The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-03-19
TOwSoNTOwN, March Is.

TOwsoNTowN, March Is, 1859.
CIRCUIT Court FOR BALTIMORE CoUNrY-Before
Hon. Judge Price.
Il. J. Cuttings, ESQ.,, Attorney for the State,
prosecuting, assisted by Arthur W. Machen, Esq
State as. George w. Bush, indicted for selling
spirituous liquors, in the city of Baltimore, with
out license, and contrary to the act of 1858, chap.
4l4.
The following gentlemen were sworn as iuro;s to
try the cause viz: Richard Nelson, J. Edwin Kemp,
Lysander Mccullough, jesse Upperroo, James
Bush, VIM. Caine, Mortimer S. Watkins, Benz
GorsUch, VIM. Parks, Benz A. Brainard, Emanuel
c. Wade and Wm L. Bacon.
The defence here put in the plea of not guilty,
and filed motions substantially the same as filed
yesterday, asking the Court to quash, which were
overruled.
Mr.. Preston desired that the witnesses for the
State withdraw from the Courtroom and only one
be allowed to remain in Court at one time. Mr.
Machen consented and suggested that the witnesses
Tor the defence also retire, which accordingly
DONE
Mr.. Cuttings read the Indictment and the Act of
1888, to the jury under which the party is indicted
lie said the State would be able to prove all the five
counts in the indictment against Mr. Bush viz: lst
for selling; 3D. for selling less than pint Sd and
4th, for selling without license and 5th, for selling
lager beer; and all the jury had to do was to find
whether, from the evidence the party is guilty or
not guilty.
Mr.. Preston next addressed the jury, and said the
witnesses for the State were the nformers in this
case and in of the conviction of the party they
would by law, be entitled to one-haf the fine 1t
is a mere mOney-making business with those pro-
tessonal informers. Judge Nelson, in Frederick
recently ruled that informers should not beput upon
the stand, where they have interest in the CON
viction of the party indicted.
Greenbury Phillips, swOrn.-Knows Geo. w.
Bush he keeps drinking house at Ferry Bar; in
October last witness and friend went there and
drank glass of beer, for which witness paid; sew
eral other gentlemen came in the house and called
for something to drink
70 Mr. 4 IloI
the State could not prove different offences in one
indictment; they were different and distinct trans
actions, and the party liable to be indicted for each
and every offence.
been the practice in this Court. The objection was
overruled, when the witness resumed.
The gentlemen who came in and called for liquor
drank brandy; witness drank less than pint of
beer; Mr.. Bush was behind the bar and had liquor
exposed for sale; witness visited the house when Mr.
Bush's father kept it some years ago.
By the defence.-The house stands near the
water; was there on the 18th of October, in com
pany with II. Chamberlain; went to see Winans'
steamer and then went for the beer; did not taste
the brandy called for by the stranger, but supposes
it was brandy; knows K. Chamberlans wife,
Harriet Douglas, and Mrs. Mcclure.
large number of parties in differents sections
of the city, indicted, with Mr. Phillips, Mr. and
Mrs. Chamberlain the back of the indictment as
witnesses.
Witness not on all occasions going to see the
Bushs house is built piles in the stream or not;
has been visiting the place for twenty years; Geo.
W. Bush informed witness that he had bought his
father out, and that he was the proprietor; witness
is collector, and collects bills about town; does
not collect "bis of indictments" had no object in
view when he asked Mr.. Bush who was the propri
etor of the house; does not know Lewis Hall; knows
Thomas Lofferty and Andrew Hartney; witness and
Mr.. Chamberlain were at their houses; does not
know exactly where the latter lives.
Witness n an0u m from biSr onEn NJ
which he had registered all the parties lie had in
dcted. Mr. Schey desired to see the list, but
Messrs Cuttings and Machen objected. Overruled
by the Court.
Witness knows John Carr; he lives in the west
ern part OF the city, some two three miles from
Harts; knows John Blank and Geo. A. Freberger
and Patrick Mccormick; witness and Chamberlain
went to their restaurants in company; witness and
Chamberlain are in partnership; that is to say,
when Sheriff Creamer gives Chamberlain job he
generally lets witness in it; when they went to see
Wlnans steamer, went also to Bush's, but refused
TO say whether they started out to attend to of
"those jobs" the reason witness remembers the
day he purchased the beer at Bushs was because he
expected to be witness in the case; did not make
a memorandum of the day at the time but some
time afterwards, knowing he would be compelled
to meet such men as Mr.. Preston, thought he had
better set it down piece of paper to refresh his
memory. The beer witness drank at Bush's tasted
like 'lager, although he called for 'beer" and not
"lager beer; never drank Fritzs beer, which is
that the beer he drank was 'lager;" it had dull,
fiat, or to tell the TRUTH no taste at all.
By the State.-When witness wants glass of
lager beer he merely calls for beer, leaving off the
lager; witness does not know whether he has any
interest in this suit not, but thinks Mr.. Cham
berlain has, and probably he may pay witness a
witness.
By the Defence.-Mr. Chamberlain requested
witness to 60 with him a witness; Chamberlain
was employed by the Sheriff, and if he chooses to
distribute the fines in those cases with witness of
course it will be accepted.
Deputy Sheriff Sparks, sworn.-Geo. w. Bush's
house is in the city limits it is located on the
beech at Ferry Bar, and at high tide the waterway
probably fuctuate under it; Mr.. Bush heretofore
took out license in the city.
The case was here submitted to the jury, no evil
dence for the defence being offered. The jury not
coming in after an absence of thirty minutes, were
instructed to return sealed verdict. Messrs.
Schley and Preston for the accused.
1t was officially announced that all the liquor
cases, except those in which Messrs Schley and
Preston are employed as counsel, will be called on
Tuesday next.
Shortly after Court adjourned the jury agreed on
verdict of guilty" and the Judge being sent
for, Court was re-opened and the verdict re-
corded
Court then adjourned until Tuesday morning