The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-01-17


wants to show the completely
afore the shot, and also that
9 Corre. The State will
preston at the
'ther or not Corrie
Nh Corrie halted
on the rie was near
enough l,
Mr.. Mach -'t... IN from
Tue diiey anu some
declaration whiL ....-. be
admitted part o. /,
Greenleaf in support
Mr.. Preston said
make the prisoner at the.
tions of Crops The State.
shown that Corrie a confe, ...
must show that first; they
guilty intent in this murder by rhe
argued strongly against the admissio. .
tiOn as evidence against Corrie Mr.
court to rule out the evidence of the deca
on the corner of Pine and Baltimore streets,
part of the 7eS geStd.
Mr.. Machen said he State would show com,
tween Crops and Corrie after the murder; that
therng the escape Of the other evidence of guilt
tent and the common design in the killing Rigdon
Judge Price ruled that the evidence was admissible
Witness contnued.-When witness saw Crops on the
N f. corner of Pine and Baltimore streets Cropps was
alone but witness could not swear that the remarks he
heard made by Cropps there was no person with
Cropps and when witness heard the expression
don't run, Crops was looking Baltimore street.
Mr.. Preston objected to this testimony because the wit
ness could not swear that Crops said it.
Witness contnued-Witness thought that Cropps was
looking towards the Doctors office; witness don't know
whether Crops could the crowd running down Pine
street or not crops was not exactly the corner
ness thought the expression to have been made Copps
BY Juror lin an extremely loud voice)-Was the ex-
preston made in "A loud voice not?"
Witness-"Well, not so very loud'
Cross examined by Mr. Preston-When Cropps and
Core in Cudneys witness thinks that Corrie did
not sit down, he stood BAR Corre did not take
part in the interview between Crops and Rothrock wit
ness thinks Corre did not notice this interview Corrie
was at the end of the room next to the door, Core
about ten or twelve feet from Crops when Crops
crouching down; witness knew Crops two or three
years; witness saw him the day before the mur
der when witness saw Crops STOPPING down with the
pistol witness made no ALARM but into Cudney's;
witness mentioned the matter two or three fellows
afterwards in Cudney's witness knew Rigdon.
After very long and searching cross-eXamnaton of
this witness by Mr. Preston facts connected with
the affair elected
George Stewart sworn-This witness reiterated the
in front of Cudneys talking with others that Rigdon
and Stinchcomb came up and afterwards Cronns and
rie that after few words conversation the officers passed
on, followed by Crops and Corre that he saw Crops
stoop down and point something at the officers while
Corre stood on the pavement that after this the witness
went into Cudneys: stad there about five minutes and
then went away alone; that he seen nothing more of
Crops and Corrie that night.
The crossexamnation of this witness elected
facts.
Otis Thompson, sworn.-Am acquainted with Stewart
and Strong recolect the evening Of Rgdons DEATH on
that night witness in front of Cudneys with Strong
Stewart and Rothrock, conversing Rigdon Stinch-
comp came up then crops and Corre and
with the officers something about Gambrils trial witness
did not hear what the officers passed on and
Crops and Corrie followed witness then saw Cropps
crouch down behind awning post and point something
at the officers which witness took pistol he could
only see two or three inches of the barre Corre was
standing on the pavement Crops; witness thinks
Corries face was turned towards the officers time
witness then went into Cudney's remained short time
and then did Cropps and Corre after
that.
Cross-examned by Mr.. Preston.--Knew Crops by
sight; had no speaking acquaintance with him. witness
can tell exactly how old he is; witness made alarm
when he saw Crops stoop down.
Stewart Correll, sworn-This witness, boy ii years
DID, testified to the facts the former trial that
he was standing Baltimore night of the
murder, when he saw Marion Crops and another man
go to the windows of Blanks house. and look in man
unknown to witness; got the SILL on his knees to look
in the window, but Crops did get the sill to look
in; he officer HI gden and another officer come
out of Blanks, and they did So he saw the man who
was on his knees jump down and get behind the proec
on OF Blanks house, that after the officers got on the
pavement the man whom witness did not know came ur
TO the and that afterwards Crops came up, and all
stood and conversed together witness then saw them
parae and he went home he afterwards heard the pistol
shot and came 20 the door, when he running
pursued by an officer, and heard the other shots fired
Cross examined by Mr. Preson.-Witness was standing
at Bells awning post when he Crops the other
witness don't know the distance but he could
distinguish persons that far of; witness never tried
whether he could distinguish black man from a white
one but he Is certain about seeing Crops that night
Blanks window
There elicted in the examination OF
this Witness his evidence the the trial
Crops.
Mr. Preston.-"Hav you the picture representing
the localities and the persons said have been connected
with the commission OF the MURDER"
Witness-"Yes sir, saw the Police Gazette with the
mu
der.'
1t being two O'Clock, the Court adjourned until this
morning at 10 O'Clock. The Judge instructed the bads
to keep the jury together he said they might walk in
fields Sunday but must be particular and not talk
with any one concerning the trial.
