The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-02-15
La w NTELLMENCE.

CRIMINAL CoURT.-Hon. Henry Stump, Judge
Milton Whitney ESQ.,, States Attorney prosecuting.
The Court was engaged yesterday in the follow
ing business:
State John Lemon indicted jointly with Henry
Duvall and John Siglefous for the murder, on the
night of the 18th of September of Christian Fisch-
er, by shooting him with pistol on the left side of
the breast, inficting wound of the depth of three
inches and of the width of half inch from which
the said Fischer instantly died.
The trial of this was fixed for last Monday,
but was postponed at the request of the counsel for
the defence, on account of the absence of an i'm
portant witness, until yesterday.
After the opening OF the Court Mr.. Pitts arose.
and said that the witness whose attendance the de-
fence expected to procure, had not yet arrived in
the city; letter had been received from him. how
ever, in which he stated that if some particular
day was set for the trial, and timely notice was sent
him of the fact, that he would be able to leave his
work and come to Baltimore Under these cir
cumstances, without wishing now to interfere more
with the business of the Court, he Mr.. Pittsl
would move the Court to postpone the trial of
Lemon until the next term of the Court
Judge Stump inquired what the defence expected
to prove by this witness.
Mr.. Pitts said that in the trial of Duvall all the
evidence went to show that Lemon did not fire the
fatal shot: the nAntrary it .uas nroven that an
other person had used the weapon which caused
tho death of Fischer. The defence intended to
prove by this man White, who is now working at
the Portsmouth Navy Yard, that upon the night of
the shooting he was in company with Lemon, when
a man came to him (Lemon), who at this time was
police officer, and told him that a certain party
had been following him all night with short mus
ket, for the purpose of shooting him; that Lemon
asked this party why he did not have the man
arrested, when he was answered that no officer
could be found to make the arrest; Lemon then of
ered to make the arrest if the Whereabouts of the
party was shown him; and that they then proceed
ed to this house when the unfortunate occurrence
took place. The defence thereupon would show
that Lemon was at this house in the capacity of a
POlica in he eofhi dnfv
Mr.. Whitney said this was the second day upon
which this case fixed for trial. States witness
es were all present now, and had been before when
the case was last postponed he would like the case
to be proceeded WITH if it was postponed the busi-
ness of the Court would be much impeded. As to
what the defence were going to prove with this
witness, the State of course would not admit this
statement. The States theory was that Lemon
another errand, when he ent into Fischer's
house, and that he there as the leader of the
gang who made this forcibe entry; that knowing
the design of the others who fired the shot, causing
Flschers death, he was equally guilty in point of
law as the others. If the State would admit that
Lemon was there in the discharge of his duty as a
police officer, there would be no case against him.
The Judge said that the witness was not within
the limits of the process of this Court if the de-
fence could get this witness here positively at the
next term the Court was willing to continue it.
Mr.. Pitts had no doubt of being able to procure
the attendance of the witness by that time.
Mr.. Whitney said if the was to be continued
he would desire that an affidavit be filed by the
traverser setting forth what facts this absent wit
ness was to prove.
Mr.. Hambleton, one of Lemons counsel, said he
would Immediately prepare such affidavit and
file it. -s
The Court then ordered Lemons case to be con-
tinued until the May term of the Court, and the
witnesses were discharged until the second Monday
of that month.
Mr. Kenly, who is counsel for Siglefous, stated
that this absent witness also very material to
the issue in the case of his client, and would also
ask that his case be continued; he never heard of
this testimony before, and would now send for
Siglefous and Duvall and let them sign affdavits,
to the effect that the former should have his case
continued as to procure this testimony, and that
the latter should be granted new trial.
The Court hereupon also ordered the case of John
Singlefous to be continued until the May term.