The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-11-16
ID W FNTELLMENCE

ing.
Hon. Reverdy johnson, Hon. John Thompson
Mason and T. Joseph Rogers, Esq, counsel for the
defence.
State u.s. Thomas Connery, indicted for the will
tu murder of his brother John Connerv, on the
night of the lst of December last, by shooting him
with pistol, creating mortal wound on ths left
side ofthe head, from which he instantly died.
On the opening of the Court Yesterday the
names of the twenty-five taesmen ordered to be
summoned on Monday, called. Only one, Mr.
Robert w. Tindall, was selected to serve on the
jury, the others being disqualified by having formed
or expressed an opinion as to the guilt of the pris
oner.
When the venire was exhausted the Court or
dered the sheriff to summon twenty additional
taesmen and then took recess until ll15 O'Clock
On the re-assembing of the Court, the names of
the twenty talesmen summoned were called and the
following gentlemen chosen jurors:
Thomas Sewall, Alexander Winchester, Kinsey
Johns and Caleb G.. Lanpher.
The selection of these gentlemen completed the
special panel of jurors as follows:
Thomas 5. Williams, Robert NJ. Hill, Livingston
King, William L. Wallace, Edward Stewart, Pere
CRIME I. Wilson, John Street. Robert W. Tindall
Thomas Sewall, Alexander Winchester, Kinsey
Johns and Caleb c. Lanpher.
The jury was then sworn and charged in due form
by the Clerk.
After the witnesses for the State had been called
Mr.. Whitney addressed the jury, explaining the
different degrees of MURDER under the act of 1909
defined the crime of manslaughter and stated
what it necessary for the State to prove to
constitute murder in the first degree, as was charg-
ed in the indictrent.
He also stated what the State expected 70 prove
bv its testimOny-that upon the night in question
Thomas Connery, in company with his brother
John (the deceased), went into the restaurant of
Mr.. Reach, on North Cav street, both somewhat
under the influence of liquor. After remaining
there some time, the deceased endeavored to per-
suade his brother Thomas to leave the place and 90
to their home; that John, in such endeavor took
hold of his brother, who thereupon used some
harsh language, and among other things said that
eff he John) were not his brother, he would whip
him. that the prisoner'was then observed TO draw'a
pistol, which he held towards his brothers person.
and that the pistol was then discharged in the
hands Of Thomas the ball taking effect on the fore
head of the deceased, over the left eve causing
mortal wound, from which he almost instantly
died; that after firing the pistol the prisoner went
to the door of the house, hesitated moment which
course to take, then ran walked away in a hur-
ried manner, from which time he was not seen
until arrested in the city of New Orleans upon
requisition of the Governor of Maryland.
Mr.. Whitney remarked that if the State proved
these facts, it would ask for verdict of murder in
the first degree.
After the conclusion of Mr.. Whitnev's speech,
Judge Mason arose and addressed the Jury on the
part of the prisoner. He said that the defence
would be able to show that when this affair occur
red the prisoner was laborinr under insanity nro-
duced by strong drink, and was in such condition
of mind that he could not be held morally or legal
lv amenable to the law. They would show also
that the prisoner had no m otive for the murder,
and that there no legal malice shown, such as
the State asserted necessary to convict Judge
Mason went fully into the merits of the case and
cited many authorities in support of the positions
to be taken by the defence.
After he had concluded, the following witnesses
examined for the State:
Alexander Iamison ,swOrn-Resides in Baltimore;
knows the prisoner; did not know deceased; recol-
lect the night of the occurrence; it the lst
day OF December last; it happened AT Mr.. keach's
on Gay street, opposite Front; it was about mid
night; witness stopped in with a few friends; met
Mr.. Thomas Connery, with his brother, talking
a gentleman; shook hands with Thomas Connery,
and told him he thought he had been taking little
too much; Thomas replied slightly; Thomas then
went behind the screen in the bar-room, and wit
ness and Mr.. Stickney took drink; witness
then heard some loud talking, and then saw
John take hold of Thomas by the collar endeavor-
ing to get Thomas home; heard Thomas saw off
you were not my brother l would whip vou:'' the
shot was then Immediately fired; witness saw John
fall; this made witness sick and he went out of the
house; Thomas then came out and pushed witness
aside; Thomas stopped in front of Wonderlv's
store looked one way and then another, and then
went off towards Gay street bridge.
By Mr.. ,IohnsOn.-Thought Thomas was greatly
under the influence of liquor; did not notice John
much; heard wrangling between the two; thought
he saw the pistol taken out of the pocket; when
noticed pistol it was pointed at Johns head went
out of the place about minute after he saw the
body fall; Thomas always seemed when sober quiet
man; when under the influence of liquor, thought
he an insane man; think that was his condition
at the time; do not know the relations of the two
brothers towards each other; that night their de
pertinent was agreeable, except at the time when
witness saw them hustling.
