The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-03-17
La " LNTELLIGENCE.

Milton Whitney ESQ.,, States Attorney, prosecu-
ting. assisted by j. douglas Hambleton, Esq.
State Us. William Thetford alias Hoppie and Will
liam Baker, indicted for stealing $500 from the
Farmers and Planters Bank. William P. Preston
ESQ.,, for the defence.
On the opening of the Court Yesterday morning
Mr.: Preston arose and remarked to the Court, that
at this stage of the case, he willing to submit
it to the jury without any argument, and without
further proof being adduced The defence had
number OF witnesses yet to examine, which would
necessarily consume great deal more time He
submitted this to the consideration of the learned
States Attorney. Or he would propose that the
States officer argue upon the case for one hour,
and the defence follow for the same length of time
upon the evidence already before the jury.
Mr.. Whitney said he was as anxious to oet
through with this trial as any person interested in
1T, both on account of his personal feelings and
from the circumstances surrounding the communi-
ty at the present time. He did not feel disposed
however, from tAe important nature of the case to
submit it without argument; there had been evi-
dence produced here by the defence. and he did
not design that he should be cut off with his re-
butting testimony. There many facts to be
adduced yet and he would prefer that the case be
gone regularly through with.
Mr.. Preston said he wished the State to under
stand that considerable portion of the testimony
for the defence, yet to be offered, was cumulative
evidence.
A Juror.-"Your Honor, number of jurors de-
sire to know if the Court will sit until O'Clock;
they are desirous to get through the case'
Court.-'No; the Court will not do that; the jury
must understand that they have only one case to
sit on, whereas the Court has to hear them all:
the Court cannot undertake to sit until o'clock:
the Court would be unable to do it; the Court feels
unwel this morning. will adjourn over until
Monday II the case is not concluded to-day; to-
morrow is ST. Patrick's day, and on last week the
Court did not hear any of the Saturday cases on ac
count of this case being trial. there are a num-
Der in iail--the Court don't know how many-whose
cases were postponed on that accout and whom the
Court will try on Saturday"
Mr.. Rogers. Zone of the Jurors. )-s'We have
been here seven days now already; and if the coun-
sci IN the case could not arrange and produce their
testimony before the jury in that time they can
hardly do it in fourteen days. | think the case
might as well be submitted now to the jury
Another Juror.-'I don't want the case submit
TED as 1t is now; there has been evidence brought
out by the defence, and | would like to hear the
rebutting testimony for the State. | am not pre-
pared to take the case as it is now, without hearing
more evidence, and listening to the argument
Another Juror.-''I have made sacrifices this
week, by being kept here from my business, and
certainly wish that the may be concluded this
week. am going to Virginia next week, and
| have made preparations to do so; nv house and
furniture are to be sold, and if | am kept here |
Will be thrown on the street and will have place
to go to-"
Mr.. Whtney.-''If the Court will sit tomorrow
and on Saturday, have no doubt we will be able
to finish the case; if we get through the evidence at
that time, then | am willing to sreak ony for one
hour before the jury and the counsel on the other
side can do the same
Mr.. Prest0n.-''I don't agree to that proposition
| wish the Court to understand''
Court.-"lf the Court sits on Saturday and the
case is given to the jury that night then they will
be confined all day on Sunday"
Several Jur0rs.-''We don't care about that 50
we amt kept here next week"
til Monday"
Mr.. Whtney.-"Then if it's the last case that
shall ever try; I'll try it through even if it takes
me to the end of my term of office"
Court.-"Yes, and I'll adjourn; if the case is not
finished to-day, you can begin it again on Monday
and keep at it a month"
Mr. Preston then desired the Clerk TO call the re-
naming witnesses for defence
Court,-'liow many are there, Mr.. Preston"
Mr.. PreSton-"About thirty, SIR
Court.-"lt will take a month to examine all of
| them"
After short consultation between Mr. Whitney
and Mr.. Preston. the latter remarked to the Court
that all the facts in the case having been disclosed
the restriction about the witnesses being kept from
the court room, had, by consent of counsel on both
sides. been removed, and they would therefore be
! admitted during the further continuance of the
trial.
| This fact was announced by the crier
John Wesley Watkins, swern-Know man by
the name of Luke Leake; if it is the same man who
testified on some liquor cases know him; his gen
| era reputation for truth and veractv is such that
! witness thinks he would not believe him on his
! OATH
| Cross-examined by Mr.. Whitney-Lcake was a
|
! the jury; don't know him as being connected with
detective office; have not heard his character dis
! cussed for some time past.
