The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-10-18
IA w INTELLIGENCE

Milton Whitney, ESQ.,, States Attorney prosecu-
ting, assisted by T. Joseph Rogers. Esq
William ). Waters and r. L. Garretson, Esurs
for the defence.
State vs. Robert Miller, indicted Jointly with
Thomas Hoffman, for the murder on the night of
the 23d of August last, of Hugh D. O'SuIIivan
by shooting him with a pistol in the back of the
head, causing mortal wound of the length of
halt an inch and of the depth of four inches from
which wound the said O'Sulivan instantly
died.
The list of the regular panel was called and each
juror sworn upon his uoir dire, when the following
gentlemen were selected: George W. Showacre,
r. FenneF Sn EBd2ahas 6aAhoh Joseph
Mr.. Merryman Cole, the juror who was taken sick
serving on the panel on account of delicate health
John T. Fardy another juror absent
The panel being exhausted the Sheriff di-
rected to summon twenty talesman and the Court
took a recess for an hour.
On the re-assembng of the Court the names of
the talesmen were called, and the following gentle
men selected to serve on the jury: Jacob Classen,
Thomas J. Dallam Richard C. Murray and Edward
II. Dorsey.
The Jury were then sworn and charged in due
form by the Clerk.
The following is list of the jurors:
George w. Showacre, William Ridgway, Rich
ard Alexander, Joseph F. Wills John Slaughter,
William T. Wallace, r. S. Benner Thomas Can
non, Jacob Classen, Thomas J. Dallam, Richard c.
Murray. Edward H. Dorsey.
Mr.. Whitney then made the opening statement to
the jury. He referred to the nature of the indict
ment, which contained two counts the first charg-
ing Thomas Hoffman with having fired the pistol
which caused the death of 0'Sullivan and that r.
! Miller was aiding and abetting; the second count
charging Robert Miller with firing the shot, aided
and abetted bv Thomas Hoffman 1t made no diff
ference, Mr. Whitney said, who fired the pistol; if
the State proved that either of the parties indicted
| fired the shot, and that the other was near aiding
or abetting, or. ready to aid and abet, then the
! State could ask for verdict of guilty Mr.. Whit
ney then went on to explain the different grades of
murder-what was necessary to constitute murder
in the first degree, and what it was necessary for
the State to show to constitute that grade of crime.
also recapitulated the facts connected with the
murder, which facts the State relied upon for
dict of guilty.
After the conclusion of Mr.. Whituey's address,
Mr.. Waters said that he would not make any state
ment to the jury until the evidence for the State
had been adduced; he would then offer the theory
| of the defence.
! Tie following witnesses were then examined on
the part of the State:
| P. J. Lyon, sworn.-Reside corner Fleet street
| and Argyle alley; am % years of age; became ac-
quainted with O'Sullivan on the night of Monday,
the 22d of August; on that night returning
from Canton; stopped at the corner of Fleet and
Wolf Streets 0'Sullivan was there; was introduced
to him; stayed there about three ourhs of an hours
when 0Sulivan said he had an invitation to party
up town. and he did not want to disappoint; he
would 60 up to the place and apologize any how;
seven eight of us left the house, and going
| through several streets, stopped once to take
drink and then went to the house Pleasant street,
where O'Sullivan intended to go; we stopped only
a short times there being music there we thought
the place dull, and came away; one or two of the
party was smoking cigars, when remark
was made that it did not look well for only
two to be smoking, when O'Sullivan said he
would take the party to get cigars; we then
went along Pleasant to Holiday street;
we crossed over towards the houses Hol-
liday street; some ahead of the others; OSullivan
little ahead of witness; when witness came up
O'Sulivan standing leaning against the rail-
| ;,rr boaI tom ode tha hop no of
house No. log; witness came up, halted and passed
along; Miller go up the steps and knock at the
door; witness halted heard 0Sulivan ask Mil
| Ter for cigars, and heard Miller say he had none
witness went a few feet beyond the porch, when he
heard pistol fired; he turned and saw 0'Sullivar
, laying on the pavement; did not know what tC
make of it; thought be was playing or something;
went back and found he was shot; felt his heaC
and found lump on the forehead and wound ii
the side of the head 0'Sullivan said he shot
soon as the pistol was fired; Miller came down the
steps to where O'Sullvan laid; the police then cam
e up, and one asked who did it witness pointed II
: Miller and said he the man; Miller tbe1
arrested; did not see any one else the steps
and witness thought Miller fired the shot; the sho
j was behind witness; 0Sullivan was carried to tn
watcb-house and witness went then under arrest t.
s testify
b Cross-examined by Mr.. Waters-AI the party O
= eight went from the house Pleasant street, whel
witness got up to where OSullivan was, Miller wa
e not the steps; witness halted and then Mille
r came up; was a6nut six feet from 0'Suivan wheI
|, the shot was fired; was under the impression
came from of tie porehes; heard the report be
: fore saw the fash the houses midway betwee
: Bath and Pleasant streets; the Bath street bridg
Il can be seen from the location witness did not no
tice the time the locality where he was; did
/ know it; did not observe barrels laying about; afte
the shot observed Miller the steps; Miller cam
g down to where 0'Sullivan was lying; the polio
y up almost at the same time; O'Sullivan wa
d about 5 feet inches high.
10 By Mr.. Whitney.--Saw the examination
O'Sullivans head at the watch house from the eel
J. where witness was confined to testify on the Core
Is ner's Jury.
1T By a Juror.-The fash from behind.
is By Mr.. Whitney.-Was standing little sdeway
y on the street, looking towards Bath; both Mile
D. and 0'Sullivan standing between witness an
ine n Pleasant street; OSullivan was IN front OF tn
10 porch more towards Bath street, witness was STAN
O. ing in such position that he could both way
on the street by turning his head.
- John 0rem, sworn.-Lives at 153 Ensor stree
Il, was at Smith Curletts soap and candle ia
le tory the night in question, opposite the hous
r lOi and LOG Holiday street. inside of the factor
as it about IL O'Clock; at first heard singing
the corner of Pleasant street; several m,
g, going up Holiday street, some stopped at the por
., nearest Bath street and some went on; then sa
two men come along Holiday street a run
st wards the others they crossed Pleasant stree
ia and when they got nearer the house they we
as in fast walk; they stopped at the last pore
and then witness lost sight of them; in two
IN three minutes heard report of pistt
then saw a man dressed in light cothiI
street then heard man excaim, "Oh he
shot p then saw the man in light clothes halt a.
os- turn, and when the exclamation was made he r
/ into Pleasant street and turned towards Nor
ert street; witness was looking out the window OF
factory when Miller was arrested, and Miller call
er, | out TO them at the window "Did do that r. a
ten witness and his companion said, "No the man ii