The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-05-24
LA w NTELLIGENCE,

|
| to Baltimore County Court
! State rs. Beale Barton and Edward Miller in
| dlcted for the murder of Thomas Leyburn on the
5th day OF January last, by shooting said Levburn
| with pistol, nfiicting a wound from which he
| died on the 7th day of the same month. T. Joseph
Rogers, ESD, assistant prosecutor for the State
Messrs. Hack and Leakin counsel for the prisoners
Inc regular panel of jurors was called and each
questioned on his cor dire, to whether they had
formed or expressed an opinion as to the guilt or
innocence of either of the prisoners at the bar or
whether they were conscientously opposed to capi-
There were seven jurors selected from the regular
! panel, as follows:
William W. Hilton, John w. Glanyile. John
Roonson, Richard ii. l.. Ridgely, Charles Il. Pitt,
Jacob Hindes, Samuel j. Garrison, and Robert l..
| Seth.
The panel having been exhausted the Sheriff was
directed to summon twenty-five talesmen, and the
| Court cook recess for thirty minutes
When the Court assembled, Mr.. Rogers, adjunct
counsel for the State and said that as far as
ne was concerned, he would file suggestion that
the case be removed to some adjoining county, as
be did not believe that the State could have fair
and impartial trial in this Court. The State had
right to remove the case after the swearing of the
eleventh Juror.
The Court said the States Attorney had riobt
to remove the case, but it did not know of
any act giving the power to the assistant prose-
cutor.
The Court then asked Mr.. Whitney if he objected
or consented to the removal.
Mr.. Whitney said he had not heard the grounds
set forth, and what there was for the re-
moval.
The Court said it would not order the removal
unless the States Attorney made the suggestion.
Mr.. Whitney remarked he had not made such
suggestion.
Mr. Rogers said that he had information and was
leo TO believe, from conversation with friends of the
deceased, that the State could not have fair and
| impartial trial in this Court.
The Court then said that the States Attorney
ana that the assistant counsel might confer togeth-
| II thew thn off tha
the suggestion must come from the States Attorney
Mr., Whitney and Mr.. Rogers here conferred
MI. whitney afterwards arose and said that the
parties who had asserted that the State could not
| have fair and impartial trial were unwilling TO
take the responsibility of swearing to that fact
de would not, therefore, assume the responsibility
| ofremoval unless they did so.
MIR. Rogers confirmed the statement of Mr. Whit
ney, and said the parties unwilling to take the
responsibility of the removal and he must of
| course, go on with the case.
The names of the talesmen summoned by the
Sheriff were called, and the following selected as
| jurors:
George W. Bowers, Jacob Classan, John Hogg,
| and VIM. Eldridge.
The jury were then charged bv the Clerk
Mr. Whitney then made the opening statement
to the jury, and stated what the State expected to
prove; said the indictment was framed upon the
| Act of 1909, which defines the grades of murder
| &C., and explained the meaning of the different
| sections OF the Act; what constituted murder
in the first degree and murder in the second de-
gree.
| The counsel for the defence declined making anv
statement to the jury at this stage of the trial
John +. Popp, sworn.-Live at No. 43 Ensor
street; keep estaurant; never saw Leyburn be-
tore the night he was killed; came into witness
mouse with man named Mcmahon, little after
O'Clock; there were four or five persons in the
house then; Miller andBarton wereno there at that
time; the former asked for OYSTERS had none; told
tnem where to go afterwards they came back with
Miller and Barton; drank some lager; they had a
talk together; Leyburn struck Barton and knocked
him down; while Barton was on the floor Levburn
plcked up the mustard pot and threw it at Barton
witness then took hold of Leyburn and put him
out; as soon as Barton was struck Miller ran in
the back room where witness family was and Bar
ton came in also soon afer after witness put Lev
| burn out he saw both the prisoners in the back
part OF the house; they asked for light to go in
the yard to look for something they had lost wit
ness did not hear the shot; when he went back he
toa Miller he was coward to run away;
witness can't say anything about the shooting: he
heard about it Is minutes after the collision in the
front room witness heard the parties talking about
difficulty which had occurred on Cav street,
barton sald Tom, If Eve insulted you, / did not
intend it,; Leyburn then struck Barton and
knocked him down; when the prisoners came from
the back room after the blow was struck they asked
lor the light; witness refused to give it to them
this was two minutes after witness put Leyburn
out and 10 minutes after this witness heard that
man was shot; nobody ever called to see witness
about what he was going to testify to on the trial
Gross-eXamlned by Mr.. Leakin.-There was no
|
Barton; the mustard box holds pint and is of
earthern ware; it struck Barton; Leyburn tried to
nlt barton with the pepper box, but missed his
marx; Leyburn attempted to throw bottle of
catsup at Barton but witness then had hold of Lev
burn
BY Mr.. Hack.-Barton was bleeding after the
mustard pot was thrown at him; witness did not
examine the wound.
