The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-02-05
La w INTELLIGENCE.

on the night of the eighteeeth day of September
last, Of Christian Fischer, by shooting him with
pistol, intlicting wound on the right side of the
breast of said Fischer of the width of half an Inch
| and the depth of three inches, of which wound
he the said Fischer, instantly died. j. r. Kenly,
Esq, appears for the defence.
On the opening of the Court Yesterday morning
the Jury in the above came in and took their
seats in the Jury box and Duvall was brought in
and placed in the prisoners dock.
The court room was crowded by all sorts of peo-
| ple and the deeorum observed there was ANYTHING
but creditable to the officers employed to maintain
order.
After the names of the Grand Jurors and those
of the regular panel had been called, the Clerk
called over the names of the special panel.
Mr. Gardner then arose and said,
'Gentlemen of the Jury, have you agreed upon
| your verdict?"
| Jurors-"We have"
Glerk-"Who shall say for you?''
Jurors-'The foreman"
| Clerk-"Henry Duvall, stand up; hold up YOUR
right hand. Gentlemen of the Jury, what say you?
is Henry Duvall guilty of the matter whereof he
stands indicted, or not guilty?"
Foreman-"Guiltyo of murder in the first degree"
Judge Stump-"Now poll them all over and see
what each man answers
The clerk then called each juror separately, be-
| ginning with Jonathan H. Ellicott, Foreman, to
| whom the clerk said
"JonatIan H. Ecott, look upon the prisoner at
the bar; what say you, is Henry Duva guilty of
the matter whereof he stands indicted or not
guilty?"
Mr.. Ellicott.- Guilty
Mr.. Whitney, Ito the juror. )-"Stand up"
G. Mr.. Ellicott rising.-"Guilty of murder in the
;, hacn juror was thus similarly questioned and
they severally answered equity of murder in the
first degree" as did the Foreman
Judge Stump-"Now put this down correctly,
and announce the verdict
MIR. Gardner, (after pause) rising -sGentlemen
OF the jury, hearken to your verdict as the Court
hath recorded it. Your Foreman saws that Henry
Duval, is guilty of murder in the first degree and
so say you ALL"
Jurors.-"So say we all.'
| The prisoner was then removed and the special
panel OF jurors discharged
Mr. kenly.-May it please the Court the trial of
Lemon, jointly indicted with Duvall, is fixed for
| trial on Monday, now wish to learn from the
Court, what time will be allowed me, (if deem it
necessarily to file motion in Duvalps case in ar
rest of Judgment"
Judge Stump.-''You can file it within fourdays:
that is the rule of this court"
Mr.. kenly.-"If should want to file motion for
new trial, would be prevented from filing it after
the decision of the Court upon the motion for an
arrest OF Judgment, provided the four days had ex
| pired."
Mr.. Whitney.-"You better file the motion for a
new trial rst'
Judge Stump" Either motion would have to be
Med within four days; this is Friday, you have until
| Wednesday morning.
Mr.. kenly.-"That is all wish to know"
State as. Thomas German. Indicted for the lar
ceny on the 2lst of December last of one gold
WaIch, valued at $500, the property of George r.
Calls. Tried before the Court
Mr.. Pinkney stated that Mr. Calls the princi-
pai witness tor the prosecution had been subponaed
three times, and was always returned non est he
would however call the other witnesses who were
present at the time of the alleged larceny.
John Hamilton, sworn.-Was present at Bar
NUNS Hotel in company with several others on the
day this affair took place Mr. Calls there and
MIR. German; witness saw Mr.. German take hold of
the fob chain of Mr. Calls and pull it up there was
no watch at the end of the chain then; heard Calls
say his watch was gone, and he seemed to think
that German had it; after some time the watch was
found in the umbrella of Mr.. Calls
Judge Stump-''I suppose they were all there
| drinking together"
Milton Whitney sworn.-Just before Christmas
witness called at Barnums for the purpose of seeing
Ills Honor Judge Stump, with view of arranging
some matters of business connected with the case Of
Ford at Annapolis; after this witness was stand
ing IN the passage in conversation with several per-
sons when Mr.. Calls came in; he approached and
shook hands with witness, who noticed peculiar
fob-chain hanging from his (Callis'] pocket; wit
ness made some remark about the chain and took
hold OF it to look at it, when Calls said it had only
cost him quarter, as he had won it at rattle the
night before he then offered to present it to wit
ness who declined, saying that such a chain would
| weigh him down; witness then noticed German ap-
proach and say something in regard to the chain;
witness then turned his head to speak to some one
else, and in about a half minute, heard Calls ex-
| clalm 'my watch is gone! you've got my watch;'
Calls appeared to get angry and seemed to think
that German had the watch, which German de-
MED; witness thought at the time that if the watch
had been taken, some one had taken it for a Joke;
German told witness that he did not take the
watch shortly after this, at the suggestion of some
one German was searched and the watch was not
found; Calls also was searched but the watch was
| not on him; witness questioned those who came
with Calls, where they had before been coming to
Barnum's, and if the watch Calls person
before coming there; this fact was not explicitly
explained some time after, witness heard some
thing fall on the floor, and looking down, saw the
| ring OF watch case, which was apart about
quarter of an inch: witness then thought that CAL
| lis watch had been taken from him whilst in the
hotel; heard the next morning that the watch was
| found in the umbrella of Calls.
