The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-11-17
Ia w WTELLHENCE

iul murder of his brother John Connery, on tn
night OF the lst OF December last by shooting hin
! with pistol, creating a mortal wound on the lef
| side of the head, from which he instantly died
On the opening of the Court yesterday morning
! the examination of witnesses for the defence wa
continued.
occurrence at the circus; at the last intermis
sion went over to the Green House, Gay street: me
| the two COnnerys there; had known them both ter
! years; spoke to them and invited them to refresh
ment; took some refreshments with them: they
then commenced talking to witness about mule
| which had strayed away, and stated that they haC
! been charged Sl.50 by the stable man for keeping
| 1t couple of hours they cOnversed together bott
| In most friendly way-when one would hesitate
! in the story the other would go on; they spoke o
! the affair of the livery stable keeper as an impo
| sltion; Thomas was intoxicated and appeared mucl
| excited; witness saw them afterwards in From
| street, near Gay; they were together then; dom
know if they were locked arms; witness did not carr
| then to join them Thomas was in a condition
that his company was not agreeable; went along
Gay street towards home; heard shortly afterward
| about John being shot.
By Mr.. Whitney.-Think it was after ten O'Clock
| when he first went into the Green House; went
| there with Mr.. Russell; the brothers both talked
about the stray mule; they both drank at the invi
tation of witness; while about drinking the conver
sation took place; there with them more thar
! ten minutes; both brothers conversed about the
! stray mule; they thought they had been imposed
| upon; Thomas made some expressions at that time
| the livery stable man to meet him; they also talk
ed about their business that they were raising veg
| etables in the country and would like witness t.
patronize them; don't recolect other conversation;
dld not care to converse much with them, because
| Thomas was much intoxicated; John was not int0x
icated; only knew that the mule strayed away from
| what the brothers told witness.
! By Mr.. Mason.-Thomas was very furious saw
| ing he would be revenged on anybody who would
| serve him that way; John spoke reasonably.
James Dunn, sworn.-Was at a party on the
night of lst December, and about II o'clock heard
OF the shooting; witness was in company with tn
prisoners sister and his sister; witness imme-
dately went home with them; he found Thomas
| COnnery there; he was foaming at the mouth and
looked wild out of his eyes; the eyes were sticking
out OF his head he wanted to go out of the house
and witness said he should not witness then went
into the yard and came in again; Thomas again
wanted to 60 out; witness would not let him, aud
took him up stairs to bed when be got up stairs he
said he wanted to get out of there, and that he
would Jump out the window; witness said no, he
could not; Thomas then threw himself on the bed
crosswise, his legs hanging over the side of the
bed, and rolled and tossed about from one side to
the other he rolled on the floor and laid there until
the next morning at o'clock, when witness awoke
him; he still looked wild; witness asked him if he
knew what he had done; he said 'No;" witness
then told him that he had killed John; he replied
''What?" and said "Where is my knife?" witness
then took a penknife out of Thomas pocket and
kept it; he did not eat any thing at breakfasts cur
ofcohee given him but he refused it; he stayed
at the house that day; he said he would give him
self up, but his brother told him no, he better es
cape; the brother who told him to get away has
gone to
By Mr.. Whitney-The party was held at Osceola
Hall, on Gay street Thomas left the house about
O'Clock the next day. don't know who went with
him; witness was not there when he went away
had gone down the street; witness supposed he was
going away, and at the time knew that his brother
was dead witness stayed with Thomas all day unit
between and o'clock; when witness went away
no one was at the house except witness mother
| when he left home; Thomas Connerv the mex
| night on High street, with two young men, about
! o'clock, they named Waddle and Bogue; h
looked wild them witness told him he had better q,
| somewhere. else they would catch him he looked
little wild, talked in an excited manner; noticed
| his appearance from the light the opposite sd
of the street; did not see him afterwards until h,
! was brnugh on here.
BY Mr.. Johnson-Had only known the brother
| some two or three months; their relations durin.
| this acquantanc ALWAYS very friendly whel
one went cunning, he always wanted the other t.
| be along.
