The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-03-30

more; carried MN before Captain GOddard
searching his person found lot of tickets, bundle
OF tickets shown that is one OF the bundles; when
he was arrested he was asked if his name was Err
vim; he replied it was and said he had no more
| tickets than those which he trying to get
cashed; these tickets were in a ten dollar lottery
and amounted to about $500; (tckets shown, those
are some of the tickets.
Testimony objected to by the defence.
Court ruled it admissible.
Witness continued.-From information received,
witness understood there were spurious lottery
tickets In circulation and he went in pursuit of the
prisoner. Witness explained why he knew these
tickets were spurious, because from sheet issued
by the Managers, cauti0ning parties from receiving
certain packages of tickets, the numbers of which
had been altered Found four twenty dollar gold
pieces and two five dollar bank notes on the pris-
oner; witness then, in company with Capt. Bra
shears, brought him to Baltimore, and deliver
ed the tickets and money at the Managers office.
by MIR. Carr.-Witness would have made the ar
rest if he had not the caution the prisoner was
arrested without warrant and consented to 60 to
baltimore without requistion; witness has bought
lottery tickets, In small way, since he twelve
years old.
Recess of ten minutes.
Mr.. Boss, eontinued.-On the first examination
before Captain Goddard, the prisoner stated that
he got the tickets from New Orleans; afterwards
before the Mayor of Washington, he stated that he
was the pimp of the police of Philadelphia, and in
lofmea on parties who sold these tickets and they
seized about $4,000 worth, and they were taken to
the Mayors office, but how they were got from the
Mayors office Erwin refused to tell
BY Mr. Carr.-The prisoner sadhe had lost about
S30,00O, and wanted to be even with the venders
| and had got these tickets, and they were weeded
out, and he was going South to be square with the
| lottery men.
Mr.. Nairn, sworn.-Testfed that he is Lottery
vender No. 40 Paca street, (tickets shown cashed
those tickets on the evening fthe 1st January for
Mr. Erwin; it was between and o'clock; he pre-
sented prize tickets amounting to about $780, told
| him. could not accommodate him with the money;
ha 1a1 70 Oh
| tickets and the balance in cash.
BY Mr.. Carr.-Never heard of the numbers
reaching as high as 5000; examined the caution
| numbers mentioned therein, therefore cashed
| them.
Mr. Richards re-called.-Wtness was misled in
cashing the tickets, because the numbers of those
| packages were not on the printed caution
| A Juror.-"What was the reason of this cau-
| ton %
Witness.-"Dont know what was the reason"
Juror.-"Were they sold here?"
Mr.. w Nhitney.-'ENo, they were not"
MIR: Carr.-"Pll show how they got in Phiadel-
! phia"
Witness.-'Tt would have been optional with the
Managers to have paid the money for the tickets
| which witness cashed "
| Mr. McPhail, recalled There was money sent
back to Richards; it the same money taken
| from the prisoners witness sent it to Richards by
aoVice OF some one, who promised he would be
! made all right.
Juror.-"Did you sell those tickets in Pbiladel-
| phia ?'
Witness.-''Don't know anything about it."
Juror.-"Somebody knows whether they were
! sold or not.''
Witness.-"You may know as much about it as |
do; had nothing to do with selling tickets"
Richard France, sworn Tickets shown Those
are not genuine tickets; the number has been
| pretixed; they would not be allowed to have been
sold with those numbers of packages on them; the
number is put there to deceive the venders; when
tickets are mislaid lost soen it is usual to eau
ton the venders against cashing tickets because
they have not the opportunity to know how high
the package numbers run; if the yender would ey-
anime the caution he could detect the spurious
| ticket.
By Mr.. Carr.-All tickets sold here arc char ged
to Baltimore agents, no tickets are sold here by
the Managers to any other party but those in Balti
more; will send tickets to Philadelphia or New
York when ordered but the sale is always executed
IN IN Baltimore; know Siddons Il Bro, in Philadel-
phla; would send a million of tickets to Philadel-
| phla if ordered; anywhere else; did not send
tickets to Siddons Bro; the caution was issued
| by the Managers.
By Juror.-The object of that caution was be
cause these tickets had been stolen, and it was to
protect the yenders here in Baltimore from taking
the tickets.
Mr.. Whitney here announced that the State had
closed.
The defence then offered the following testimony.
