The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-10-05
Ia W INTELLIGENCE.

Mr.. Kraft, counsel for Deford and Howard, said
that out of ten witnesses for the Defence only fy
answered, and he could not go to trial.
Mr. Cowan and Mr.. Leakin said they were read,
| to go on, there was only witness absent, an(
| they supposed he would be in during the morning
After some conversation, Mr.. Kraft addressed tht
Court and said the States officer was preparing t.
remove the cases in which he was engaged. HI
| (Kraft) would go to trial if he could get his wit
nesses into Court. 1t important that his clients
should have a particular Witness and thew viii
make affidavit that the testimony is needed to have
fair trial. If the suggestions are filed, we vii
ask the Court not to pass the order for removal.
| Court.-''Wait, and let's see what Mr.. Whitney
is going to do; something must be done with the
cases; you say you aint ready, ,and you won't gel
ready, and talk, talk, talk all day about it. whole
day was consumed yesterday in talking about
cases.
Mr.. Whitney said this was the third week in
which he had endeavored to get this trial up. He
finds to-day that counsel are ready in the cases OF
Cosgrove and Reese, but not ready in those of De-
ford and Howard. He proposed to go with the
former cases and file suggestions for the removal OF
the others to Baltimore county.
The Court.-"Well, I'll remove them
MIR. Kraft-"Then Pll try them now, although !
have not the witnesses | want. The parties want
to be tried here, and will have to submit to the
action of the Court however unjust it may be-
Court.-"Well, why didn't you say so before ?
Five minutes ago you would do nothing but talk
talk. To Mr.. Whitney:l Pll remove them if the
suggestions are filed"
Mr.. Whitney said it was not necessary to file
them now, counsel had consented to go to trial
at once.
The witnesses in the cases of Miller and Hoffman
were discharged till further notice.
Mr.. Leakin, counsel for Reese, said the parties
were to be tried for misdemeanor, and had the
right to strike four jurors from the panel. The
question arose whether each one on trial would
have the right to strike four, he thought the
was analogous to murder trial, where two are be-
ing tried, each being entitled to twenty challenges.
Mr.. Whitney said he never heard of such a prac-
tice being pursued in a case of msdemeanor.
The Court asked Mr.. Leakn if he had any au-
thority to show for such a course.
Mr.. Leakn said he had not he did not think it
necessary to produce any, as the Court had allowed
it before in Toner and ROtens cases, he thought it
might be done in this
The Court said those murder trials if coun-
sci would produce any authorities for such course
in OF this kind, the Court would decide. But
they bring no law here. Does the counsel want the
Court to adjourn and go up in the Law Library
and hunt up the law for them? (Laughter.)
The Court ordered the trial to go on.
State as. George Deford, James Cosgrove, John
Howard and William Reese, and ten others to the
jurors unknown.
The parties are indicted for roting on the 2lst OF
August last, on board the steamboat Erpress, while
on the waters of the Chesapeake Bay within the
jurisdiction of this State.
The indictment contains three counts, the two
hrst Tor rloting generally and assaulting sundrY
persons, and the third for committing an assault
uP"u negro man to the jurors unknown.
s.essrs. Cowan, Kraft and Leakin for the defence.
The jury being sworn, Mr. Whitney read the in
dictment to them and explained the law upon
which it was framed and y7hat the State expected
to prove.
Mr. Cowan made motion, that all the States
witnesses be ordered to leave the Court room ex-
cept the one giving testimony.
The Court would not pass such an order without
Mr.. Cowan could show authority for the cause asked
to be pursued.
Mr. Cowan had none to offer and did not intend
to offer any, he simply would file his motion
The State then addueed the following testimony
James +. Gardner sworn.-Resides l24 Lexington
street, was one of the party who chartered the
boat: to go to the Lloyd Spring camp-meetng; left
Baltimore at l01% o'clock, at night, on the 20th:
stopped going and returning at Cambridge there
were on board about $50 passengers; noticed a
crowd OF l5 or 20 men soon after left the wharf
whispering about, who seemed to be hard party;
several persons told me to keep my eyes upon them;
was in the captain office shorttime after leaving
when heard that Mr.. Slaughter had been robbed OF
his pocket-book.
Mr.. Leakin objected to this; he said the indict-
ment had charged the riot as taken place on the
waters of the Chesapeake, not within the iurisdc
tion OF any county, this alleged robbery took place
within Baltimore county, and irrelevant to the
issue.
