The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-02-08
La w INTELLIGENCE.

CRIMINAL CoURT.-Hon Henry Stump, judge
Milton Whitney, ESQ.,, States A ttorney. prose
cutting.
State u.s. John Lemon, indicted Jointly with
Henry Duvall and John Siglefous, for the murder
of Christian Fischer, the night of the 18th of
September last, by shooting him with pistol,
causing a wound on the left side of the breast of
said Fischer of the width of half inch and of the
depth of three inches, of which wound he instantly
died
c. F. Pitts and j. Douglas Hambleton, Esqs, ap-
pear for the defence.
After the opening of the Court Yesterday, Mr.
Pitts arose and stated to the Court that, as the
counsel for Henry Duvall had filed motion for
new trial and in arrest of judgment in his case, and
as the questions to be argued in their motions
would be involved in the trial of Lemon, he there
fore would respectfully ask the Court to postpone
the Lemon case until that of Duvalls is disposed
of.
The Court thought that as the cases had been
separated by request of counsel, questions arising
in one case should have bearing upon the other,
and would not consent for these reasons to post
pone it.
Mr.. Pitts then desired the witnesses for the de-
fence to be called.
Mr.. Whitney said that he would be ready to ar
que the motions in Duvall's any time this
week, after he was furnished with copies of the
motions and atfidavits
Mr. Pltts.-"There are some ten or twelve wit
nesses for the defence summoned and only two or
three answer to their names; now ask that attach
ments be issued against them"
nesses.
Mr.. Whitney then asked the Court what disposi-
ton it would make of the case.
The Court said that as the States witnesses were
present, MIR. w Whltney might 60 part of the way
with the
Mr.. Pitts.-m can't consent to commence the
case without my witnesses present"
After some conversation with Captain Woods,
Mr. Pitts stated to the Court that he had just been
informed that named White, most impor-
tant witness for the defence, had gone to Norfolk,
and would not return for two three days, he
therefore would ask the Court to postpone the
until Friday.
=, The Court consented to postpone the case until
Monday morning next to enable the defence to
procure the attendance of this witness.
The witnesses were then discharged until next
week.
Thomas Watkins, (negro,) indicted for the lar
ceny, on the 9th January, 1885, of one silver watch
valued at 5000, the property of George Hall, was
arragned and pleaded ''not guilty" He said law
yer Phelps was his counsel. Mr. Phelps being abb
sent, the Court appointed o. F. Hack, Esq, to de-
fend him.
State Us. James Reed, indicted for stealing brass
oil cup, valued at ST. the property of the Baltimore
and Ohio Railroad Company. Verdict Of "guilty"
with recommendation to mercy. Sentenced to be
confined in the pententary for the term of eighteen
months. r. Barry for defence.
State o. Rachael Fisher, (negress indicted for
the larceny, on the 26th January, 1859, of gold
watch, valued at Sl0O, the property of Anna T.
Tyson. Ra ;hael was arragned and pleaded f'not
guilty" VIM. H. Cowan, ESQ.,, was appointed to
defend her.
Mary Harris, (negress,) one of the State wit
nesses, testified that she Mary found the watch in
the gutter and took it to Mr.. Tysons to get the
ward of $40 which had been Offered for 1t; and also
that she never saw Rachel Fisher until she saw her
in Jail. Verdict of "not guilty..
Mary Harris, the States witness just mentioned,
was then put upon her trial, charged with having
received the gold watch knowing it to have been
stolen.
MIR. Tyson testified that the prisoner, in company
with negro man, came to his house the day upon
which the advertisement appeared in the paper
with the watch and claimed the reward, and that
she then stated that she had found it in the gutter
but afterwards gave in and said that Rachel Fisher
gave it to her.
The jury returned a verdict Of "guilty," recon-
mending her to the lenency of the Court believ-
ing that she was the dupe of another party.
The Court deferred sentence until it had examined
the acts of Assembly relating to case of this
kind-at present the Court had not the act prov-
ding the punishment.
Mr.. Magruder, counsel for the prisoner, gave no.
tice that he would move for new trial.
State us. William alias Piggy Graham, indicted
for stealing seven yards of black cashmere, the
property of Francis Burkman. The prisoner with
drew the plea of "not guilty." which he entered at
the time of his arraignment and pleaded "guilty,'
throwing himself upon the mercy of the Court
After hearing the evidence the Court sentenced
Piggy to be confined in the penitentiary for three
years and six months.
