The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-01-28
La W LNTELLMENCE.

Milton Whitney, Esq, States Attorney, Prose
cutting: The following business occupied the court
| yesterdays
Robert McAllister appeared as counsel for Ed
ward knight, charged with the larceny of a pistol
and asked the Court to fix the amount of bail in
the case. The Court fixed the amount at $500.
Mr.. McAllister.-I have the bail here, SIR
Judge Stump.-Wel, where is the prisoner?
Mr.. McAister.-He is in Jail.
Judge Stump.-The Court has decided that bail
cannot be taken unless the prisoner is present.
| Have him brought out tomorrow morning
Mr.. McAllister.-If your Honor peases, this is
not straw bail which offer, but good responsible
| man.
Judge Stump.-Well, don't want to hear any
| more about that. Have the prisoner brought out
| tomorrow morning.
The case of State Us. Charles Brown, charged
with violating the pilot laws of the State was re-
| sumed.
Judge Stump said he had doubts in regard to the
! jurisdiction of the case in this Court, and before
| proceeding in the he would like the Attorney
for the State to furnish authority for his proceed
| ings.
Mr. Whitney produced from reports decisions
in similar cases, and the Judge said he was satisfied
| to proceed with the trial.
Captain Joshua B. Shaw, sworn.--When
| we got to the Austin the tug was about
| a mile away; have never known any
! small ship to use tug when there was good
| breeZe have known large ships to use tug when
the captain was afraid of striking bottom, although
| there was good breeze; never have known ship
| of the class of the Austin to use tug; there was
| less danger of the Austin running aground than
there was of larger vessel; have known captain
to hire tug when the crew was drunk, although
there would have been no necessity had they been
| sober; when the Austin came into port she had
pilot; the draft of the Austin is about ten feet:
| don't know of my knowledge where the vessel was
| bound to; saw her clearance in the papers,
George Cole, sworn.-I am pilot; have been en-
gagged in that business for 27 years; recollect the
fact of the arrival of the Austin; remember her de-
! parture; my duty is to make application to the
fliH 8 n1,
them; | made an application to the captain of the
Austin, and he refused to employ me or take out a
license; went after her and had her brought back;
| she left the second time with first branch pilot;
| don't know where she bound for; only know
| she bound for sea; there was a good breeze
| from the West when she towed out: about a
fve-knot breeze; that is good wind at that season
of the year; was not in the Austin the morning she
| left.
Cross-examined by Mr.. Marshall-The breeze in
| creased about noon; can't say how much have
known vessels that were being towed out to have a
pilot on board; can't say ever knew a vessel to
use tug because the drunk: the tug
Telegraph is not large boat; when vessel is be-
| ing towed she must be steered also; with such a
breeze as blew on that morning it would take a
vessel about two and half or three hours to pet
| below Swami Point.
By Mr.. Whitney.-Have never seen the Austin
in this port before the time in question: never saw
the captain of her either
William Taylor, sworn.-Is a pilot: after the
Austin was brought back witness poted her to sea;
the breeze was not so good the morning when she
first left; witness piloted her Cape HENRY there
was no steam taken, although there was steamboat
applied.
j. Fl. Cooper sworn.-Is President of the boa, d of
pilots it is witness business to see that vessels are
supplied with pilots; when the Austin left the first
time, she had no pilot the captain of that vessel
never asked witness for pilot; when she was
brought back by the United States Marshal wit
ness furnished pilot; did not charge double pilot
age, because the captain of the Austin had been i'm
posed on; there was a fresh breeze blowing the
morning when the Austin was towed out: the Aus
tin would have reached Swami Point in about two
hours with the breeze she had without the assist
ance of the tug.
Cross-examned by Mr.. Marshall-Have known
vessels to violate the pilot laws besides this one;
this is the first which witness has been able to
bring into court for violation of the law.
Capt. Edwin Bailey, sworn-Have been following
the for thirtyseven years; have been Captain of
a vessel for twenty-five years. don't think there is
any danger of going out with pilot with good
wind have always taken a piolt; always thought
it necessary to take pilot; can't say that
another; have brought ships drawing 10 feet up
the river after night, but always had pilot on
board; always considered it necessary to have a
pilot on board.
| frequently employs tug boats; have employed them
when there was pilot on board; have employed a
tug when there was a good wind do it to get the
vessel away from the city to prevent sailors from
| dDScOHulnU; also employ Jnem TO insure q speedy
exit from the river; would not consider the insu-
rance company bound to him for damages, if the
damage was sustained when tug boat was acting
as pilot; have sent out vessels without pilot
pilot license, but merely in charge of tug; have
always paid the pilot charge for having violated
their laws this has only occurred when witness has
forgotten to pilot pilot license; witness
captains generally their own pilots; have en-
! gagged pilots because the crew were drunk, or be-
cause the captains had some work for the crew
which he wished to have attended to; generally paid
$50 for towing vessel below Swami Point.
