The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-03-10

tced two strangers particularly; noticed the face
of one of them; one was standing at the counter
with a roll of notes in his hand, and witness, as is
the usual custom, asked him if he wanted
change the answer no; the men
soon disappeared; looked at all of
them; being strangers particularly noticed
them; observed that they We're very good looking
men; dressed very nicely: one had black hair, and
the other grey mixed hair, and moustache grey
mixed: witness described the appearance of these
men; afterwards saw that man (Thetford) in Jail;
to the best of witness recollection, he saw this man
in the Bank that day; don't recollect seeing the
other (Baker); the men in the Bank staid there
about minutes; the one who had the bank notes
in his hand had whskers; they did no business in
the Bank; witness never saw them before at the
Bank there since; saw Thetford at the Jail and
thought he was the man witness at the Bank;
(Thettord standing up witness thinks now, that is
the man.
Cross examned by Mr.. Preston.-One man stood
off from the counter; he had on a cap; think he
had on dark coat; can't say if he had whiskers;
to the best of witness recollection the man stand
ing off had on grey moustache; can't swear posi-
lively that Thettord that man; witness fixes
the date 26th of March, from the fact of having
endorsed the check of S6,OOO can't recollect the
time intervening between the day witness saw this
man in the Bank and at the jail
BY Juror.-There were no other strangers in
the Bank that day who attracted witness atten-
ton.
By Mr.. Preston.-It was between L. and l O'Clock
when witness noticed the men in the Bank
BY Mr.. Whitney.-Witness took particular no.
tice of these men; did not see them come in go
out of the Bank.
''Did you describe the man who was standing at
the counter with the roll of bank notes %
Mr.. Preston objected to the question.
The Court said it would admit it if the State
connected this man in any way with the prisoners
Mr.. Whitney said that what he intended to
do.
Witness continued.-The man who had the mon
ey, was very large man with black suit of
clothes; stout; black hair and whskers; did not
see the men go out; witness missed them from the
Bank all at the time
Mr.. Hyde, re-called.-Witness did not hand the
package to Mr.. Church; saw it handed to him and
saw it in his possession.
Joseph Tucker, Jr., sworn.-Am discount clerk
at the Farmers and Planters Bank; have been so
fourteen months; have been in the Bank for four
years; recollect the of the loss of the
money; don't know the date; witness position is at
one OF the desks along the passage way the south
OF the banking room; on that day observed stran-
gers in the Bank; witness noticed two men standing
In that passage way about 20 minutes of two clock;
never these there before, one man
was standing with his back towards me;
the other person handsome, well
dressed man, dark, mixed hair, and moustaches,
standing near witness DESK witness passed thi
man and had full view of him; witness went over
to the Jail and saw the man who arrested to
the best of witness recollection the man to the
right (Thetford) is the man he saw at the Bank;
the two men were standing about four feet off from
Mr. Cornelius desk; they were conversng and
standing about one foot apart they were not in a
part of the Bank where the usual banking business
is transacted (Theford standing up) to the best OF
witness belief that is the man he saw in the bank
that day; they transacted business there; wit
ness attention called to these men, because he
thought they wanted him to attend to some bust
ness for them.
Cross-examined by Mr.. Preston-Can't tell the
date of the occurrence, nor the day of the week
the man witness noticed had a hat and had grey
ish moustache; it was a very genteel hat don't
think the man wore glasses; don't remember that
he had on glasses, that is witness opinion; won
swear he hadn't glasses on; did not see package
at the bank endorsed $4,000 Virginia notes; wit
ness about four feet from these men; could see
the head of one of these men above the wire graf
ing; think saw the man witness has described ove
the grating; don't know the height of the grating
BY a Juror.-Witness has high stool to Sc
upon, and also foot-stool.
Witness continued.-Witness thinks thai whel
he is the stool he is elevated; witness saw thu
mans face above the wire grating; witness out
| side the railing also when the men standing
there; he had to pass them, because he went int
! the street and in coming back, went through thu
! passage; don't know if any suit has been institu
ted against the Bank for the recovery of the money
! know Mr. Church, saw him at the Bank that day
| after the money missed; witness was among
! those who hunted for the money; the money wa
! not missed when witness came back from the street
| it was missed some fifteen minutes after; witnes
! mentioned to one or two persons that day abou
! the man with the grey moustache, and gave a de
| scription of him.
By Mr.. Wnitney.-Witness almost brushe,
against these men, as he passed them in the pas
sage.
By juror.-Witness does not stand on his foot
stool when writing.
