The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-01-27

lots go tug boats; the most difficult part of the
river to navigate is from Baltimore to Swan Point;
the morning the brig left we had strong breeze
from the West Northwest; we have to steer South
Southeast going out, which would make the wind
directly aft. There was fair chance for sailing
vessel to leave port that day; there could be no
falrer chance; witness business is to tow ships
with head wind, or when a vessel is under heavy
draft and drags the bottom; there was no necessity
for the brig being towed that morning; it was ne
cessary to get her outside the wharf.
Mr. Whitney.-You say you have been a pilot
for so many years, and as you have stated the po-
sition of the steam tug and brig-do You consider
this plotting the vessel?
Mr.. Marshall objected to the question. He said
the witness might state the facts but he could not
give his opinion whether the brig was piloted or
not.
Mr.. Whitney said the State had put this witness
upon the stand as an expert; as he, having follow
ed the profession for Is years. would be able to state
from his experience in that profession whether the
brig was being pioted or not.
The Court decided that the question should not be
put in that way, it was question of fact to be de-
cded by the jury; the question might be put wheth-
er as an expert, under all the circumstances the
tug was there for any other purpose than plotting
the brig.
Mr.: Whitney said he would put the question in
that form.
Witness continued.-Under all the circumstances
the only the tug could be there for was to pilot
the brig; witness had never seen the brig or cap
tain at this port before; the brig drew about ten
feet; vessel drawing eighteen feet requires tug
because she sometimes touches the bottom; the
brig followed the direct track of the tug.
Cross-examined by Mr.. Marshall.-Have no inter-
est in the pilots fund; am Captain of the steam tug
"Reliance;" it depends altogether upon the wind
whether vessel should take tug or not, except
when a vessel drags when the wind is in the direc-
ton as stated, the tug would almost be in the way
of the brig.
At this stage of the case Judge Stump said it was
time to adjourn. The witness was then directed by
the Court to converse with no one on the subject of
the trial, but to appear in the morning.
The Court then adjourned until this morning at
10 o'clock.
CoURT OF COMMON PLEAs-Hon. VIM L. Mar
shall, Judge The following business was transac-
ted yesterday:
Faril Baxbaum C. Freide. An appeal from
Justice Ridgely. Judgment affirmed
The Mayor and City Council of Baltimore u.s.
Jonas Freidenwald: An appeal from Justie Myers.
Judgment affirmed.
G. c. Trautman Us. w. H. Huston. An appeal
from Justice Shipley. Judgment affirmed.
+. kaufman Us. Samuel Rankin. An appeal from
Justice Morrison. Judgment affirmed
Assignment for to-day from l to Sc inclusive, on
postponed call.
SUPERIOR CoURT.-Hon T. Collins Lee. Judge.
The Court was engaged in the following business
yesterday:
Cherry u.s. Murray. Judgment non pros.
Ward Us. Miller, Garnishee. Judgment non pros
Lovejoy keim. Judgment non pros
James Polk US. George r. H. Letter. An action
of replevin. On trial. VIM. S. Waters for plain
tiff. Malcolm for defendant.
Assignment for to-day from 512 to $751;
COURT OF APPEALS OF MARYLAND.-DEC. TERM,
ls5S.-ANNAPoLIs, Jan. &c, 1859.-No 20. Phillip
Banded Us. James W. Isaac. Appeal from the Court
OF Common Pleas, was further argued by Pratt and
Alexander for the appellee.
No. z. Gustavus Beal Us. George A. Pearre, ad-
ministrator of Abraham Brown. Appeal from the
Circuit Court for Allegany county. Justice Ec-
cleston delivered the opinion of this Court
ing thejudgment but refusing a pro cedendo
SUPREME COURT OF THE UNITED STArEs.-TUEsDAY
Jan. Is, lS59.-On motion of Mr.. Attorney Gener-
al Black, Vincent L. Bradford. Esq. of Pennsyl-
wanna, was admitted an attorney and counsellor Of
this court.
George Shea and Francis F. Marburv, Esors, of
New York, were admitted attorneys and counsel
Tors of this court
l. Donovan, deceased, plaintiff in error, Us. Chris
tian johnson. This cause was argued by Mr.. Gillet
for the plaintiff in error, and by Mr.. Benjamin for
the defendant in error.
No. SO. James Cyrot Gentes ct al, plaintiffs in
error, Us. w. F. Vredenburg & Co. al. This
cause was dismissed with costs under the 59th rule
of court.
No. "a. Daniel Poorman ct al, plaintiffs in error,
rs. Woodward Il Dusenberry. This cause was ar
gued by Mr. Stanbery for the plaintiffs in error,
and by Mr.. F. F. Marbury for the defendant in
error. -
No. 55. Chas. Belcher o., plaintiffs in error,
Us. GeorgeC. Laurason, collector of the port of
New Orleans. The argument of this cause was
commenced by Mr.. Benjamin for the plaintiffs in
error.
Adjourned mt il ton,orrow OF II o,oIooI-