The following motion for trial was filed on Satur
day by the defence in the case of the State
u.s. Marion Crops, convicted of the murder of officer
Rigdon.
State of Maryland Us Marion Cropps-In the Circuit
Court for Baltimore County The prisoner in this case
by VIM H. Cowan and VIM. Pinkney Whyte, his counsel
prays the court to grant him trial and his rea
sons, assigns the following, viz:
lst Because the finding of the jury not sustained
by sufficient testimony.
ID Because the court admitted illegal and incompetent
testimony, which went to the jury.
Sd. Because juror or jurors who empaneed tC
try this case had expressed opinion unfavorabe
the prisoner before he they went into the jury box
4th. Because of unfair influences exerted over the
minds of the jury which preudiced their minds agans
the prisoner.
5th Because of other important matters operating pre-
udicay to the prisoner that deprived him of fair
impartial trial.
[Signed.l WIN. PINKNEY WUYTE,
VIM H. CowAN,
Attorneys for NJ Cropps
The Court was of the opinion that the motion had beer
filed too late The rule of this Court has always been
to admit motions for trial, after the adjournment
the court upon the day succeeding that upon which thu
verdict had been rendered The following is copy thu
rule of the court the subject:
Every motion in arrest of judgment, for trial
shall be made before the rising of the court the
day succeeding that upon which the verdict shall be found
and at the time of making such notion the party sha
shall additional these shall be
to writing and fled and further hearing shall be granted
at the discretion of the court
William Parkn Scott, Esq, motion of Mr.. Git
tngs admitted to practice as attorney in this
tAter the adjournment of the court, Mr.. Whyte wht
was not present when the motion for new trial wa
fled requested that his had been signed
to the motion without authority.-Reporter.l
! CRIMINAL CoURT.-Hon. Henry Stump, Judge
Frederick Pinkney, ESQ.,, Deputy States Attorney
prosecuting. The following business transacted
| on Saturday:
State Us. A. Deberring Charged with assault
ing and beating Jas. Hagan. Fined 81 and costs
| SS.24.
State Us. George Young, negro Charged will
assaulting and beating Ludwig Rostaburg.
1t was in evidence that the negro Young had in
suited the wife of Rostaburg several occasions by
making lude propositions to her. Mrs. Rostaburg
is white woman, and she testified that the negro
had taken hold of her and attempted to take
| rantable liberties. She had repulsed him and in
formed her husband of bis conduct. The negro hac
offered her money, which she refused Rostaburg
| met oung in the house Of acquaintance, ant
charged him with having insulted his wife, whel
the negro attacked him, knocking him down an,
beating him.
The Court sentenced the negro to Imprisonment
for three months, and to pay fine OF S5 and cost
I-Sl6.33
State John Vandaniker. Charged with as
saultlng police officer Brooks. Fined 81 and costs
S1l.37.
| State James Kenny. Charged with kickin!
Ann Stallings in the face. He forfeited his recoe
nizance, and asked the court to impose a fine of So
on him, as the assault was unprovoked and bruta
in the extreme.
The recognizance of John T. Hubble and Henry
Myers forfeited
In the case of Joseph Cherigo alias Italian Joe
charged with being engaged in the riot in the pub
| lie house OF Geo. Wilhelm, on President street. OF
Christmas evening, and with assaultng at that tim,
with attempt to kill James Frazier, the court fixeC
| the amount of bail at 81, 900.
! Court adjourned until ten o'clock this morning.
CoURT OF COMMON PLEAs.-Hon. VIM. l.. Mar
SHALL Judge The following business was trans
acted on Saturday:
! Susan Wallace Us. Francis and wife, administra
tors OF James Griffin. An appeal from Justice Grit
| fin. Judgment affirmed.
Jonathan We'll rs. Stephen Helm. An appea
| from Justice Griffin. Judgment reversed
Leander Whipple Us. Isaac Fisher An appea
from Justice Audoun. Appeal dismissed.
Assignment for to-day from SO to ITO, inclusive
UNITED STATES CRCUT CoURT.-Hon. VIM. F
Giles. The Court engaged in the followin!
| business on Saturday:
Edgar Mckenney Us. Heald & Bro Before re
rorted Argued.
CIRcUIT CoURT FOR BALTIMORE CITY.-Hon VIM
Geo. Krebs, Judge. The following business wa
transacted on Saturday:
Samuel Elenger James Stockdale, et al
Injunction issued to stay further proceedings unde
a writ of fferi Jacias w. F. Frick, Esq, for com
plainant.
Thomas Turner rs. Sarah A. Turner Applica
tion filed for divorce uinculo matrinonii from de
tendant. NJ ). Jones, Esq, for complainant.
SUPERIOR CoURT.-Hon. z. Collins Lee, Judge
The following business was transacted on Saturday
Hanson Us. Barry, trustee. bill in Equity
Argued.
SUPREME Court OF THE UNITED SrATEs.-Japuar,
4.-John L. Hanna, ESQ.,, of Ohio, was admitted
an attorney and counsellor of this Court.
No. 2S5. John I. Mason, plaintiffin error Us. Jos