The Court admitted the testimony
COntinued-Came out of Captains Office recop-
nised Cosgrove, Deford and Howard at the end of
the saloon; observed them have a man named
Slaughter, they were pushing him about and CRYING
tight; Slaughter afterwards went into the saloon
aDi said he had been robbed; saw Howard have his
arms around Slaughter; returned to the office and
shortly heard disturbances; then went into the sa.
loon; heard ladies crying, saying "Oh what will
become OF US; went into the ladies cabin, saw some
coiored women there crying murder; the cabin
door between the saloon and ladies' cabin had
then been broken open; saw Deford and COsg rove
there; witness said to them, f'What are you doing
here?' They said "Aush hush p witness then
10
party of men holding the door; went to the Can
talns Office, and after that heard another disturb
ance; came out and saw man named Skinner cut.
ting black man; saw him cut the black man two
or three times that man (Skinner) was rested
at Cambridge; when witness went towards Skinner
and asked him to desist, he asked witness if he
wanted to take it up.
The defence objected to this, because the parties
on trial were not with Skinner at the time of the
cutting.
The State wanted the evidence to show that the
riot was going all the boat, and these par.
ties were engaged in it, although not actually par
tcipating in the cutting.
The Court ruled it out
Witness continued.-Theu returned to Captains
office to sleep; could not sleep; came out and saw
some colored women who were CRYING, and said
they were getting robbed, and asked witness to &c
down and get some baskets; went down and found
Cosgrove and Deford robbing the baskets of some
confectionery; after got to Cambridge, saw Cos
grove On the forward deck quarrelng with Mr.
Sparklln; Reese came up and told Sparklin he'd
better be quiet, as they had crowd on the other
boat and would catch them at the camp ground
Sparklin POINTED out COsgrOve as one of the party
all the parties had on white handkerchiefs about
their necks; did not notice Reese; the party
to have possession of the boat all night; in the
morning the deck was full of blood; looked more
like slaughter house than anything ese the par
ties on trial were acting in concert during the riot
saw Reese throw Skinner down and beat him fol
cutting the black man, that is all that witness no
ticed Reese do.
By Mr.. Kraft.-Testifed before the Mayor, bu
did not say so much then as now, when first came
out OF Captains office a man, with revolver
| swapping it at another ones head; saw no on,
strike Slaughter; did not hear any body say "ge
out ofhere, it is place for you, you will frightel
the ladies'; did not see Deford strike any one, a
| one time Detord seemed to be trying to keep tn
| peace; saw neither Deford or Howard strike am
one; did not recognize Howard among the part,
| who were robbing the baskets; saw neither How
! ard or Deford strike any one during the Who'll
trip; at Cambridge, the Sheriff took hold of Defort
| with pistol pointing at his head, when Defort
| said he had nothing to do with the riot and h
would not be arrested, and put his hand back as
| to draw weapon.
| By Mr.. Cowan-There was bar for lager beer il
| the forward part of the boat; did not see Cosgroy
! stri ke any body; him put his hands in th
/ baskets.
! By Mr.. Leakin.-Did not see Reese with hand
kerchief on his neck; saw him throw Skinne
| down, for cutting the black man.
| Capt Culinary, swOrn.-Have been II wears
| captain of steamboats,; Captain of steamboa
Express; chartered the boat for SIPS; had only on
| gangway plank out that night; several persons 90
over the railing without having tickets; did no
know them; at the wheel-house when first hear,
! OF disturbance; was then outside of North Poi.t
the row was on the forward deck; went down an
| saw fight; saw man cutting darkey over tn
| head; there was ten or dozen of them; they ha
white handkerchiefs on their necks: the negro wa
struck over the head with chair; the man strikn,
| him and the negro both fell into the hold; saw whit
men rush on the darkies, who retreated: did no
recognize any of the prisoners; after this about al
! hour, went into after cabin, and saw four or fiy
| ransacking baskets; recognized Deford and Cos
grove there; Deord said he would keep things quiet
! the boat is l85 feet long; saw some darkies witt
| their heads cut; went down to Cambridge so tba
| the parties might be arrested in the morning.
By Mr.. Kraft.-Did not see any of the prisoner
| strike blow; saw no fighting in which these mar
| ties were engaged to recognize them.
| BY MIR. COwan.-After leaving Cambridge ther
| was no rioting; the night was little COOL did mo
| observe any handkerchiefs around apybodv's neck
until the boat got on the Chesapeake; think the,
were too light to keep off any cold; never saw la
dies wear handkerchief that way; saw these pri
soners in witness cabin; they got in without un
| locking the dOor-the window was broken; tbi
was on the return from Cambridge.
The Court.-"Did you charter the boat-ant
| what for ?"
Witness.-m chartered the boat to go to tn,
tickets.'
Court.-"Were tickets sold to white and coloret
people Unfortunately