BY Mr.. Whitney-Does not speak about insanity
as an expert, thinks this condition of Thomas was
produced by excessive drink.
By a Juror-Do YOU think that at the time
Thomas was in such a state of mind, as to be un-
conscious of what he was doing?
Mr.. Whitney objected to this
rba cai1 fha II. /.
saw; the jury could form their opinion from the
facts
Witness said he thought from the prisoners be-
haviOur, he was out of his mind.
My. Keach. sworn.-Am proprietor of the house
where the affair occurred; not in the room;
was engaged in the kitchen; heard the shot: ran
into the bar-room; the body there. John was
then dead; did not know either Of the men; the
body taken to the Middle station house; saw
the body half minute after the shot was fired.
| By Mr. Johnson.-Saw Thomas in the ba--room;
noticed that he and his brother had been drinking
pretty freely; Thomas was drunk; heard no CONVEX
sation when in the kitchen; heard them converse in
the barroom; the conversation was friendly; they
were in the bar-room some ten or fifteen minutes.
Oliver Beveridge sworn.-Reside in Baltimore;
was present at the time of the sho0ting was at the
circus that night; after it went into Reach :;
was sitting back talking to Mr. Pearce: John and
| Thomas COnnery in; both were drum k;
| Thomas came and sat witness lap; thought he
| was rather heavy; scrOuged from under him and
Thomas said, "Beveridge, maybe you're mad"
witness said no. he not mad, and asked Thomas to
! take drink; Witness, Pearce and Thomas took
drink; Thomas made good deal of noise
and his brother John tried to get him home; wit
ness then took a seat, and Thomas draw pistol
! from behind and throw it around, and when it
came in front of Johns head it went off; John inn
mediatey fell; witness then went out
By Mr.. ,Johnson-Thomas was very drunk more
so than witness had ever seen him: have known
! him some or years; after the shot, Thomas went
out; he said nothing after the shooting; there were
some six persons behind the screen: Thomas was at
| the oyster bar and drew the pistol there; Thomas
making much noise and was disagreeable to
| persons: witness afraid of him that night:
| thought he looked wilder that night than man in
| his right mind; he looked curious out of his eyes;
| John was very kind to Thomas that night; knew
them both; Thomas was always anxious to go with
John wherever John went; never saw brothers
more fond of each other.
By Mr.. whitney Noticed Thomas ewes at the
! time, when he sat on witness lap.
BY Mr.. Rogers-Can't say that thought Thomas
was crazy.
Dr. II. P. p Yeates, sworn-Made post NOR.
TEN examination at the Middle station house, on
| the ID December, upon the body; found that
pis ol ball had entered over the left eye, passed
| through the brain and lodged in the back of the
head; that wound caused death.
! BY Mr.. Johnson-That wound would have caused
| instant death; the deceased must have been killed
| before he fell to the floor.
The State here announced that it had closed, ex
cept to rebut.
! The defence then called the following witnesses:
John A. Bowen, sworn.-Have known the prs0
| ner for eight years. he assisted his father at Bar
NUNS; have seen him under the influence of liquor
sometimes have him attending to business;
sometimes when he was walking up and down the
! pavement have spoken to him, and he would take
no notice Of the question; have observed him look
| wild sometimes, and heard him say that somebody
was after him, and that they coming after him
| again. saw him on the corner of Gay and Baltimore
streets about three o'clock the afternoon of the
day when the occurrence took place; spoke to bin
then; called him by name; passed close to him, he
! did not observe witness; thought his conduct
stranger crossed the street and stopped and looked
| at him; he walked up and down the pavement
| strangely, then he started down Gay street; knew
the brothers; never anything but the most
| friendly relations existing between them.
By Mr.. Whitney.-This occurrence described BY
| witness, was impressed upon witness mind by read
ing of the murder in the morning can't recOllect
the exact words used at the time of meeting the
prisoners; don't recolect the dress Of the prisoners
witness passed to the north side of Baltimore street
| and stopped and noticed his conduct; witness was
very well acquainted with the prisoner; witness
had noticed an abstractedness in the manner of the
prisoner before this shooting took place; it was OF
this account that witness noticed him particularly
on this day, the prisoner was engaged as a porter
at Barnums; his business called him to stand on thu
pavement at the hotel.
BY Mr. Johnson.-Don ut know that his business
called him to stand on the corner of GAY and Bal
timore streets.
William NJ. Smith, sworn.-Was in the Nonpa
riel House on the night of the occurrence; wa
there with some friends; the prisoner came in aut
pointing to bottle of bitters, asked the bar-keepe
to give him something to drink; the bar-keepel
rp,1d . l. i