The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-04-02
PRICE TWO CENTS


until you are dead, and may God, of His infinite
goodness have mercy upon your SOUL"
The prisoner then again taken in charge by
the Warden of the jail
John Jones' who was indicted for forging checks
on the Citizens Bank, and who removed his case
to Baltimore county, having been discharged by
that Court by direction of the States Attorney,
re-arrested to appear a witness against James
Manly and Samuel Mullen, who indicted for the
same offence.
bail for the appearance of Jones as witness,
when Judge Stump said he would fix it at $500 in
each case. Mr.. McAllister said he would become the
bondsman for the appearance of Jones.
Judge Stump said he had made it rule, not to
take lawyer for bail in any case; the counsel would
have to procure another man.
Mr.. Whitney stated to the Court, that there were
number of cases still pending, for violations of
the liquor law; some of the violators were men,
bers of the liquor league, and others not. The
counsel, in many cases, had expressed desire to
abide by the decision of the County Court in SINH
lar cases. 1t seems that Judge Price has imposed
a fine of Sl00 and costs on some of the violators
of the law; he would suggest that, if the action of
the County Court is to rule in their cases the same
fine be imposed, if the parties who desire trial
wish to be governed by that Court. There may be
some who would desire to come in during the recess
of the Court, and pay the fine without being tried,
he would ask the Court to fix the fine, and
say if it would abide the decision of the
County Court in some of the other cases.
plead guilty. he would impose the minimum fine, but
would not say what it would do in regard to the
other cases.
The jury were then finally discharged, and the
Court adjourned until this morning at ten
o'clock.
COURT OF COMMON PLEAs.-Hon. William L. Mar
shall, Judge. The following occupied the Court
yesterday:
Devries, Stephens & Thomas vs: E: Herman,
claimant of property attached in the hands of Eli
colt Hewes, garnishees of F. Herman. An at
| $36085.
George Ullrich and Dolly, his wife, Us. John N
Hibner. lnquisition of damages. Damages as
| sessed at one cent
Assignment for Monday 1877 to 318.
SUPERIOR CoURT-Hon. z. Collins Lee Judge
The Court was engaged in the following business
| yesterday:
Michael Warner vs. John Whitmarsh. Jr., ant
George A. Brown Before reported. Verdict fol
| plaintiff S56015.
Assignment for to-day 794 to 836.
TowsoNTowN, March 81, 1859.
CIRCUIT Court FOR BALTIMORE CoUNTY.-Befort
Hon. Judge Price. R. ]. Cuttings, Esq, At
! torney for the State, prosecuting.
State Us. James Edmonds, indicted for burgla
| riouslv entering the house of John T. Story, No
448 West Baltimore street, alleged to have beeI
committed on the 9th of May last. The evidence
was conclusive and a verdict of "guilty" rendered
Mr.. Norris counsel for the prisoner, filed a motion
for new trial
State rs George Potee, indicted for the murder
of John Armstrong, (negro,) alleged to have beer
committed in Baltimore on the 4th of January
1859, by shooting him in the left side of the breas
with pistol ball.
The prisoner was placed at the bar and the fol
| lowing evidence elected:
Police officer Hrst, sworn.-On the 4th of Janu
ary had substitute-officer Faulson; a negro bal
was held in Plum alley, and the prisoner kept
drinking house next door; he was intoxicated, ant
| kept running in and out of the ball room; fnall'
he remained out for about three-quarters of al
hour, and witness went to POtees bar-room, AM
there saw Armstrong laying on the floor, dead; tw
other negroes were in the room; Armstrong wa
shot in the left breast; weapons were found o
the deceased, or was there any laying on the floor
arrested the prisoner on his way from the drinkin
saloon to his father's at first he said he had don
nothing, but after wards admitted to the killing,
said he left the revolver the bar shelf; witne!
and other officers went to the restaurant and ther
found the revolver; the prisoner said Armstron
and several other negroes called for drinks and a
tempted to pay for them with counterfeit money
he refused to take the leaden coin, when the n
groes commenced quarreling with the one who a
tempted to pass the counterfeit money; he told the
to make less noise he would kill of them, an
asked his bar keeper where his pistol was; the bi
keeper replied ''there it is, on the shelf; but don
shoot, you light kill some one, and then get you
self in trouble for nothing;" but, he alleged,
had been much annoyed by Armstrong, and fired
him, and shot him.