By Mr.. Whitney.-Witness always complies with
the pilot laws; any captain who would employ an
incompetent pilot is not worthy of his position;
can't conceive that any man would employ tug
for any other purpose than that which witness has
| mentioned
The State here closed, and C. Marshall Esq., for
the defence, called Captain Lee.
Captain Lee, sworn.-Am the captain of steam
tug have been for ten years. the usual length of tow
line is from fifteen to sixty fathoms; tug cannot
control the course of vessel when the helm of the
vessel is not properly directed; have towed vessels
out in fair wind; don't know there is much differ
ence In the danger of different points of the river;
| the morning the Austin left there was a good
breeZe did not pay any attention to what tug towed
her out.
By Mr.. Whitney.-Witness' son has often said to
him that such vessel had not taken either pilot or
license, and not to take her; do not as a general
thing ask if the captain of a vessel has procured
pilot or license.
By Mr.. Marshal.-Dont think l ever asked the
question half dozen times of captains as to wheth-
er they had pilot a license
| Deputy U. S. Marshal Vance, sworn.-Testifed
to going after the Austin but knew nothing of the
! circumstances of her departure
| Captain Applegrath, sworn.-0wns two tug boats;
have used tug boats in fair wind don't make any diff
ference regards the wind, always use tug boat;
the for hurrying the vessel off is that the
crew is generally drunk and some of them will run
| away; often employ other tug boats when own
are engaged have towed some of our own boats to
| Richmond; when called on to tow boat out never
ask whether there is pilot pilot license board;
that is the business of the captain of the boat being
| towed.
By Mr.. Whitney.-Take tug even when a gale
| is blowing, and tow the vessel until she gets her
| sails set; in a gale ship will outsai tug; have
been caught twice in sending my own vessels out
without pilot or license; when caught witness
| paid the pilot for license.
By Mr.. Marshall.-Never ask whether a vessel
has pilot license; have never asked the ques-
| tion of any captain
Several other witnesses were examined, whose
evidence of similar character to that of the
| three last.
The counsel then went before the jury. Mr..
| Whitney spoke up to the hour of adjournment, and
| Mr.. Marshall will address the jury this morning.
The Court adjourned until ten O'Clock this morn
| ing.
SUPERIOR CoURr.-Hon. z. Collins Lee, Judge
The following business transacted yesterday:
Boon as. Vondersmith Non pros.
Radwitsch Us. Drilling. Non pros.
Gelston as. Counsel Judgment for p aintiff.
Polk Us. LETTER. Verdict for defendant
Bernard s. Loney, VIM. A. Loney and VIM. p
lddings Samuel Bevans VIM. Williare and Ed
gar G. Miller On trial
Assignment for to-day from 527 to $50.
Court OF COMMON PLEAs.-Hon Wm L. Mar
shal, Judge. The following business was transact
ed yesterday:
N. I. Dushane John Scarborough. Appea
from Myers. Judgment reversed.
j. Wesley McCreary Ann K. Wills. Appea
from Myers Judgment reversed
Jacob Hiss Us. H. Y. Roberts Appeal from Ow
ings. Judgment reversed.
Assignment for to-day from 50 to lS4.
CIRCUIT CoURT FOR BALTIMORE CIrY-No bust
ness of interest transacted yesterday.
TowsoNTowN, Jan. q, 1859.
BALTIMORE COUNTY CIRCUIT CoURT.-Hon Judg,
Price, presiding. Richard }. Cuttings, States At
torney, prosecuting.
upon the charge of keeping a disorderiy house. wa
resumed this morning. Mr.. Carr for the defence.
Thejury rendered verdict of guilty. Sentenc
suspended.
State Franklin Berger, indicted upon tn
charge of selling liquor without license. Tn
prisoner was admitted to bail in the of $780,
Fred'k Gtroer becoming bis security
State Michael McGee, indicted upon tn
charge of keeping a disorderly house. Count
case.
McGee keeps grocery and liquor store on tn
Falls road. Jury sworn, and verdict of s'not gu
ty." Mr.. Carr for the defence
State Us. John Mather indicted upon the charg
of keeping a disorderly house.
Case given to the jury without argument an
they rendered verdict of ''not guilty." Mr.. Car
, | for he defanca