Lefevre Jarrett, sworn-Witness was at Barnum's 8
upon the day in question; saw Calls come in, and
remarked to him (Callis) that he had on very fine
| fob chain; German then came up in a very iovial
and social manner, and took hold of the chain, wit
ness did not see any watch and does not know any,
thing about it except that Calls said he had lost his
WATCH and afterwards it found in his (Callis'
| umbrella.
Mr.. Pinkney-"You say German came up in a
jovial Manner
Witness-''Yes sir, in very jovial manner and
took hold of the chan.''
Judge Stump-"Yes, l suppose you were all
very jovial."
Mr.. Pinkney-"That is the whole case, your
Honor"
Judge Stump-"The Court does not think there
is any evidence here to criminate German; there
is nothing to show that he saw the watch; they
were all there drinking, and another person might
have taken the watch under the circumstances. The
Court will dismiss the The party were all
there drinking, and perhaps drunk, and can't tell
anything about it,
Mr.. Jarrett-"I don't know about the others, sir;
but | was not in that condition..
MIR. Whitney-"I went there then to see your
Honor, and according to expectation found you
Judge Stump-"Well, dismiss the case''
The next case AIKEN up was that of the State Us.
Elizabeth Bubleip charged with assaulting Marga-
ret Leinhardt,and the State Margaret Leinhardt;
charged with assaulting Elizabeth Bubleiss, tried
before the Court This was a cross action. The par
ties seemed to have had rough and tumble fight
in the street, the of which not very accu
rately stated. The parties were all Germans and
had to be examined through an interpreter
The Court dismissed the case, but told the woman
II they came there again, he would put them in
JAIL where they would not be able to fight. The
Court ordered both parties to pay their own costs.
State u.s. Joseph Cheriquo charged with assault
ing James Frazier on the 25 tn of December last
r. Barry Esq, for the defence, who entered plea of
guilty. Mr. Frazier stated to the Court that on
Christmas night he was in the house of Mrs. Will
helm on President street, Pratt, where party
OF II or Ia men broke in the windows and door
and came into the house, demolishing every thing
in their reach, and that the traverser struck him
over the head with gun inficting pretty severe
wound The witness said most of the party had
guns.
Judge Stump.-"Had they been gunnng?"
Witness.-m expect they had been cunning after
me-"
ing game"
Witness.-"No Sir"
George Wilhelm, the husband of the proprietress,
testified to the same facts as Frazier.
The Court fined the traTerser 81, and ordered
him to be imprisoned one week.
William alias Peggy Graham, indicted for the
larceny OF seven yards OF cashmere, the property
Francis Bushman, was arragned, and plead ''not
guilty" He said he not ready for trial. and
had no lawyer. The Court appointed Mr.. Sweeney
as his counsel.
The recognzances of James Crangle, John Hub
bley and August Geyer were forfeited.
Christian Leutbecher, charged with selling liquor
on Sunday, removed his case on affidavit to Bati-
more County Court.
The case of Thomas Devn, charged with an as
sault with intent to kill William French, was also
removed to the county, and the traverser admitted
to bail in the sum of S700, Ezekiel Scarborough be-
coming his bondsman to that amount.
The Court then adjourned until this morning at
ten o'clock.
CIRCUIT Court OF BALTIMORE CITY.-Hon. VIM
George krebs, Judge. The following occupied the
Court yesterday:
In the matter of the estate of Josiah Lee de-
| ceased. Petition for the appointment of an ad-
ditional trustee; argued by C. Marshall for pc
titioner. Not concluded.
Court OF COMMON PLEAs-Hon. VIM. l.. Mar
shall, Judge. The following occupied the
| Court yesterday:
Adam Buchart Us. Samuel Elnger. An appeal
from Justice Mckinley. Judgment affirmed.
August Snyder same. An appeal from Nc
kinly. Judgment affirmed.
Adam Buchart same. Same appeal. Judg
ment affirmed.