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

remaining to be tried; he had intended to take up
these cases ON the Monday of each week until all
were disposed of; if the murder trials were con-
tnued until the next term he would go on as rapid
ly as possible with the other cases to be tried.
Judge stump asked if there was enough of other
business to occupy the balance of the term
MIR. Whitney said there was plenty
The Court remarked it would consider the mat
ter.
Mr.. Whitney then asked the Court to fix some
day for hearing the argument ON the motion for a
new trial in Duvalls case.
Mr.. Kenly said he would be prepared to 90 ON
with the argument, tomorrow, (Tuesday)
Mr. whitney here remarked to the Judge that
as prayer had been filed here, in the case of Will
liam u; Ford, for his discharge from custody, he
would also like day to be set aside for arcuinu
that motion; he was ready at any time to 90 on.
Mr.. Cowan, the counsel of Ford, was then sent
for and soon came into court.
In reply to an inquiry from the Court, he said
ne would like to be INDUCED for few days more
been engaged by the friends of his client to assist in
arguing the motion, but was now in the city of
Washington, and he (Cowan) desired to consult
with him as soon as he returned. He expected Mr.
Nelson home to-day, (Monday.)
Judge Stump-"Well, see him when he returns.
and come into court tomorrow and have day
set aside on which to argue the motion"
Ml Mr. Cowan-" ~ will do so, your Honor"
The following cases were then taken up:
State u.s. Sarah Ellen Francis, (nepress. indict
ed Tor the larceny OF two gold rings one vail and
one woollen comfort, the property Of Sarah Cohen.
v erdict OF guilty. Sentenced to be sold into
slavery for three years within the State
State Us. Gotteib Fisher, indicted for the larceny
OF ~ pounds OF feathers valued at Sl90, the
property OF James Noble. Verdict of guilty. Sem
tenced to the penitentiary for eighteen months.
The following atfidavits were filed with the Clerk
Duvah and Sfgiefous:
AFFIDAVIT JOHN LEMON
State
~. 7 In Criminal Court of Baltimore,
o0hn Lemon. January Term, 1859.
On the l4th day of February, 1859, here in open
court, personally appeared John Lemon and made
oath path on t the Holy Evangey of Almighty God that
oohh hite' witness for the defence in this case,
is absent from the city and beyond the process Of
this court. That the said witness will prove that
the said Lemon was called upon to act in his official
capacity, as police officer on the night that the
murder Is said to have been committed, and that he
was present at the time and place of the killing for
the purpose Of arresting party who it ia alleged
had In his possession a musket, and who was or had
been in pursuit of another man. the said party thus
pursued being the person who gave said Lemon in
officer. - ~
And the said John Lemon further AYERS that he
peheVes that he can have said witness here at such
other time as the court may appoint for the trial of
said case. IouN LpuoN
Sworn to in open court, this fourteenth day of
February, A. D., 1859. THos H. GARDNER, Clerk.
AFFIDAVIT OF HENRY pUvALL
State of Maryland In the Criminal
Oouit ior Daiti-
Henry Duvan more eity.-Jan-
Jointly indicted with uary Term, 1889.
John Lemon and John Siglefous indictment Tor
Verdict in the first degree. Motion for new
trial. N'"
And now on this 14th day of February. A. d.
1853, in open Court appears Henry Duvall, and
makes oath on the Holy Evangeiy of Almighty
Uod that since his trial he has discovered evidence
most material and important for his Defence that
John White, an absent witness, will be able to
pRove that he was not in the house of Gottleib
Fischer on the night of the homicide, and at the
time of the alleged shooting; and that he will be
able to prove the motives which took him into the
nelghborhood OF Fischer's premises on the night of
the homicide; and further, that he will be able to
prove by Philip Wareheim that he was not in the
house OF Gottleib Fischer at the time of the alleged
shooting and homicide of Christian Fischer, and
that the said Philip Wareheim was in sid honse at
the time; that all this evidence has been discovered
since his former trial, and that by the use of rea-
sonable diligence he could not have secured it at
his former trial. HsNPy Drv.II
Sworn in open Court, &c.
John Sigletous also filed an affidavit in substance
the same as that filed by John Lemon
MT. kenly also filed the affidavit of James Toll.
one OF the jurors the body of Christian Fischer
IN which he deposes that Gotteib Fischer stated to
tne Coroner's jury that he did not know Henry Du-
wall, that he only knew John Lemon of those who
were present, and that the said Gotteib Fischer
did not state to the Coroners Jury or to the Cor
oner that Duvall fired the pistol, nor did he state
that 'Duvall was the man. as he testified in Court
but on the contrary the said witness stated to the
jury of inquest that he did not know Hnery Duwall
and that the CorOner's Jury were anxious to iden-
tiy the party, and had the said Fischer testified be-
fore them as he did in Court the iury would not
have been justified in the verdict which thew
rendered; and that Elizabeth Fischer could not
and did not identify the said Duva as the person
who fired the pistol but on the contrary she did not
pretend to do so before the Coroner and did not
then state that she even knew him. Mr. Toll further
deposes that during the progress of the trial of
Henry Duvall, he read the testimony of the two
witnesses above mentioned, and stated then as he
believes now, that they either swore falsely in
Court or before the Coroner's jury.
lSworn before,l EDWARD j. PETERS, J. p.
The Court adjourned until 10 o'clock this MORN
ing
CoURT OF COMMON PLEAs-Hon. William L. Mar
shall, Judge. The following business occupied the
Court yesterday:
A. }. Bartholow Us. Preston Dicks. Appeal from
Justice jolly. Judgment reversed.
Wendall Bollman us Harlow w. Heath Ap-
peal from Justice Alexander. Judgment reversed.
John Severt and James Malcolm Us. John Ehan-
Ter. An appeal from Justice Ridgely. Judgment
affirmed
SUPERIOR CoURT.-Hon. z. Collins Lee. Judge
The Court was engaged in the following case yes-
erday:
State use of Harriet Kelly ct aL u.s. The Bati-
more and Ohio Railroad Company Before repor-
ed. Not concluded.
Assignment for to-day 643 to &c.,