The cross-examination by defence was mere r.
capitulation.
VIM. Foster, sworn.-Has been in the Count
Jail since the occurrence, and retained thel
as States witness; at the time of the occurrent
witness was bar keeper for the prisoner; a negl
came in and called for glass ofsomething to drinl
, the prisoner was behind the bar at the time, ar
asked the negro for the money; he said he had non
Armstrong asked the prisoner what he was ''squea
> ing" about and said he would pay for it, at Il
same time throwing down a leaden five cent piec
the prisoner bit the coin and refused to take
another negro then threw down half dime al
l Armstrong took it up, at the same time strikir
, the other negro; a fight ensued between the tw
t when the prisoner took down his revolver and O
# dered them to quit fighting and go out; Armstror
i picked up large wooden bar and refused; t
If prisoner then pulled three times for Armstron
/ the last of which took effect in Armstrong; brea
and he fell dead on the floor; the prisoner then we
e out of the back door, and witness went for the pr
>, oner's father.
!. By the defence.-The prisoner was excited
the time; Armstrong was much larger man tn
n the prisoner.
i Lieutenant Davis, sworn-Was present at
arrest of the prisoner; he admitted the killing,
r said the reason he did it was that the negro g
into fight, and refused to go out of the hor
when ordered, but did not say anything about t
negro raising bar or club on him.
Sergeant Brown testified to the same facts
Lieutenant Davis, and the State closed its case.
There was no evidence for the defence, and t
case was submitted without argument.
: The jury had not agreed up to 3 o'clock
4 | which time the Court adjourned until to-morrt
y. morning. Messrs. Grason and Sweeney for t
accused.
y The motion for a new trial in the case of Jam
! | Edmonds, found guilty of burglary was overrul
L by the Court and the prisoner sentenced to t
"a penitentiary for the period of seven years and
. month.
: John Swartz found guilty of selling lager be
! on Sunday, was fined $25 and costs.
Z Abraham Leaventhrawl, found guilty of se
. liquor on Sunday, was fined $50 and costs.
hnr IIFYhfh fhnnlr r,,1.n nfnIf ,nl1.n
II on Sunday, gave bail in the sum of $500 for his
pearance at the May term.
On Monday next meeting of the members
= the bar will be held with view to extra tel
a for the trial of civil cases, while his Honor, Jud
Price, will be absent at Cecil and Hartford Cour
e Court OF APPEALS OF MARYLAND, DECEMBER Ter
e lS5S.-ANNAPOLIS, April !, lS59.-No. lis. G(
X. Dennis and others vs. John Z. Dennis Execute
and No. 1l6. John U. Dennis Executors Us. Geo
e Dennis and others. Cross Appeals from the Equi
), side of the Circuit Court for Somerset County.
ID The argument in these cases was further cont
r ued and concluded by Waters for the complainan
o Special Docket, No 3.-Curtis Davis and Others
Amelia Reed. Appeal from the Equity side of t
e Circuit Court for Caroline County argued a
i concluded by Miller for the appellants and by Pr;
:, for the appellee.
On Monday next the case of Wilson and 9th,
J. Us. Russell, The Bank of Commerce and othe
J. No. u on the special Docket, will be taken up.
'r General Docket, No. 1lS.-Hubbard Us. Hubbal
to Appeal from the Circuit Court for Caroline Coz
ty, submitted by appellant on written argument.
z No. ll9-Thomas ct al. rs. Malstrom ct al. App
d from the Circuit Court for Caroline County, 81
mitted by appellees on written arguments.
r Nos. 120, III, 1872, continued.
No. l23, submitted on written arguments.
d. Nos. 124 125, affirmed mist.
T., Special Docket, No. II, submitted on printed
guments.
al No. 49, affirmed nisi.
as
d.
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