The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-03-23
La w INTELLIGENCE.

On the opening of the Court Yesterday morning
he examination of witnesses for the defence was re-
umed.
Mason E. McKnew was recalled by the defence
Witness came to Baltimore the 26th March, in |
he morning and went away in the evening; did not |
stop at any hotel; never ROYAL w. Church be- |
ore that day; witness don't know how long the men
we're in the Bank witness was in the Bank but a |
ew minutes when the party came in; when witness |
irst saw Church he did not see the men; the men |
came in afterwards; witness was sitting with his
face towards the Cashiers room; witness don't
know how many persons were in the Bank; there
might have been some persons around the
stove; witness came to Baltimore last Thursday on
private business; witness said that he might be
searched because he was stranger; witness don't
know how many were in the Bank at the time;
there was no person between the men and witness
when he them in the aisle; witness stops now
at 81 German street; witness lives in Vanville dis
trict, Prince Georges county nearest pos-ofice is
have not read the testimony in this case
thought it was over long ago; when he came here
last Thursday the account of the trial in the
papers; talked with friends in Prince Georges
about seeing the man in the Bank; talked with Mr..
Alfred Amack; don't remember how the man who
was with Thetford was dressed
BY Mr.. Whitney.-Am stopping at Mrs Welshs
boarding house, in German street.
By Juror.-lt was about 10 or IL o. clock, wit
ness thinks. when he in the bank.
BY Mr.. Whitney.-Can't tell positively the time;
did not stop at any hote had no means of noticing
particularly the time.
Attachments issued gainst Robert Davis
and James Haslam1
The rebutting testimony for the State was then
continued
William Reid, re-caed.-Witness stated before
that he saw four men at the time referred to by
Lutz in his testimony; witness Lutz go off with
Baker and the other man he did not know; witness
don't know where the others went to; in Dorman
Graham's office, in the afternoon, witness said to
Lutz that he would not "stal" him off that way
again; Lutz told witness that these were East
ern Shore captains.
Mr.. Preston here objected to the testimony as it
was not rebutting.
The Court ruled the examination as proper.
Witness continued.-Don't recollect if this con-
versation was on the day he saw these men or the
day after witness swears that one of the men whom
Lutz said was an Eastern Shore Captain, was Ba-
ker; witness went to the Philadelphia depot either
on the night before the night after he saw these
men.
Mr. Preston again objected to the testimony
when Mr. Whitney said he would waive any furth-
examination of the witness to save time
James llasam re-called.-Have not got that re-
ceipt for the money which witness paid his uncle
By Mr.. Preston.-Witness wrote for it last Sun
dav week.
Mr.. Soper, sworn.-Am in business in Charles
street; know Luke Leake six or eight years; don't
know his residence; frequently see him; from what
witness knows of him ne would believe him on his
oath; never heard his character for yeracity dis.
cussed.
By Mr.. PrestOn.-From what witness has heard
from the community at large, he would believe Mr..
Leake on his oath.
William Adreon, sworn.-Do business in Charles
street; known Luke Leake for ten years. see him
frequently; don't know his general reputation for
truth and veracity; witness has never heard his
reputation for truth and veracitv called in question;
Leake has had dealings with witness house, which
were fair.
Mr.. Preston objected to this mode of examina-
tion.
Court.-Have known Leake ten years; have never
heard his reputation for veracity discussed; from
what witness knows of Leake in his neiphborhood
he would believe him on his oath.
Francis Mckenley, sworn.-Have known Leake
about II years; am not acquainted with his charac-
ter for veracty; never heard it discussed, except
about the time of the liquor cases: from what wit
ness knows of Leake, he would believe him on his
OATH
BY DIR. Prcston.-Have never heard his charac-
ter for truth and veracty discussed, except at the
time of the liquor cases
Thomas German, recalled. When witness was
standing on the telegraph corner with Lutz, and
and Leake came running along, Lutz told witness
to go and stop Leake, witness said he would not;
and l4utz said he would go, and witness told Lutz
ten dollars from Baker.
estate what was done with that money, and
whether you took any means after that, to arrest
these parties?'
Mr.. Preston objected on the groupd that it was
not rebuttlng testimony; it was opening the case
anew.
The Court sustained the objection.
Mr.. Bondell was called by the defence ands worn
Am mail agent; was so from January, 1858; know
Mr.. Barr very WELL he was a route agent at that
time; Mr. Barr and witness often exchanged off, he
missed his trip often, has witness; they changed
off; Mr.. Barr's frequently run for him.
