The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-01-13
La W INTELLHENCE.


! CRIMINAL CoURr-Before Judge Stump The mornn,
spent in the consideration of the appeal docket
Grafton L. Dul9ny. Esq, representing the city.
Much difficulty is experienced in gaining the attend
ance OF witnesses and attachments have been issued for
considerable number The City Counsellor is necessar
compelled to postpone many of the causes.
The following cases were disposed of:
Smith and Seth rs The Mayor and City Council
CHARGED with violating City ordinance An appeal from
Lawder. Judgment affirmed Fine and costs S3O.47.
Same Same. Charged with violation of ordinance
Appeal from Lawder. Judgment reversed.
Liebman Sterne The Mayor and City Council
Charged with violating City ordinance An appeal from
Griffin. jury demanded.
! 1t was in evidence that Sterne had been guilty O
throwing offensive liquor in the street.
Mr. Warrington counsel for Stene contended that there
an error in the proceedings He said that the
rate Lad not issued warrant for the Sterne
and the law required in all cases of this character wr
| TO he issued
The jury rendered verdict for the appellee Judgmen
! sustained
Ruth Ann Pawley u.s. The Mayor and City Council
Webb. ''O'"''- '''' 0'O'H"n'' An"ppeai from
It was in evidence before the Judge that privy at
tached to the house in which Mrs Pawey had an interest
and the rtnt of which she collected, nuisance O.
Hack counsel for the appellant contended that the sui
had been brought under the wrong section of in
reference to nuisances and also that Mrs
abe Tor the hne from the fact that she had only the
erest of DOVER and the property belonged to the heirs
at law. Mrs Pawley's husband had been an heir ant
that the question Of the right of property in the premises
was being tested in another court that had been in
formed that any expenses she incurred in the improve
mcnt or protection of the property would at her owl
loss that she only administrative of the persona
effects of her late husband, and had not the control
the real estate.
Judge Stump said that the fact of her collecting The
rent OF the building was evidence of possession and thu
decision was therefore affirmed
DR. Augustus Huet the Mayor and City Council
CHARGED with violating city ordinance in relation t
erecting buildings. An appeal from Myers
1t was in evidence before the Judge that Huet had
erected building with frame 'front.' front consisted
the Fire Inspector had of the violation bu
he continued to erect the building he was sued for TIN
violation before Justice Myers and ued after the suit h
changed the character of the material and continued tn
erection
Judgment affirmed, and fine and costs before the Judg
anu Magistrate S3 ~ ordered to be paid by appellant
The sheriff asked for the retention Of the Doctor un
til the fine and costs paid but he allowed de
| part. Quinn for appellant
August Hook as. The Mayor and City Council; charged
with violating city ordinance in relation to the selling
oil meat a jury was demanded An appeal from Showa
William T. Hillery testified that he to the stor
OF Hook and purchased piece of the hog head when
1t home his wife discovered that it had offensive smell
1t was putrd and he compelled give it to his dog
it was early in December last when the purchase wa
made witness thought it was the first Tuesday in Decem
The defence called Mr.. Gilerman who testified to th
purchase of hogs by Hook the Sd of December II,
said that the head of the hog would smell sometimes in
half hour it owing to the fact that hogs gener
ally knocked down at killing and the blood gathered
Louis Eberhart testified the that the meat sold tc
Hllery was the same purchased the Sd of December
witne said it had been up put in brine that h
considered the meat sound that the smell of the brine
was 4. mistaken by some people for foulness.
| ing seen Mr.. llillery make the purchase
The counsel argued the before the jury and they
retired TO their room, with orders to bring in verc
this morning.
The following criminal were disposed of by con
| sent of parties
State rs. Minto Maatey, charged with assauting A
| Coyama. Fined so cts. and costs-S7.74.
State us Geo + Morine charged with assaulting ant
beating Michael Cole. Fined so cts and costs-s774.
State u.s. James Connor charged with assaulting and
beating Michael Cole Fined so cts and costs-S7.74
| The Grand Jury made fifteen indictments. Present
ments were found against Edward Miller and Beale Bar
ton for the killing of Thomas Iayburn George Potee wa
indicted for the murder of James T Armstrong NEGRO,
and the Grand Jury ordered that bail should be refused
his case Presenments found against Thos. Ioon
man, John Suter, David Houck and Richard Harris 70
the shooting Of James Pryor.
The appeal docket will be called peremptorily on Fri
day.
Samuel Chambers and Benjamin F. Diggs were sum
moned as jurors to fill vacancies.
! Court adjourned till 10 O'Clock this morning
SUPERIOR CouRT.-EIon. Z. Collins Lee, Judge. Thi
Court was engaged yesterday in the of Augustus
sewers rs. Samuel Chesney, in equity. Argued on tn
motion to enforce the injunction. Defendant decreed
give ample bond and testimony to be taken for final hear
COURT OF COMMON PLEAs-Hon. VIM. L. Marshall
Judge There was no business of public interest
acted yesterday.
UNITED STATES CIRCUIT CouRT-R Bond, administra
tor of Cozens, rs Lloyd H. Rodgers. A bill in equity
Plea overruled and the papers referred the master
| chancery.
George Goodyear ,Eohn stellman. motion for al
| goods. Granted 7 ~
Adjourned until Friday.
CIRCUIT COURT OF BALTIMORE CITY-Hon. VIM. Geo
hreDS Judge No business of public interest
! yesterday.
TowsoNTowN, Jan. 12 1859.
