The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-10-06

ROBERT Hamilton, syorn.-Was on the Express;
was in company wieh Mr.. O'Neal helping him al
the bar; between II and o'clock, a general rio
took place, who they were engaged in it did moi
know; riot took place at the bar some of the
boys got drinks and did not want to paw for them;
witness told them not to come that game over him;
Deford then said "boys don't impose on Mr.. Ham,
Ilton, this was previous to the riot; Cosgrove
he seemed peaceable; witness thinks that he asked
Cosgrove to keep the boys quiet
William Henry Taylor, sworn.-Was on the
BOAT; saw all the prisoners the boat;
heard the cry of fight, went forward and saw
melee on the forward deck; saw Reese knock
down Skinner, Reese said that negroes had as much
feeling as white men; did not any of the prison
ers do any act of violence.
by State.-Saw two men who had been stabbed;
did not see them stabbed; had good deal of money
in my pocket that night; woke up with a rope al
most around my neck (laughter); did not tell Mr..
Gardner to beware of any of the prisoners; said
there were pickpockets about did not know who
attempted to put the rope around my neck; did not
see Cosgrove take any of the confectionery.
William 2. O'Neal sworn.-On that night Cos
grove tried to prevent disturbance at the mineral
wafer stand; did not see him do any riotous act
. by State.-At the time spoken of party of row.
dles were trying to get drinks without paving; the
prisoners were not of that party.
Inc evidence on both sides being concluded, the
counsel for the defence said they were willing to
submit the case without argument
Mr.. Whitney said he would prefer to arrue-at
all events he would state the law bearing upon the
case to the jury, and if the counsel for the defence
wlshed to reply they could do so. Mr.. Whitney
then addressed the jury defining the law of riot
and applying the facts brought out by the evidence
70 the charges laid in the Indictment. Mr.. Whit
ney read the definition of riot as laid down in
hoscoe's Criminal Evidence, p. 81.
Mt. NJ Araft, counsel for Deford and Howard follow
ed MIR. Whitney.
Mr.. Leakin made few remarks on behalf of his
client, VIM. Reese -
Mr.. Cowan, counsel for Cosgrove addressed the
jury at considerable length. In the course of his
argument he referred to the zeal exhibited by the
state Attorney in the prosecution Of the prison
ers, ana SAID he must have heen imbued with the
iueaS OF horror and barbarity attempted to he
turoWn around this occurrence by the press of the
country, which he thought after this investigation
amounted to nothing. lie said there was no riot
because he could see none; it was nothing more
tnah youtnlul recreation, which was always par
Iuclpated IN at such an assemblagc as was on that
boat that night.
Mr. Whitney, in making the closing argument
lot the State, said that the counsel on the other
slde was mistaken when he thought that the zeal
eAhlolted oy him was brought about by any news
paper articles. He was doing his duty in this case
as he would don all others, and he wanted to JUS
uce meted out and punishment inflicted where it
was deserved. He had at one time looked upon
newspaper as omethiug to disseminate through
OUT gu the community the intelligence and news Of
the world. He bad changed his opinion of them
now, and only looked upon them as a money
making machine, and the whole aim of the
proprletors seemed only to be to put money in
tnelr purses. He did not allow their articles and
ailuslons to him to affect his nerves; if he would do
so, instead of filling him with ZEAL he thought thev
would take all the zeal out of him. He then al
luued 10 the language of counsel in calling this
dlsgracetul affair youthful recreation He said if
thls conduct was youthful recreation it should be
cut OH IN the bud at once. The blood on the deck
OF that steamer, on the morning after the affray,
showed that there was no recreation there. Mr..
hitney, IN conclusion, asked a verdict of guilty
against the parties, as the evidence fully ustifed
The indictment was handed to the iury at quar-
Ter OF two o'clock, who directed by the Court
10 go to room in the courthouse the Judge saw
ing that he would wait until they agreed.
AT AZ o'clock Mr.. Whitney came in, and the
them.
bailiff was sent to the jury, who returned and
saia the jury had agreed and would soon be down.
Judge Stump.-'1 am very glad of t.''
In few minutes the jury came in and rendered
verdict OF guilty, as to Deford, Cosgrove and How
ard and not guilty as to Reese.
The Court.-"Gentlemen it has got to be COM
mon practice among captains of steamboats, to char
ter their boats to everybody; and to take all kinds
OF people on board of them at twenty-five cents
d head, both niggers and rowdies. They don't care
VINO goes on board so they get the nOney-they
stop mere and there and get all the live stock they
can and mix them together, which ALWAYS results
IN row. Now, this boat went down to camp
meeting. and had rowdies and niggers aboard. and
a night broke out, and the whole thing was pub
nshed through the country. Now, the Court
thinks that if this captain had had apythinp like
the iirmness of man, he could have suppressed
TINS outbreak ut once and preserved the peace
they we"e nothing but boys and he should have
stopped it,.
The Court thinks this practice of charterinp
steamhoats and taking all kinds of rowdies away
from the city, so they can get up row, is a very
pad one, and should be broken up. The Captains
are very much to blame. The people have been
troubled with these parties at MANY points-st An
napois, at Port Deposite and other places. This
boat stopped at Cambridge and some of the parties
were Kept there; the Captain should have arrested
al OF them and kept them there, and not troubled
thls court with his rows. The Captain ought not
TO take such mixture Of rowdies, black and white
on on his boat; therefore, the Court does not think
these boys ought to be punished severely.
me Court thinks your verdict all right; but
thlnks the Captain done wrong in taking such a
crowd IN his boat The Court will therefore fine
the boys 56 cents each and imprison them two days
Alter this there was good deal of talking in the
Court room, among the spectators, the nature of
hesentence evidently taking every one by surprise
The witnesses in the case Of Miller and Hoffman
were ordered to be present this morning
The Court at O'Clock adjourned antil 10 o'clock
this morning
CoURT OF COMMON PLEAs.-Hon. William l.. Mar
shall, Judge
The following occupied yesterday:
>. o. Atkinson George Z. West. Plain
tf's appeal from Justice Alexander Judgment
affirmed
John Dumbler Us. William Schaher An appeal
from Justice Hayward. Judgment reversed, and
Judgment for appellee for $40 and costs.
Samuel Harrington Us. Merryman Cole An APP
peal from Justice Morrison. Judgment reversed
and Judgment for appellant for property; one cent
damages and costs.
Anthony Building Association Us. John Kensey,
use of Maria Beeher. An appeal from Justice
Morrison. Not concluded.
SUPERIOR CoURT.-Hon. Il. Collins Lee Judge
The following occupied yesterday:
', Porter u.s. Gibbons and Kelly. Before reported.
Verdict for plaintiff for one cent damages
by default.
Peters u.s. Reeder's Administrator. Non oros.
Assignment for to-day 209 to 236.
United STATES DIsTRICr CoURT.-Hon. William
Fell Giles, Judge.
The following occupied yesterday:
Francis I. Montel Us. Brig Delta. An action to
recover the value of cargo of guano consigned to
the ibelant which had been replevied by the owner
OF t he vessel. VIM. Schey for libeant
Robert j. Brent and John P. Poe for defendant