''When was he discharged?'
Mr.. Whitney-"Dont answer that: he was no
discharged; counsel has right to use the expires
sion.''
Ruled out
By Mr.. Whitnev-Can't tell if Mr.. Barr lost an,
other trip in March but one.
Testimony for the State continued
Jonathan H. Ellicott, sworn-Was formerly i,
the iron business; known VIM. p. Smith for
years; came to work for witness in 1917; never
heard his character for veracity questoned; he
good hand and correct man; of the most Telia
BILE hands; Smith a watchman for witness for
while; from what witness knows of Smith he woult
believe him on his oath.
By Mr.. Preston.-Don't know where Smith live
now; has frequently seen him at work in loundrie
since he left witness employ; Smith afterward
was on the police witness has made some enquiries
lately about Smiths character from persons Wit
know him best; and witness asked the question O
one gentleman if he thought Smith had been con
tamina.ed by his connection with the police and
this person said he did not think Smith had beer
contaminated, laughter
| Mr.. Whitney.-"Hes one of the exceptions,
suppose"
Witness continued.-With this exception witness
knows nothing about his character for the last five
years
T. J. Warrington, sworn.-Have known Smitl
about ten years; he lives the street from wit
ness: know his family; heard his characte
| for veracity brought in question; would believe
him on his oath as readily any in the com
munty.
Benjamin H. Ellicott, sworn.-Have known Smitl
| for ten or twelve years; don't know his genera
reputation never heard his reputation for trutl
and veracity questioned.
| By Mr.. Preston.-Do not know Smiths reputa
| VIM. Fl. Young, re-callcd-"Did you have an,
conversation with Davis on the boat about takin!
any tools to the Albany prison?"
| Mr.. Preston objected.
| Court ruled it out.
| Mr.. Whitney here announced that the State hac
! closed its case
| Court-"The testimony is closed on both sides?'
| Mr.. Preston-s1 havn't said so, SIR
Court-'Well the Court asks the question:
Mr. Preston said it would take some time befor
he would close, and the Court took recess for tel
minutes.
! On the re-assembling of the Court, Mr.. Whitne,
| stated that Mr.. Barr would like to explain his tes
! timony given before the Jury Yesterday, in whicl
he said he made every trip during March, excep
one, and then he produced the waybils of the Post
| office Department for every day in March, ex
| cept one properly signed
| BY Mr.. Preston-Never had my son to run fo
me during the month of March, nor six months be
| fore.
The following evidence was then adduced by tn
| defence:
| Leonard Smith, re-called-There were 500 Phila
delphia bricks taken to Pipers building on the 29t
OF March, III the forenoon for running up the piers
! there is as much difference between Philadelphia
| brick and a New York brick, as there is between
| piece of fine broadcoth and piece of felt
By Mr.. Whitney-The yard was about five block
distant from Pipcr's building; was at Piper's build
ing while it was going up, but did not deliver an,
| bricks there.
| Captain Baxter, sworn-Made measurement o
he nj tbn Far nd d,
Mr.. Preston's request.
Mr.. Whitney objected. as not rebutting
The Court ruled it admissible.
Witness contnued-The elevation of the ran
from the floor to the top is feet 25 inches; witnes
is feet ii inches high; witness could reach owe
the railing and take anything from the desk by get
ting on his tiptoes; tried it at the Bank. A pol
was then taken and feet ~ inches measured on it
it was placed against the clerks desk, and the at
| tention OF the jury called to the measurement
Witness contnued-Thetford is feet 61% inches
high; witness measured him.
BY Mr.. Whitney.-Did not measure the height
from the floor to the pigeon hole.
1t was ten minutes past one O'Clock when Mr.
Preston stated that he had closed for the defence
The Court then desired the jury to visit the Far
mers and Planters Bank and examine the railing
and premises generally, and took a recess for ff
| teen minutes.
Upon the re-assembling of the Court, all tht
evidence having been adduced, J. Douglas Handle
ton Esq, and addressed the jury on the par
| of the prosecution.
| Mr.. Hambeton's argument, which was clear and
forcibe, occupied little over one hour. He will
be followed by Mr. Preston for the defence.
The Court at quarter to three o'clock adjourned
until this morning at 10.
UNITED STATES DISTRICT CoURr.-Hon VIM. Eel
Ir1o Tha fol Il