The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-01-07
MA TOR'S COURT

An examination in the case of Edward Miller Beal
Boston, and William McMahen, charged with shooting
Thomas Layburn took place before Mayor yesterday
morning.
Before the opening of the examination, the Mayor ac-
companed by the Deputy States Attorney, Frederick
Pinkney, Esq proceeded to Mr. Bernard Shaw's house.
No. SO North street. where Layburn lying, for the
purpose of taking his deposition He stated il
question by Mr. Pnkney that he perfectly well
of the fact that he dying He also stated that
he thought he could recognise the who shot him
Miller was here brought forward, when Layburn point
ed his finger at him and remarked that che the
who shot him. The other two prisoners also
brought before him, and he recognised them both. He
stated that Barton with Miller but McAlahen in
company with him (Layburn) Mr.. Pinkney here asked
him the question whether he had quarreed with
Miller when he stated that he had quarrelled with him.
and Barton kept Miller from shooting him Gay
street He stated that Miller followed him out of the
door of the lager beer house and after him through
the market, and shot him at the of Hien and
Forrest streets.
The Mayer and Mr.. Pinkney then adjourned to the
Marshas office, when the following evidence in the
was adduced
Capt. Mitchell, sworn.-Heard about eight O'Clock in
the evening that had been shot in Old Town heard
was Thomas Layburn after collecting several officers
proceeded to the vicinity of Hen and streets
heard he had been taken to Roberts drug store
Forrest and Brton streets proceeded to the and
found him there asked him who shot him; he answered
that Miller shot him. got the names of Barton and McMa
hen who in company with Miller and went in ch
of them after short search succeeded in arrestng the
whole three of them.
Mitchell when he arrested the parties heard Layburn tell
Captain Mitchell at Roberts drug store that Miller was
the who shot him.
Officer Redgraves, sworn-Was coming down Gay
street Forrest, about O'Clock in the evening;
stopped cigar store Forrest street Gay. to
find out the hour after entering the heard the
port of pistol did think anything it, the boys
about the neghbohood frequently shoot in their yards
officer Arnett in and after asking the time night
he remarked that it time to go to the station house
for roll CALL started in company with him and went down
Cav street. when near the corner of Chestnut heard that
shot, and had been taken to Roberts drug store
started with officer Arnett and went to the store found
Layburn there's heard who was in the crowd that shot
him and pfa1 in, tnfth
house on Chestnut street, between Douglas and Law
streets found the Others and assisted in arretng them
he answered that he would but che could clear it all
up' witness did not tell him what he arrested for;
he appeared to know all about
Captain Mitchell re called.-Found Barton at his house
on East street French did tell him for what he
was arrested; he knew all about it, he said Layburn cut
his head
John Buckley, sworn.-Resdes No. 144 Hillen street.
keeps oyster stall at the upper end of the market
the STALL heard shot fired from the opposite side
OF th market house, the report loud that witness
supposed it musket does not think pistol would
have made snch loud report; Mr. Greenbaum
the street from the opposite corner; customer
came to the stall went to serve him. saw crowd collect
ing on Streets corner; heard shot; over
and found Layburn lying on the pavement apparently
dead.
Myer Greenbaum testifed-Keeps store at the corner
of Forrest and French Streets went up to Mr. Popps la
beer house. the of Ensor and Mott streets
took glass OF lager beer Jno Keifer in and
menced reading paper; Layburn and McMahen in
shortly afterwards Layburn commenced conversng
Barton, and McMahen with Miller heard Layburn say
sIYou son of ab-h' witness then ran into the back
room thought there would be spree heard noise like
the breaking of bottles looked in the bar about
minutes afterwards, and found that they had all gone
out smeled pepper in the bar my in and
said man had been shot at the corner up the street
and went home then Roberts store and found
Layburn did not hear the report of pistol John Kefer
and several others were in the bar when the
came in; do not know who the rest of the crowd was
Layburn was talking with Barton; they all in a
bunch.
John E. Popp, sworn.-Keeps lager beer house corner
of Ensor and Mott Streets don't know anything about the
shooting two came in the bar.room and asked
oysters told them had none; directed them to Kidds
they went ont. and We're ahnnt Minutes whAn
they came back; two who in the room then
drank with them and paid for the drinks Lay
burn before; Layburn had fuss with Barton; Barton
said 'if you take that insult will shoot you Lay
burn then picked up musardbox and threw it, cutting
Bartons head he also threw pepper box at him; witness
then put Laybu out of the door, and the rest into
the back Barton out of the and said he
hurt Miller also came out afterwards, and went out
McMahen out of the back door, and jumped over the
fence in about ten minutes heard shot, Miller
and Barton left the house together McMahen went out
the back way did not hear the report of the pistol did
not any weapon; Layburn put his hand behind
him. hut don't know what it was for.
Charles Street, Was in the house Hlen
and Forrest; heard shot, out, found Layburn and
picked him up helped to carry him 10 the store of DR.
Roberts.
William McMahen, sworn.-Resides Exeter street
French; with Layb during the afternoon
driving around in buggy; went with him to the lager
beer house, and drank witness paid for it, heard
words between Barton and Layburn; heard bottle
thrown; ran into the back room; got the fence;
Miller and talked with him; did Barton; witness
very drunk don't know who drank with me; did
Barton; went home; heard Layburn shot,
him, but could not did Miller after leaving
the lager beer house.
After hearing the evidence in the case the Mayor
mted Miller and Barton to Jail for Court refusing
take security he also committed McMahen in defaul;
of 81 600 bail as witness.
POLICE INTELLIGENCE.
George Williams and Charles Bailey negroes were ar
rested by Captain Sparkn suspicion stealing
pairs of yarn stockings valued at 81 They both
committed to Jail for Court by Justice Audoun.
Officer Burkhead arrested John Williams negro the
charge of entering the house of Mary Williams Justice
Mearis committed him to Jail for Court
George Coulson yesterday arrested by officers
Wooden and Irons the charge assauting and
ing Mr. Woodward. Committed Jail for Court by Jus
tce Mearis
Officer Scherer arrested William W. Oldfeld, on tht
charge o stealing overcoat valued at SIS the property
of Luke Griffin No 10 Market Space. Justice Mearis com
mitted him to Jail for Court
| Susan Jackson was yesterday arrested tht
charge of assaulting, with intent to kill William Spear
and also with assaultng Joseph Merritt 1t appear
that Merritt and Spear entered her house. o
Eastern avenue and Eden street, about twelve O'Clock
yesterday, when alteration took place. and th
made her appearance with large, od-fashonet
sword she ordered them Of the house. upon he
refusing to comply she aimed blow at Merritt whicl
glanced off from his shoulder and struck the door, Sh
then attacked Spear and struck him violent blow OIL
the back of the head, cutting cash three nche
in length. She held to bail in the of 50 O00
the charge before Court by Justice Audoun.-
| John Black being her bondsman.
Sergeant Crouch and officers House and Thomas yes
terday arrested named Stephen Yost suspicion
of setting fire the stable of Mr. Gibson Hill street
below Sharp He committed for further hearing b.
Justice Boyd