The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-01-11
TRIAL OF MARION CROPS
AT TOWSONTOWN.
FOR TIE MURDER or POL1CE OFEIrER
RIGDON

TRIAL OF MARION ChOPPS
AT TOWSONTOWN
FOE THE MURDER or POLlCE OFFJCER
RIGDON
SEVENTH DAY
l TowsONTOwN, jan 10, 1859
II. Price Judge '-'" ''""
ting. assisted by Arthur W Machen ESQ
V. William p Whyte, Esq, counsel for the defence
S 3.e rs MARION crops, indicted for the murder of
Robert NJ Rgdon, by shooting him with pistol on the
night of the 5th of November last.
On the opening of the Court yesterday Mr. whyte stated
tha ne mad objected to the evidence offered by the State
on Saturday and had pretty fully stated his objections
ne w9ua now IKE to hear the States argument on the ad
mlssaDty OF the testimony sought to be produced by
them. f -
Mr. Cuttings said that the evidence which was objected
to by Mr. Whyte Saturday, was that where the state
wished to show attempt break jail which was an ey
%enee Oh g on the part of the prisoner he being
tat al present but as the question ofadmtng the letter
I6 y & e aecson open for argument the State
mtted as evidence and go to the jury were to Judge
OF the contents supported by evidence which the State
would produce. ~ ~
Mr. Cuttings then proceeded to argue in favor of the
letter being received evidence bringing the letter
home to Crops the author as to his knowedge of
It's contents In support of his argument Mr. Cuttings
cited the case of Singleton Brennan reported in ist
Harpers, South Carolina Reports page 201 and Gurd
woods reported in Roscoe page 93 very old case
to be found in all the text books and doubt said Mr.
it was printed before the food.
. Mr.. Preston, rsng-That book borrows virtue from
its antiquity, like the Bible, sir"
Mr. Cuttings continued to argue the admissablity
Of the letter as evidence because
OF she PTsonerit was pfnla facie evidence of his
Mr. Machen then arose and addressed the Court, and
said that the authorities cited by the State on Saturday
were upon examination amply sufficient to sustain the
States argument Mr. Machen went on to argue that the
letter containing guilty knowledge and traced to the
hands Of the prisoner there was no evidence of
agency for another party it taken as the acts of
the prisoner and could be received evidence against
| him. S
After Mr. Machen had concluded
Mr. Whyte rose and objected to the letter going the
jury He briefly said: May it please your Honor there
Importance to be given to the introduction of the
letter offered in evidence by the State not in this cause
especially but for further reference admissablity
| must be denied upon known and well settled prin-
cpes for there can be found analogous to this
Here is letter containing certain statements rela-
tive to the transaction being investigated which
aeesued Dy the prosecution in the light of confession
1t Is not proved to be in the hand writing the prisoner
1t is patent its face that to the last letter
same person 1t is signed a. o. Bren" 1t is evident
that such man was in the harbor with prisoner and
at the prisoner as far as the proof goes merely handed
the letter to deputy warden duty and was at that
time enclosed in an envelope sealed up object to the
writing of the prisoner, proved been written
with his consent or that of its he had full
knowledge This proof if it be true is in the power of
| tke State-the man whose name is attached to it
the State is bound produce that best evidence
in rejecting secondary evidence where it is
attempted to be substituted for evidence higher
nature.
According to the evidence this was secret communi.
cation which was first in the hands of the prisoners
and every bound by contents of every sealed
communication he puts into the post Office or delivers to
penny postman, every in the community might be
in the power of designing adversary Let illustrate
ia clerk in of Banks steals $500 and hides it in
the cellar of the Bank and becoming alarmed writes
letter to officer confessng theft and stating where
the money is hid he then signs the letter with the initials
Of another clerk and seals it He then calls the second
epise, and tells him give it to the penny postman
for the party to whom it is directed, 1t is done
The letter is received traced the clerks hands, the
money found where hid, and the he
ed upon this letter. in his hand writing and the
of which he did not know But if that letter had
contained either in the body at its close the actual
name of the writer his hand writing had been known
victed.
The of Ightner and Brenner reported Harper
and Roscoe POI, shows that if there had been any
| evidence was admitted by necessity, but the Judge
used the following LANGUAGE In ordinary such evi
dence should not be allowed because the writing is al
ways presumed to be the prisoners. You know pur-
ports to be written, and proof of the hand writing
therefore is higher evidence But in the present
evidence offered was the BEST which the nature of the
case would allow.