Thomas b. Rutter, sworn.-Am Cashier of tn
Farmers and Planters Bank; on the day of tn
occurrence witness was in the Bank and MI
| Church with bundle and bank book in the &C
| of putting them through the opening upon tn
desk; did not see the package lying on the desk
Itart bn was A,,ifDn into
bank and search was made for it.
Cross-examined by Mr.. Preston.-There is
railing around thedesk, and wire screen; the oper
| ing in the screen has been so much altered, that
man cannot put his arm through it now, and tn
! screen has been altered so that tall man could NJ
put his arm over and take anything from the desl
the screen has been made no higher; witness did M
hear Mr.. Church say, that a package of M
ney; witness merely noticed Mr.. Church in the az
of putting the package aud book through the gr
ting.
After the examination of this witness, the Coul
adjourned until this morning at 10 o'clock.
CRCUIr Court OF BALTIMORE CrTY-IIon Wn
George Krebs, Judge, The following business OF
cupied the Court Yesterday:
VIM. W0odvie ct a., us. Seth Reed ct al.
the matter ofthe petition of the compliments an
the order of court thereon, suspending a sale
property advertised by the trustees under a deer,
passed upon a bill filed by Price ct al, Us. Reed
a., opinion of court filed, continuing the ord(
suspending the sale. Wallis and Thomas for con
plalnant: scott Tor defendants.
Court OF COMMON PLEAs.-ITon. William L. MAJ
shall, Judge. The following occupied the cou
yesterday:
Lewis Boyer Us. Emily Fisher and Anton Fishe
An action to recover for a machine built for dete
dant. The defence was that the machine d
not come up to representa- made by the plai
tiff. Jury out.
Frederick Gerwig rs. f. II. Weyman and d. v
Evans. An action to recover damages for the takir
of plaintiffs goods under an execution against Il
| other Verdict for
e Assignment for to-day 242 to 27l.
SUPERIOR COURT.-Hon. u. Collins Lee, ,Judg
The court was engaged in the following busne
t yesterday:
Sanderson rs Stockdale An action on a pro1
issory note. Before reported. Not concluded.
Assignment for to-day 70S to 943.
} UNITED STATES DISTRICT CoURT-HOn. Villa
Fell Giles Judge. The following business occupit
e the Court yesterday:
The United States as. John Wertz indicted Fl
passing counterfeit coin. District Attorney Add
son made the concluding argument for the prose-
ton, when the given to the jury, who +
= turned verdict of not guilty.
The United States u.s. Hugh Sherlock indicted f
: inticting cruel and unusual punishment upon Jol
Newport, George Thompson and John Boyd seam
on board the ship Mackinaw. The case was co
cluded and given to the jury, who were out at Il
time of the adjournment of the court.
TowsoYrowX, March 9th, 1859.
CIRCUIT CoURT FOR BALTIMORE COUNTY-Befo
Hon. Judge Price. r. j. Cuttings, Esq, Attornt
for the State, prosecuting.
! The removed case of Frank Jones' commenc
! yesterday, for assauting Richard HoOt with inte
to kill, was concluded this morning. Verdict
equity of common assault" Messrs. Villa
II. p. Norris and William 5. Keech for the trave
. ser.
State Us. Augustine H. Pennington, indicted t
gether with A. n. Penning ton and Alexander NJ
Cam, for assaulting and violently beating GeOr
Curry, in the city on the Goth of October last. We
dict-"not guilty"
State Us. A. N. Pennington, indicted for the sar
offence-'not guilty" M-ssrs. W. C. N. and S.
, Carr for the defence in both cases.
State Us. Thomas alias William Moore, indict
for larceny. Jury out with instructions to retu
, sealed verdict. John T. Ensor for the defence.
Judge Price will give his decision on the writ
filed in the of Peter Corrie to-morrC
morning.
Court adjourned until tomorrow at the usr
hour.
The case of John Hughes, indicted for larcer
Stetted the prosecuting witness not being ava
Il able.
: CoURT OF APPEALs OF MARYLAND, Dec. TER
= INSTANTANEOUS, March 3, lS59.-No. sc. 10
Gregg and others. stockholders in the Batimo
e and Ohio Railroad Company, rs. The Mayor a
It City Council of Baltimore, and The Baltimore a
:. Ohio Railroad Company. Appeal from the Circl
Court for Baltimore City. The argument in Il
e cause was further continued by Meredith for
e appellees.
No..l5. G. s. Griffith, ct. al rs. John Buck
Re Appeal from the Circuit Court for Baltimore Gil
vt Justice Ecceston delivered the opinion of
Re Court. Decree reversed in part and a final deer
d passed.
& No. "a. The Baltimore Cemetery Company
e The First Independent Church of Baltimore.
t. Appea from the Court of Common Pleas of Bal
k more City. Justice Ecceston delivered the OPP