Miss Catharine Conn6ry sworn-Am sister of tn
prisoner; the brothers lived at their fathers hous
| on the Frederick road, for some or wears pre-
vious to the shooting; witness also lived there; tn
brothers were alwars as friendly and loving tw
! brothers could be; Thomas on Monday night a
Mrs Dunns; he was sober at that time; on the nigh
OF the occurrence was at the party; did not knOy
| what had happened until the next morning; cam
home with Mr. Dunn; he did not then tell witness
what had happened; when witness got to Mrs
Dunn she saw her brother, he was in the room
did not speak to him, went right through saw he wa
much intoxicated and excited and was afraid of him
the next morning saw him, be looked wild an,
! greatly distressed; he beckOned witness with hi
hahu 10 go away from MN; saw MN aiterward
| several times, out he always seemed so disturbe
that witness could mot bear to look at him; Thoma
appeared TO De the most ahecuonate OF the tw
prothers; lhomas was ~ years OF age and John z
at the time OF the shooting; John came to the city
NnA, IL Al.
| IN Tor Thomas he came to Mrs. Dunn's on Wednes
day nlght ABOUT y clock
James Dunn-recalled by State.-The hous
was not searched the night of the shooting
THOMAS went away on Thursday, and on Frida
night the house was searched; it was searched thre
times-on Friday night, Saturday and Saturda
night; witness did not know where Thomas was a
the time the house was searched.
Mrs Mary Connery, swOrn.-Am mother Of tn
prisoner; he is about 26 or q years of age; JOhr
the deceased was younger; John always lived wit
witness; the brothers were always together froI
babies, and were always agreeable and loving; the
never had any animosity one against the other
During the delivery of this testimony the prise
ner seemed much affected, and wept bitterly
At the conclusion of Mrs COnnerv's evidenC
Mr.. Johnson announced that the defence had close
its testimony, and Mr. Whitney remarked that tn
State had no more evidence to offer
The Court then took a recess for fifteen minute
Upon the reassembling of the Court Mr. Whit
ney on the part of the State made his openin
argument before the iury II q first defined tba di
ferent degrees of murder rs provided for in the aC
Of lSO9 what constituted murder in the first az
second degrees, and what it was necessary for II
State to prove to convict under the indictmen
| 1t was not incumbent on the State to show an
malice prepense on the part of the accuset
when deadly weapon was used in IL
hands of a party, and death ensued the law copsi,
cred that there was malice sufficient to convict III
der the statute If the State proved that the mir
ofthe accused was in such state as to be rerar,
less of the consequences of his conduct, heart d
void Of all social feeling, and bent on mischie
| then the iurv should infer that there was malit
sufficient in the eve of the law to convict
If the Jury believe that there was a snecif
intent to take life, it was murder in the fir
degree but if the desire was to comm
great bodily harm, and death ensued althouob II
intent was not shown, then it was murder in II
second degree 1t was for the iurv TO iudon fro
the facts as adduced before them Mr. Wbitne
cited many authorities in support of his pssiton
He then referred to the ground taken by the Il
fence that of insanity, caused by excessive use
ardent spirits. and thought that the evidence d
not warrant the Jury in finding a verdict of acoui
tai. Mr. Whitney then went fully into the law
laid down in the books regarding the plea of inSa
ity in criminal cases, and cited many authorize
. He contended that insanity caused bv fit
drunkenness was not legal excuse for Grimm
: act, except in a case where the delusion was co
nected with the act ITSELF as for instance if the pl
soner at the time of committing the act tho1ght tn
. his brother about to do him harm. and actir
under that deluson, had fired the pistol, then the
might be ground for acquittal: but when the a
was committed in trenzied act Of drunkenness
, then the law looked upon it as an act commits
with malice, constituting murder in the first d
u gree. 1t was cOntended that the defence had n
, shown such state of mind, and the law nlerrt
that the condition of the mind was such as to ma
the prisoner amenable to its penalties Mr. VIII
mt fDll Iytp fhn nf IL