The point decided in Gurood's case 1st Leach 49, is
entirely dlssimar to the one at bar That case arose
under the act of p Geo chap Is which provided that
if any person shall knowingly any letter
without any name subscribed thereto, signed with
fictitious name names, letter letters threatening to
k, &c threatening letter, signed with fictitious ini
ais, was proved TO be handed to woman at the New
gate, and 50 delivered to the postoice by her, and
| singularly transmitted to the party addressed The
letter in this case bore a fictitious or initials,
it delivered by the prisoner while alone to a
messenger it contained threat and the defence
plete party did the act knowingly 1t was left to
the jury to find if she did it knowingly and the best
of the delivery above there being person answer
been left to the jury from which they might find the
verdict
different in the one at bar Here is letterdeliyered
by person from the window a ROOM in which are
confined many other prisoner. The letter signed by
man who prisoner in that room at the time and
who is now living and can be found If he the agent
ofthe prisoner let his agency be proved by himself 1t
the best evidence and the ony evidence that ought be
allowed by the Court
samuel ga Ey AtAlnson re'caled'
1r ul'hgS & ineh stepped before me jury showed the
Gtelope IN Whch te ieter was lhcosed, ana READ the
eTrtt Tt to S,i;; ilg Jury, ~ e o.
70 Me- Is copy oi sne ieo'er mn naRatu Dy 1roPP'
Trossod Craor, d. D. ,. ~ ~ IN d pou en'eioPe' d"
dressed Gresory Barrett, Jr Baltimore, Md
BALTIMORE JAIL, Dec. 9th, 1858.
FRIEND GREG wish you would come over and see
me- and let me know what you going for l
expect go putin the county every day and would
like very much to you before go out wish you
would try and get pistol like the was found
and also about getting the witnesses for have
not seen anybody at all, and do what do
wish you would find out whether the boys are going to
CloN up ol c ot Hot. Gee iuliy anu get tIaI pstol
lpaeu n MN IN ago; 40 you think viii stand any
shoM OF uo you thihk hau better try anu get out! ii
the latter, want you to get me couple OF very line
saws nave got frame, and you can get the blades to
! mt; Come over soon.
NO more at present, but give my love to all the fellows
Yours, NC.
GREG: wish you would come over here; want to
see you as understand there is talk going
which do not altogether like. should like to you
in person. By complying with this request you will
| confer a favor
| Your most obedient
L. A. 0BRIEN.
Wtness-That is the letter witness received from
Cropps the next day Crops asked witness if he had de-
vered it to Greg" witness told Crops that he had
given the letter to young give Barrett; wit
Barrett the Jail after the letter writ
ten witness does not know of his personal knowledge
whether Crops searched in the Jail that any thing
his person witness Showed the letter to
the officers the Jail and the ay gave it to Mr.
| Pacay, to give to Captain James,
CrosseXamned by Mr.. Whyte-Witness believes there
was man of the name of L. A. O'Brien in ia at that
tme there was some Is or 20 prisoners in that cell wit
ness told Cropps he had delivered tba etter ness ala
tell him at that time what was NOT trua NJ arratt os
| at the iai after that don't tnow VIZ ba cow t sa
whether Bren or Cropns witness read The Letter OJ
put it in his pocket afterwards he gave il TO Canain
tain Ja1aes: witness had the letter abnu three hours
By Mr. Gittngs-Saw Gregory Barrett at the same win
dow of the cell where Cronps was copfped dont kno 10
| he was talking to Cropps or not,
Judge Price reuuesed all the witnesses t retira from
| BENJAMIN Chaney sworn-Am assistant warden of Rail
timore CITY Jail know Marion Cronns, he wae in oiI on
| the eth of December II 49,
Mr. Gtngs estate If bs coll yr.s seorcbad and 70
| anything was found in itg,1 " ~ ~ -
| IT, - - H.. -.--..-. -.
| WitnaSs cnntinrod a. In coo+ ho,o; .. 5,
| bon,,n,r M, o+ainst tba ,rali ~ 's-"5 " O'pP-
NJ WIrto obioctad to tbo to.,iroo. o,o,,. ,t ooo4
| Court ~ aiir,ittJ - " WIZ 'uA0S ""ou' 'i0 'o'''
W;tness continrad Eo,,d ,,ro sor, fuo-o.. 800 J.; 1t.
coat sleeve and one in his nocke ffrana Ironcnd h
Witness then took the coat and showed tbe 70 c,onno
he denied any knowledpe Of them or how ba yot tbara
nothing more in the cell the cell is about 16 by 16
feet in size these are saw frames made for cutting iron
the other copper the cell was searched
previous to witness knowing about the letter witness
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