L. l.. Schleem, sworn.-Am detective officer o
Philadelphia under the Mayor; know Erwin he re-
sides in Philadelphia, has family; recoIlect the
eel"iHS vi IL ldrge amount OF lottery tickets about
the 18th December last; witness seized them on a
warrant issued by the Mayor on information re-
celVed from Erwin; witness seized them; arrested
the party in the otice; took the party and all the
BOOKS money, NC, to the Mayors office; the tick,
cts lald about there some time and were examined
py good many people, among them Erwin; some
were taken to the District Attorneys office and
punched others were left at the Mayors office and
kept IN the Mayors fire proof sate the tickets seiZ
ed had different numbers on them but can't tel
how high or low the numbers ran; there are a mum
Der of the tickets in Philadelphia yet kept then
there on account of the case against Siddons &
Bro, who were charged with being the agents fo
the sale of the tickets; the bill against Siddons
Bro. was ignored within the past ten DAYS
by Mr.. Whitney.-The larger proportion of thu
tickets sei@ed were punched there goot
many people looking at the tickets in the Mayor
office; it was curiosity to the people generally tt
see such stuff in Philadelphia; the tickets were
first taken to the Mayors office, and laid abou
there for about two hours before they were put il
the safe; Col. Frances son, Mr.. Jeflers, and an
other officer and witness, were engaged in punch
ing the tickets; these persons said they wanted this
precaution taken to prevent the tickets going ou
| and being cashed by the lottery dealers.
After the examination of this witness the Court
adjourned until 10 o'clock this morning.
CoURT OF COMMON PLEAs.-Hon. Wm l.. Mar
shall, Judge. The following occupied the Cour
yesterday
Edward Leon Jonas NJ. Lobenstine An actor
on promissory note. Verdict for defendant
Assignments for to-day Ga to l09.
SUPERIOR CoURT.-Hon. z. Collins Lee judge
The Court was engaged in the following business
! yesterday:
Edward S. Norris Us. Ferdinand A. F. Hanel. Be
fore reported. Jury out.
Assignments for to-day 1872 to SIS.
TowsoNTowN, March 80, 1859.
CIRCUIT CoURT FOR BALTIMORE CoUNTY.-Befor
Hon. Judge Price. r. j. Cuttings, ESQ.,, At
torney for the State, prosecuting.
State u.s. Daniel Orrick Bosley, indicted together
with Charles Bosley, George Bosley, Walter Rowe
and Michael McGurlev, for rioting and forcibly en-
tering the house of Nathan Griffin and taking DOS
session of the same, alleged to have been committed
on the 18th of December, 1858, was resumed thi
morning and quite number of witnesses examined
The State proved that the accused, together will
the above parties, went to Mr.. GrifTin's hous
which BOsley had rented and Griffin about tt
vacate. Bosley asked for possession which was de
MED by Mrs. Griffin, when he proceeded to place
his furniture in the house and Mrs Griffin throw
ing 1T out the door. quarrel ensued and Bosley
and his party took possession and held it until Mr.
Griffin, who was from home, returned and compel
led the party to leave.
VIM. Bosfey, named in the Indictment Charlie
Bosley, was put upon the stand to testify for th
accused when it appeared that hewas charged will
the same offence as that of d. o. Bosey. Tht
States Attorney amended the indictment, and th
Court declared the witness incompetent when Mr.
kilbourn, counsellor for the party on trial. filed al
affidavit under the act of 1852, chap. 176, 'that tho
said amendment has disclosed facts to him. (the
party charged heretofore unknown and that thu
said amendment is to his prejudice" and asked tha
the jury be discharged and the continued
which, under the above act, was done.
VIM. Bo ley was then held in the sum of $50
or his appearance.
The removed liquor cases were next taken up.
In order that the constitutionality of the act G
1858, ch Ala shall be tested, and Unnecessary pass
ed upon by the Court of Appeals, two cases hav
been selected the of George A. Freeberge
and the case of Matthew Kellmeir, the former 70
selling spirituous liquors, and the latter for sellin
lager beer without license. In each of these case
the plea of not guilty has been filed, and
statement of facts agreed upon. In the mean
time, all the rest of the cases have been entere
Continued to await the decision in the cases sta
ted"
Mr.. Machen opened the argument, and spoke a
some length on the constitutionatv of the act
1858, under which the party is indicted. In til
course of his argument he referred to different au
thorities, and contended that the act was clearl
valid, and should be carried out as originally dc
signed by the General Assembly.
Mr.. Schley next addressed the Court on behalf G
the party accused and the facts as agreed upon b
the counsel for the State.
| Court ad ourned without concluding the case;
will be resumed tomorrow.
CoURT OF APPEALS OF MARYLAND, DEcEMBE
| TERN, lS58.-ANNAPoLIs, March 80, 1S59.-No liz
George X. Dennis and Others Us. John U. Denni:
| executors; and No. PIG. John U. Dennis execu
tors, Us. George R. Dennis and others. Cross ap
peas from the Equity side of the Circuit Court 70
Somerset county. The argument in these case
was further continued by Cristield for the CON
-, H.. r. IL I