Frederick Pinkney, sworn.-Witness was called
on ABOUT lO O'Clock at night the 5th of January
after the shooting, at house on North street: had
some w Mr. obo N
ditlon OF Leyburn; witness then took his decara-
ton; at first witness thought the wounded man was
IN lucid state OF mind, afterwards thought his
mind was wandering as the answers were incon-
sistent.
Mr.. Pinkney here read what statement had been
made by Leyburn, to the effect that he had been
shot on the street and he believed Miller shot him.
and that Barton was with him (Mer) at the time
The next day Mayor Swami, his Secretary and
witness called 10 see Leyburn; he was then sinking
ne was questioned and then said that he was shot
not with Miller, but that Miller shot him. he be-
heved he had the difficulty on the street.
Or. Henry leates, sworn.-Was called to see
Leyburn on the night of the 5th of January, at
Roberts drug store, at the corner of Forest and
Britton streets; he was then in diving condition;
witness then saw wound in the neck; next day
witness attention was called to wound in the back
and also to one IN the arm; the wound in the back
caused DEATH 1t passed upwards and came out at the
neck; witness told Leyburn he was in diving con-
dltion, and he seemed to be of his situation
Myer Greenbaum, sworn.-Was in Popps house
the night OF the occurrence; Leyburn and another
young man came in and asked for OYSTERS they
were told there was none, they went away, and in
about ten minutes they came back with two others
and asked for beer; heard Barton say 't is all
over;' heard Leyburn say "God d-n;" witness
didn't want to see any more and went into another
room; witness saw Barton come in the back room
with his head full of blood; witness son then came
after him to come home; said there was man shot:
witness went home, he much scared; thinks he
saw Miller in the back room butts not certain;
maybe did see him, and maybe not; don't know any,
thing about the shooting; did not hear anv shots
hred witness was so frightened he could not hear
pistol shot; witness son came to him about three
or four minutes after he Barton filled with
blood.
John Buckley, sworn.-Live LA Ensor street. did
not know Leyburn; don't know ANYTHING about the
case; heard the pistol fired when at nv stand at the
Be-Air market witness stand is on the corner of
Forrest street; the pistol was fired between Hilen
and Ensor streets; Popp's house is about $50 feet
from witness stall; witness don't know the night
the shot was fred only heard one report: it was
after supper when witness heard the shot.
Henry Robinson, swOrn-Recollect the occur
renee oi the shooting; was going up Monument
street, crossing Forrest street, heard the pistol
hred; saw several men cross the street; went down
and saw man fall on the pavement; don't know
the man; heard some one say it was Tommy some
thing; 1t was about the corner of Forrest and Hill
en- streets where witness the man fall near
Streets tavern; saw three or four men run across
the street after the shot fired; could not recop
hlze any OF them; got to Streets Just Mr. Street
came out of the door; don't know what was done
with the wounded man; did not stop; don't know
whether the men were running from the shot or
not, as witness don't know where the shot was
fired; he only heard it; the man was staggering
when witness saw him.
Henry Laughn, sworn.-0n the nj ght of the 5th
of January, was out playing on Ensor street. near
Popp's, between and o'clock with boy named |
Simmons; did not know Leyburn knew Barton and
Miller; went up Ensor street to Hillen down Hillen
to Forrest, stopped in front of Bowers house: saw
man run out of Ensor street, up Forrest street !
towards Hien; supposed it to be Leyburn, he was |
crossing Hillen when he was shot was shot from
the second awning post below Hillen street; saw |
the pistol fired; don't know who fired it; witness
was about three feet from the man W no fired: was
a short man, dressed in dark clothes and cap; the
man who fired the pistol alone; he came from
Ensor street, the same direction as Leyburn came;
saw the man aim the pistol; witness then run right
up to Popp's which about 100 feet off: when |
the man fired at Leyburn, he was about l25 feet |
from him. the awning post is about Is feet from the |
corner; have known Miller about a year Barton |
about six months; could have recognized Miller bv
his form that night, from the distance witness was
from him; did not see the mans features who fired
the shot, when witness got to Popp's, Miller was
standing on the pavement with Popp and another
man; did not observe Barton there; he might have
been there, but did not him; was not before the
Grand Jury.
By Mr.. Hack.-The man who fred the pistol was
not either Miller or Barton. (The prisoners stood
up and the witness positive neither of them fired
the shot.