The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-05-19

ioiu odse, oH Tue otn OF May:
In the Criminal Court of Baltimore January
Term, 1859.
State of Maryland)
William s'i G. Ford, Indictment for murder
The States Attorney suggests to the Court here,
that he believes the State cannot have fair and
impartial trial in this Court. and prays the Court
to order and direct the removal of the record OF
proceeding in this case to the Court of some ad-
joining County for trial, and he further suggests
and states that he has become convinced of such
fact and has come to such belief since the Septem-
Der Term OF this Court last, past, that being the
term at which the issue was Joined in this case
MILTON WHITNEY
States Attorney, Baltimore city.
MOTION.
~ In the Criminal Court of Baltimore, January
State of Maryland)
William G.. Ford
. Inc state, by its attorney in this case moves the
Court to pass an order ordering and directing the
record OF proceedings therein to be removed to
some adjoining county for trial. in pursuance of the
Constitution and laws of this State and suggestion
heretofore filed.
[Signedl Milton WHITNEY,
States Attorney
The Court adjourned till tomorrow morning at
10 o'clock ~
CoURT OF COMMON PLEAs.-Hon. William L. Mar
shall, Judge. The following occupied the Court
yesterday:
Elijah Mount Jacob Ruch An appeal from
justice Peters. Judgment affirmed.
Richard Mitchell Us. Walter W. Berry, An ap-
peal from Justice Mckinley. Judgment reversed
and Judgment for appellant for Sl7.50. Each par
ty to pay his own costs
John Crabb Charles Alexander An appeal
from Justice Myers. Judgment affirmed
William U. Eichelberper ps Rachel F. GiInin
use of American Homestead Association. Appeal
from Justice Mckinley. Not concluded
William Coughlan John Madden. Plaintiffs
appeal from Justice Wheat. Judgment reversed
and Judgment for appellant for S69 33 and costs
Assignment for to-day l31 to III.
SUPERIOR CoURT.-Hon. z. Collins Lee, Judge.
The following occupied the Court yesterday:
The Vestry of St Anne's Parish u.s. Collins 4 Co.
Before reported. Not concluded
Assignment for to-day 70S to 73l.
Nothing done in the other Courts to-day
CIRCUIT CoURT FOR BALTIMORE CoUNrY.-Tow-
soNTowN, May IS, lS59.-Before Hon. Judge Price
R. }: Cuttings Esq, Attorney for the State, pros
ecuting.
[sECoND DAY.
State Us. Joseph Oakes, indicted for the murder
OF VIM. Sylvester, alleged to have been committed
in the city of Baltimore on the 10th of November
1856, by shooting him in the back with pistol
ball.
The prisoner placed at the bar and Mrs.
Potts, witness for the defence not being present
her evidence as published on the former trial, was
read to the jury, which in substance was that the
deceased previous to the killing, violently beat
ing the prisoner.
Mr.. Russell a shoemaker, testified that the ac-
cused formerly worked for him and always con-
sldered him partly insane.
Mr.. Sumwalt testified that on the dav of Mayor
links election he called on the prisoner to vote for
links and showed him ticket: the prisoner re-
marked "that is the ticket for me-" and then
laughed witness out of the house; he laughed for
some hive minutes, and as witness is ''modest man
could not stand it longer and left.'
Soloman Hook, Warden of the County Jail. testi
q tn fhn caTntfyr yrTftl, ,.,Np.,z
Mrs. King, sworn.-At the time of the shooting
heard some perst cry, ''W iam is killing Josepb'
and next heard Sylvester say, 81 can whip all the
Oakeses-I will kill Joe, the s-n of b-h:" the
pistol was then fired. This witnrss also testified to
the insanity of the prisoner.
Captain James and Mr. Williams Wardens of
the City Jail, also testified to the insanity of the
prisoner.
Miss Sylvester and Mrs. Snyder, sisters of the de-
ceased testified that they and the prisoner resided
In the same house and ate at the same table for
number OF years previous to the killing and always
considered him sane; he made his own bargains,
purchased his clothing, and appeared to have as
much sense as other people. The last witness nev-
er heard anything about his being crazy until after
her brother was shot, and then his mother said
Joe was not in his right mind.
Mr.. Baily and other witnesses testified to the
sanity OF the prisoner, while Mr. Hitchcock testi-
fed to the reverse.
The case was here argued before the iurv. VIM.
IL. ID. &. Dorsey and Charles l.. Kraft, Esqrs, the
prisoners counsel, spoke for upwards of three
hours, and both made mastery effort in behalf of
the accused.
Mr.. Cuttings will close the argument on to-mor-
row, until which time the Court, at 6 O'Clock, ad-
iourned.
Albert 7. Emory, Esq, member of the Queen
Annes county bar, has removed to this place and
been admitted to practice in this Court.