CIRCUIT COURT FOR BALTIMORE CoUNTY.-Hon Johr
| State. 49, "
| State James Riley charged with setting fire to
sehoo house in the county the night of the 3Is Of
aSt nder the act of 1926 jury of nqustion
in the and verdc of coGpos naentiS rendered
lie Will be taken to the Amshouse for confinement.
! a1,.tn
James Eagan with intent to kill and murder alleged
have been committed the 18th day December last
! dence elected 9
Charles Thomas, sworn-Resides near Rockland Factory
on the Falls road the above night witness was comne
home from huskng; Eagan and others in advance
OF witness when they met the prisoner Eagan said Here
is the sn of b-h now Bierbour staggering against
Eagan, when Eagan caught hold of him with both hands
and threw the prisoner the ground prisoner ther
drew knife and stabbed Eagan; Eagan jumped up ant
the prisoner also; the prisoner then stabbed Eagan
times in the breast and afterwards said he sorry ht
did not Kill him. Bierbour had warrant the arrest
Eagan, being deputised by the sheriff to arrest him
EaSan and his brother at the husking and little
tlpSy the affair occurred in front of store where tie
prisoner exhibited the warrant; at the time of tho
sabbng witness was thirty feet Off Eagan's b othe
ran in house ear by; the prisoner asked for u rope
drag Eagan to JAIL Mr.. Davis up pulled Eagar
off Of the prisoner and handed the prisoner revolver t
hold, while he handcufed Eagan Eagans friends
broke the hand cuffs from Eagans wrists bat moi
know who they were Eagans brother afterwards came
out of the house but took action in the aay; Eagar
had nothing in his hands and did strike the prisoner
! before or after the stabbing.
Columbus Mixture sworn-Was at the huskino. when
near Rockland the two Eagans the prisoner the pr
soner ran against them the party appeared to stagger
back and they all fell did not any blows struck; Ea
gan asked the prisoner what that he said about him
the other night heard reply but them fall OF
the Eagans fell on the prisoner and the other alongside
witness went in the house and saw more of it.
James Eagan, sworn.-Was coming from the husking
when Rockland met the prisoner who showed him
the knife in his hand and then the prisoner
he stabbed witness twice before he was showed down
while witness had him down he stabbed him in the higb
| n. cd illness off, Tho
he then gave witness three stab in the breast
which he confined in bed for days; the other Mr.
Eagan Is no relation to Witness when they met the pr
soner witness DID not say there the s-n of b-i
now all he said to the prisoner when he against him
was "what did you do for;n witness was pretty
| tight but knew what he was doing.
Robert Davis, sworn-Is a constable OF the 9th Dis
rict Baltimore county; was called to arrest certain
parties the prisoner and witness went in company abou
II O'Clock; when the factory heard of meI
talking the prisoner went in the direction of the crowd
saw two men coming from the crowd; when the prisone
met them; heard him call Davis; witness where the,
were the prisoner was lying the ground and the
the top of him. witness pulled one of them of ant
kicked another; then drew his pistol said they
resisted him he would shoot them; of the said h
stabbed could not walk to Towsoptown: the pris
could not have stabbed Eagan the breast after HI
got up unless cutting witness; before witness
after the aray the prisoners knife: it bowl
or derk when the pris went towards the crowd h
said lie thought the parties whom they in search
was in the crowd witness apprehended some difficulty
| and told the prisoner to be cautious.
Franklin liOuck sworn.-Was sitting in his house lock
ing out tne window; the party home tn
husklng; they met the prisoner and exclaimed 'here
that of b-h now" they then rushed on the
and downed him. Mr.. Davis ran up and separate,
them; afterwards Eagan store and heard hin
say he jumped on Bierbour but he the wrong
VIM Parks, sworn.-Knows Eagan and would not be
eve hin his oath
John Price, sworn-Knows Eagan, when he is in liquo
is bad
The was submitted to the jury without argument
who rendered verdict Of not guilty. without leavn,
the box. hessrs BOarman and Norris for the defence
Adam Link charged with larceny was held to bail il
the sum OF $500; also for receiving stolen corn in tn
| sum of $500.
VIM. Pfels and Charles Huring, charged with stealth,
an OK from Richard Choat each held 81 600 to ap
pear-not given.
Court adjourned until tomorrow morning at 10 o'clock
when the case of Peter Corre charged with mude
of police officer Rigdon, will he taken up.
After the removal of Crops yesterday evening from
the prisoners box to the lock IN the house
asked Messrs, Bedford and Mettam (who had him il
chargel if he did his conviction we'll and sal,
it was than he expected If twas not for thu
stigma on his family he would not what was don
with him, and remarked, there is my brother down
the Smedley house now-I know he is drinking and
fear some misfortune may yet happen him." When h
taken to Jail, just he entered he passed cell il
which old friend confined the charge larceny
and as he passed, said to him. well Tom. it's NJ
with me- He was then consigned to his cell h
threw himself on his bed and slept soundly the whole
night.
At an early hour this morning Sheriff Hook despatched
deputies horse back to summons the one hundred
talesmen ordered in Peter COrrie's case.
! COURT OF APPEALS OF MARYLAND-DEC. TERM, 1855
ANNAPOLIS, Jan. H. 1S59.-No 23. Christian F. Maenne
! Geo A. Schepeter rs. Wm. H. Norris, Wm. T. Murdocl
and Geo. W. DoObin, garnishees of Faconer Haskell
Appeal from the Superior Court of Baltimore Cy wa
further argued and concluded by Alexander for ap
pellants
peal from the Court of Common Pleas argued b,
ervis Spencer for the appellant submitted on writ