had been taken with violent chill and felt too
unwell to sit any longer.
The Court said it would adjourn and allow the
jury to go to their quarters and come in at ten
o clock this morning, and that physician would
be allowed to assist the juror.
The Court at 2 o'clock adjourned until this morn
ing at 10 o'clock
After the examination of the witness Scallv, Mr..
W hitney stated that the Grand Jury wished his
presence, when the Court took recess for half an
hour.
On the re-assembling of the Court, Mr.. Whitney
not being present, the Judge desired bailif to
go to him and say the Court was waiting for him.
Mr.. Whitney returned about u o'clock, and
shortly afterwards the Grand Jury came into Court
After handisg their presentments to the Court.
Judge Stump said that in consequence of Mr.
Whitney being before them the business was some
what delayed He said if the Grand Jury wanted
any legal advice, they had better send for the
Deputy States Attorney Mr.. Pinkney he knew
all the Prophets and the law.
The foreman said he had not the least doubt
about that, and the jury retired
CIRCUIT COURT FOR BALTIMORE CGTY.-Hon. VIM.
George Krebs, Judge. The following occupied yes
terday:
John McKeever Us. Joseph E. McKeever ct al
Bill for distribution of the estate of John Mckee
yer, deceased. Argued upon demurrer by defen-
dants Held under curid. II. P. Scott for com.
plainant. E. Duffy for defendants.
COURT OF COMMON PLEAs.-Hon. William L. Mar
shall, Judge The following occupied Yesterday:
Jacob Bohn, j. B. Helm, George P. Thomas u.s.
Josephine E. CofIield An appeal from Justice
Myers. Judgment affirmed
Assignment for to-day, l to 20 on Trial Calen
dar.
SUPERIOR CoURT.-Hon. T. Collins Lee. JUDGE
The following occupied yesterday:
Joseph I. Turner, survivor, u.s. Edward NJ. Green
way. Sci fa. on lien Before reported. Jury
out. Walsh and Schley for plaintiff, Brown anG
Bruno for defendant.
In the late fall or early winter of lS4l, an el
derly gentleman was overthrow in a SLEIGH. ant
thrOtU o11tr r-it ILL