"WouId you undertake to say that you would
not believe him il he was testifying before a Jury
! and not seeing him and the manner in which he
testified and taking into consideration the sur
rounding circumstances of the case?'
Mr.. Preston objected to the question.
| Mr. Whitney argued before the Court in support
! of the question admissible, and was followed by
| Mr.. Preston against it.
The Court ruled that the questions must be con-
hned to the general reputation OF the witness in the
! community at the time the testimony was giyen:
| the circumstances surrounding under which the
! evidence was brought out, was matter for argu-
ment before the jury.
WitnesS.-From what witness has heard he
| thinks be would not believe Leake on his oath
Recess for fifteen minutes
! Allen Elder, sworn.-Was formerly Justice of
| the Peace under Governor Pratt; know Luke Leake;
his general reputation then for truth and veracitv
! was not such that witness would believe him on
! his oath without corroboraton; from his general
! reputation don't think would believe him now un-
corroborated; witness states this from his reputa-
ton wears ago, when the Liquor law first came into
| operation.
BY Mr. Whitney.-Would not believe him years
| ago.
Court-''He may have reformed"
reformation.
By, Juror.-Would not believe him at this time;
say TINS from circumstances which occurred wears
ago. which witness is not allowed to tell
William ID. Ball, sworn.-Was formerly Sheriff
OF Baltimore city; know Luke Leake don't know
his general reputation for truth and veractv.
Mr.. Preston.-''Did you ever hear it discussed"
Mr. Whitney.-"No no; that's enough; he don't
know anything about it,
Court.-''lle says he don't know anything about
his reputation now; step down"
George w. Davis sworn.-Know Luke Ieake;
| his reputation at this time, witness don't know:
for the past two years witness has had nothing to
| do with him; before that it was verv bad.
prpstOn-FEHavn la5n Of
| reformation ?'
Mr. Whitney.-''Don't' answer that | object.
your Honor; he says he don't know anything about
| his reputation now
Mr.. Preston contended that the question was
| proper.
Mr. Whitney replied that the only proposition
before the Court was, what's the mans reputation
now, not what it was before. If the witness don't
know his reputation now, he can't say whether he
| would believe him now or not
The Court decided that the question must be con-
fined to the knowledge of the witness at the pres
| ent time, not what the reputation of Lpake was
years ago; he might have reformed during that
time and be entitled to credit.
The Court then asked the witness if he knew
the reputation of Leake for truth and veracity at
| the present time.
Witness.-"Have not heard it discussed for the
| last two years"
Daniel E. Myers, sworn.-Know Mr. Leake; from
witness knowledge his general reputation for truth
and veracitv is bad
Court.-''Do you know what his general reputa.
ton is for veracity-would you believe him on
oath ?"
Witness.-"That would depend upon circumstan-
ces.''
Court-''W ouId you believe him without looking
| to circumstances"
Witness.-''lis reputation is not good for veraci-
ty; could not believe him if he was any way inter-
| ested."
Court-"From your knowledge of his reputation
| for veracity could you believe him on his oath?'
Juror to the witness.-"'If Leake came here to
! testify before the jury would you believe him?'
| Wtness.-"That would depend upon his manner
in giving his testimony; he might tell the truth in
| some cases."
By Mr. Whitney.-Have heard Leakes character
| spoken OF for the last ten years. not more than
! month has elapsed at any time but that witness
! has heard his character spoken OF.
Richard Nally, sworn.-Have known Leake for
! about Is or 20 years; as far witness knows his
reputation for truth and vcracty is said be bad;
| he has heard a good deal said about him. witness
would believe him on his oath.
| Dennis Lynch, sworn.-Known Luke Leake for a
couple of Years; his general reputation for truth
! and veracity is not known to witness except what
| has taken place between him and witness; from
what witness has heard he would not believe him
| on his oath; had conversation with Leake.
Estate what that conversation was"
| Mr.. Whitney.-''No, don't state it,
Mr.. Preston.-''Leake said on the stand that he
! had no conversation with Lynch about money. the
! jury heard the evidence, want to show that he
| had such conversation
| Witness contnued-Asked Leake for money
which he had collected for witness some months