The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-01-25

Davis said he would not wait, when Williams re-
piled that if Davis could not act the gentleman, he
should not remove any furniture from the house,
unless he did so over his (Williams') dead body.
Davis then caught the boy by the throat and
| commenced choking him. While Davis had
his hand on the throat Williams called for knife
but his mother said he should not have it, and plead
with the officer to release her SON. after the call for
the knife Davis struck young Williams over the
head with loaded whip several times, intiicting
severe wounds; the blood from the sons head
| splashed on the mothers hands and clothing; an
officer was called and Davis was arrested.
Judge Stump said he was inclined generally to
sustain the officers in the discharge of their duty
but he could not sanction the ofundue violence
| An officer should use moderation and patience in
! executing writs of the kind; in this case he be-
lieved that Davis had been entirely too severe and
| he would therefore punish him by sentencing him
! to pay fine OF S5 and costs and undergo two
| weeks Imprisonment.
The sentence met with a general approval and
| some demonstration was made. Exclamations of
| "good," "served him right" and 'thats iust"
We're heard, and several of the petit jury capped
| State Us. George Wise. Charged with breaking
! into the store of Samuel Newman, corner of Eden
and Orleans Streets the night of the Attn of Janu
ary, and stealing quantity of jewery and dry
| goods, to the value of between $500 and $780,
Samuel Newman, sworn.-On the morning of the
fifth of January discovered that his store was broken
into the entrance effected by breaking out the
panne of the back door; the door opens into a pas
|
the store room and door which leads to the upper
part of the house, which witness occupies dwell
! ing; witness found the lock which the door
leading to the store room broken off; he informed
the police of the robbery, who directed him to the
Mayor he the Mayor and stated the facts of the
robbery the next day he sent for to call at the
office of the Marshal of poce he did so, and found
portion of the stolen goods there's recognised them
| as his; does not know how they came there.
Cross-examination by Mr.. Renshaw.-Identfed
| the property from private marks and general ap-
| pearapce.
| Officer Horney, sworn.-Testfed to the arrest of
the prisoner; the way to the station house wit
ness said to the prisoner if he knew any thing about
the robbery it would be better for him to tell where
the goods were; the prisoner then said if the officer
would let him off he would tell where the goods
were; he then told witness where they were, and
Mr.. Renshaw-"If the Court pleases, object to
the admission of the testimony. The State wishes
to prove the guilt of the party by his confes
sions, which were drawn from him by the officers"
The Court ruled out the admissions of the prisoner.
Mr.. Whitney.-"Tel the jury where you found
the goods.'
Witness-Found the goods in the house of man
nomed Roth, on the Frederick road; took Wise out
with us in hack; left him in the hack in charge of
the driver, while witness and officers Howard and
Henderson went into the house; Roth and his wife
denied any knowledge of the goods; Mrs. Roth
went out into the yard and witness followed her;
saw her throw something the fence; witness
got a candle and on searching found the jewelry;
found other goods there took them to officer Hen
dersons; let the prisoner go that night because he
promised that the rest of the goods should be forth
coming; arrested him the next morning: the goods
were taken to the Marshas office the next morning.
MIR. Renshaw contended that the evidence of the
witness inadmissibe, from the fact that the
officers acted towards Wise in a manner to warrant
him in the belief that the inducement offered to him
at the time of his first arrest would be carried out.
The Court said the jury would weigh that mat
ter.
Officers Howard and Henderson testified similar
ly to officer Horney.
A boy was called by the State, when he answered
that he lived with Roth and on the question being
asked him when he had seen Roth last, he replied
about six months since and added on last Saturday
aweek.
Mr.. Whitney told him to set down.
The counsel went before the jury. Mr.. Whitney
contended that the State had fully made out the
case, and asked conviction from the Court of bur-
gary 1t was not the duty of the State prove that
man who possessed property that was stolen had
really stolen it, but it the duty of the party hav
ing the goods in his possession to prove that he
by the same honestly. This was not hardsh ip,
for it was supposed that any coming in posses
sion OF property honestly would be able to prove
that fact.
j. A. Preston, ESQ.,, followed Mr.. Whitney, for
the defence, and argued that the State had failed
to implicate the prisoner with the robbery. There
was no evidence to prove that the prisoner was the
man who broke into the house and stole the goods
and until the State fully identified the prisoner
there could not be a conviction of guilty.
Mr. Renshaw followed for the defence in an inge-
nious argument for the prisoner.
Mr. Whitney closed for the State, reviewing the
facts and the law.
The jury rendered verdict of "guilty" without
leaving the box.
The Court sentenced the prisoner to four years
and six months Imprisonment in the penitentiary.
Court adjourned until ten o'clock this morning
The court room throughout the entire session
full of smoke, which proceeded from the stoves.
The windows had to be lowered, or it would have
been impossible for any person to remain in the
room, and, as consequence this remedy made the
Al I
be adopted for heating the room, else the person
who receives $3.50 for keeping the stove pipes clean
of SCOT, and attending to other duties, should pay
attention to his business.
CoURT OF COMMON PLEAs.-Hon. Wm L. Mar
shall, Judge. The following business was transac-
ted Yesterday:
Fred Frick Us. Johannes Christman and Conrad
Barkhaus. Appeal from Myers. Judgment re-
versed, and Judgment for appellant for $50 and
costs.
Louis D. Larkin, Executor, Us. VIM. D. F. Lark
in, use of e. W. James. Appeal from Myers
Judgment reversed and Judgment for appellee by
consent for S35.
The Fells Point Saving Institution vs Thos Pin
dell and Elizabeth Pindell. Appeal from Haywood.
Judgment reversed.
Assignments for to-day from 257 to the end of the
docket.
SUPERIOR CoURr.-Hon T. Collins Lee, Judge
The following business transacted yesterday:
Wilson Co. rs. Carson Co., Garnishees At
| tachment on warrant. Judgment of pros.
VIM. 5. Stewart Us. Benjamin Harrison. Action
on debt. Judgment for plaintiff.
Hugh Gelston, ct al, Us. VIM. Rullman, ct al. Ac-
ton of debt in three cases. Judgment for plaintiff
by default in each.
Assignment for to-day from 457 to 4S2.
CIRCUIT CoURT FOR BALTIMORE CIrY-There was
no business transacted in this court of public inter
est yesterday.
UNITED STATES CIRCUIT CoURT.-Adjourned until
next Saturday.
CoUET OF APPEALS OF MARYLAND.-DEC. TERN,
l85S.-ANNAPoLIs, Jan. a. lS59.-No %. Special
Docket. VIM. G. Ford u.s. The State of Maryland,
writ of error from the Criminal Court of Baltimore
City. LIE Grand, Chief Justice, delivered the opin-
ion of this Court. Judgment reversed and proceden
do awarded
No. 27. Regular Docket. Jervis Spencer Us.
The President, Directors and Company of the Bank
of Baltimore. Appeal from the Court of Common
Pleas of Baltimore City, was argued by Alexander
for the appellant and by Meredith for the appellee