State Us. Rebecca Dorsey, (negress,) indicted for
the larceny of one pair of gold earrings, valued at
| $500, the property of Mary Robinson. The ear
rings were missed, and officer Petticord called at
the house to make the arrest; he testified that he
went in and questioned Rebecca who at first said
she did not take the articles; after threatening to
take her to the watch-house, she said she knew
where they were, and pulled up the carpet in one
corner of the room under which the earrings were
| discovered Verdict of ''guilty." Sentenced to
be sold into slavery, within the State for the term
of three years and six months. J. Douglas Ham,
bleton, ESQ.,, for the defence.
| HOratio Sanks charged with the larceny of one
gold watch gold cham and breast-pin, the proper
ty OF Henry , smith, was arraigned and pleaded de
mot guilty" He was ready for trial and said Mr..
Hammond Trupper, Ia boy about IL years OF
age,) charged with stealing on the 9th of January,
1882 three journal bearings, valued at 81 each, the
Baltimore Railroad Company, was arraigned, and
pleaded ''not guilty" Mr.. Magruder is his coun-
sci. The grand jury in this case sent recommen-
dation to the Court to send this party the House
| of Refuge. The Court would consider the recon-
mendation after hearing the verdict in the case.
The case of Charles Miller, charged with arson,
in setting fire to his own store, on West Baltimore
street, will be taken up tomorrow morning.
The Court will be occupied to-day in the trial OF
cases of larceny.
! James s. Wilson, summoned on the regular petit
jury panel, was excused, owing to sickness in his
| family.
The Court adjourned until this morning, at 10
| o'clock.
The following motions for new trial and in ar
rest of judgment, together with the affidavit of
e. A Moore, one of the jurors at the CorOner's in
quest over the body of Christian Fischer, were
filed Saturday, by j. r. Kenly, ESQ.,, counsel for
| Henry Duvall, who was last week convicted Of
murder in the first degree:
| NOTION FOR A NEW TRIAL.
| STATE OF MAnyLAsD In the Criminal Court
| for Baltimore City,
Henry DUvALL January Term 1859
| Indictment for Murder.
| Verdict for Murder in First Degree.
The traverser by his counsel, John R. kenly
respectfully moves the Court to grant him new
trial.
First. Because the verdict against law.
Second 1t was against the evidence.
Third. 1t was against the law and the evidence
Fourth By reason of the discovery of most ma
terial and important evidence necessary to the
preservation of his life and liberty since the yer
dict in the case rendered, which he did mo-
know of at the trial of his case
JOHN r. KENLY,
Feb. 5th, 1859. Attorney for Duval
MOTION ARREST JUDGMENT.
STATE OF MARYLAND ! In the Criminal Court fol
HENRY DuvA11. January 'TeS Term, D,tSt fs5e.
The traverser by his counsel moves the Cour
that judgment be not entered upon the verdict il
this case, because it would be contrary to law il
, MANY respects
First. Because the right of challenge given hin
by law was not granted to him.
Second. That his objection to the competency o
juror was overrued by the Court, and that h.
was thus deprived of right which the laws CAV
, him.
f Third. That the verdict was against the Law
given and ruled by the Court in relation to and il
reference to his call JOHN r. KENLY,
Feb 5, 1859. Attorney for Duvall.
State Of Maryland, City Of Baltimore, to ,eit:
. On this 9Th day of February, A. D., 1859, befor
the subscriber, Justice of the Peace of the Stat
of Maryland, in and for the city of Baltimore pei
sonally appeared G. A. Moore, who, being dull
: sworn on the Holy Evangey of Almighty Goo
? deposed that he was a member of the coroner
inquest which was held upon the body of Christia
Fischer, and that Elizabeth Fischer did not testif
''that she would know the man that fired shot i
her house, neither did she testify before said nque
t "that she would know the man that fired the she
e by which her brother-in-law met with his death
she were to see him again."
Sworn before WIN. H. HAYWARD.
d CrRcUIr CoURr FOR BALTIMORE CIrY.-Hon. Wn
4 George Krebs, Judge. The following business W,
q transacted in this Court yesterday:
e James B. Taylor us. Edward Windsor, ct al. Bi
! for decree to vacate deed executed by the con
# plainan, and for account of the proceeds of tn
n sale of certain parts of the property conveye
!, thereby, &c. Heretofore argued and reported
# Opinion of Court filed, deciding that complainant
e entitled to a deed from the defendant, conveying
!. the property referred to in the bill that has nj