The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-05-21


CIRCUIT CouRr FOR BALTIMORE CouxrY.-Tow-
soNTowN, May 20, lS59.-Before Hon. Judge Price.
K. }: Cuttings, Esq, Attorney for the State, pros
ecutng.
The case of the State US. David Boom, (negro,)
charged with larceny, was assigned for trial on
Thursday next.
State as. George Potee, indicted for the murder
OF John Armstrong (negro,) by shooting him with
pistol, alleged to have been committed at Potee's 3
drinking saloon, in Baltimore city, on the night of
the 4th of January, 1859 Messrs. r. Grason and
ID. >. Sweeney appeared counsel for the de-
fence.
This case tried at the last term. the evidence
of which published in The Erchunqe on the 2nd
of April, but the jury not being able to agree upon
verdict, the prisoner was again placed at the
the bar this morning for trial, when the
following facts were testified to:
Potee kept three cent drinking saloon on the
corner of Plum alley and Montgomery street; ne
gro dance house is also located in the allev and on
the above night this saloon was kept open until
late hour tor the purpose of selling liquor to the
negroes attending the ball. which took place on the
night OF the murder; the prisoner became intoxi-
Gated and frequently during the night, went to the
ball and returned again to his saloon, having Will
liam Foster employed as his bar keeper; the de-
ceased, together with several other negroes, came
IN and called for something to drink; the deceased
threw half dime on the counter in payment
Tor drink; the. prisoner put it in his mouth
and making an impression on it with
his teetn pronounced it counterfeit, when de-
fered to pay for the drink; to this the deceased OBJ
jected, and scuiiie ensued between the negroes.
The prisoner ordered the negroes out of the house
and they refused to go, when the prisoner, standing
behind the counter, took down his pistol and laid il
under the bar; at this moment of time the deceased
took up an iron bar some three feet in length, anC
holding it elevated over his head, made a step to
wards the prisoner-the prisoner then taking hi
pistol again, fired three times at Armstrong, the
last shot taking effect in his head when he instantly
reeled, fell the floor and expired; the prisoner
then left the saloon for his fathers house and on
his way was arrested and taken to the station house
where he confessed to the killing; the deceased
bore bad character, and occasion threatened
to break up the prisoner house if he had to kill him.
The case was submitted to the jury without ar
gument,, who, after an absence of fifteen minutes
returned a verdict of ''not guilty.
The prisoner was discharged and returned to the
city.
A motion for new trial in the case of Joseph
Oakes, found guilty yesterday of manslaughter,
was filed by his counsel this morning.
While the Sheriff was summoning tales to try
the cause of POtee, the of the State u.s. George
Chester, charged with assauting Mary Chester on
the 10th of July last, was taken up and tried be-
fore the Court.
Mary testified that at the time she was hired to
Mr.. Chester as cook, &C.; on the above morning
she had not prepared wash water for Mr.. and Mrs
Chester; they both fell upon her and beat her un-
mercitully; Mrs. Chester tearing witness hair,
while Mr.. Chester struck her with his fist so much
that DR.. Buckler Jones of the CITY attended her
and cupped her to draw the blood from the bruises
inflicted.
BY the defence.-Wtness did not attempt to-
throw Mrs Chester in a swill tub, or did she call
her mistress bull-b-h; did not pull Mrs Chester
out OF the house before the accused assaulted her:
but on the Tuesday following arrested Mr.. Chester
in the Lexington market herself, and had him
taken to the city court, although she felt the effects
OF the ''bating' for month.
Michael White testified that Mary commenced
the fight with Mrs. Chester, and all Mr.. Chester
did was to keep her away from his wife; Mary's
hair was not down had she any bruises or cuts;
neither the accused or Mrs. Chester struck her,
Verdict 'not guilty.
Court adjourned until tomorrow morning