The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-01-10
TRIAL OF MARION CROPS
AT T0WSONTOWN.
FOR THE MURDER OF POLICE OFFJCER
RIGDON

hIGDON.
SIXTH DAY
TowsoNTowN, Jan. 7, 1859.
;, CIRCUIT COURT FOR BALTIMORE CoUNrY.-Fon John
II. Price, Judge.
Richard j. Cuttings, Esq.,, States Attorney prosecu
ting. assisted by Arthur W. Machen, Esq
State Marion Cropps indicted for the murder of
night of the 5th of November last.
On the opening of the Court Saturday Judge Price
desired all witnesses except those who had been exam
ined, to retire from the Court ROOM
ohcer Bailey, who the stand at the adiourn
ment OF the Court on Friday and whose testimony was
objected to by the defence, recalled by the State
Judge Price asked what the State desired prove by
this witness
, Mr.. Gittngs-"The State will show by this witness
that the prisoner Cropps had peculiar knowledge of the
premises OF Rgdon and in this connection that he was
planning the murder of the officer"
MI Whyte opposed the admission of the conversation
mad between the witness and the prisoner more than
week previous to the murder of Rgdon and
on the part of the prisoner. Even if the State could
prove that threats made by the prisoner they must
bring them close the time of the commission of the deed
MI Whye cited the Gordon riot case reported Roscoe
where the parties the night previous had manifested
knowledge of that riot and their declarations were not
court that this conversation should 60 to the Jury
The Court decided that the conversation held between
the and the prisoner admissible evidence
go to the jury.
Witness continued-Cropps was on Green street, lean
ing with his left hand on the show box at Cherrys
ner; Cropps asked witness why Rigdon moved on
that beat for witness answered he did know Crops
SAID Rigdon lived in bad pace Crops asked witness
II he knew there alley running aside of Rigdons
house, witness said he did know; Crops said there
was an alley running through Raborg street, that
was back window to the house through which Rigdon
could De killed. that is all the conversation witness recol
lects; Crops then got on omnibus and went down.
witness recollects that Crops said "suppose man
was caught coming out of that alley weapon; wit
ness 9 saa II would look very bad and man would be
weapon.
Cross-examined by Mr.. Whyte-Ths conversation was
time after Rigdon was moved off his beat don't
81
be more, may be less; there conversation among
man named Egeson was the last left the cor
ne when the others went away only recoect Crops
mentioning Rgdon's name; recoect none others who
were here recolect Egleson because he away last
Rgdon and Benton the same beat; when Cropps
asked why Rgdon was removed from his beat witness
said he did not know although witness did know these
fellows know too much about police business already
they are always asking questions about police business
witness acknowledges that he told Crops unruh at
that time; was not examined before the Mayor the
Grand jury witness ordered be here week be-
fore the trial commenced; witness did tell this con
yersaticn to any one before the examination the
Mayor or before the prisoners called before
the Criminal Court.
Officer McGee, sworn-Am police officer was at the
Jail the night Crops brought in Cropps was
placed in the cell called the Rogues Harbor at the Jail
William Dix said to him. "Croppsie thought they would
have here before the week ou Dix then asked
if they chad it him. Crops said as dead as
hell some one asked who with him; witness did not
hear what name Crops mentioned, but heard him say
THAT bull head s-n of b-h' one then made the
remark that they ''wished the bull head s-n of bb
had about there' was at the Court
House during Gambr's trial. Marion Crops in the
lobby at the Court huse the last day of his trial. and
saw Crops following Gambril out down the lane after
GambrilPs conviction.
Cross-examined by Mr. Whyte-There was in the ssHar
bor at that time Henry GambriIl, William Ford william
Dix, John Lemon and Henry Duyall the two latter for
the murder OF Fischer there were number of others
the whom witness did not know; witness was there
that night as guard for the JAIL witness
the porch at the window this was the night of Gambrils
convection; the window is about nine light window
had glass in that night; the window was closed;
witness could the prisoner but the prisoner not
a pht in fha
from Is to 20 prisoners in the there others
with witness; officers Wooden Rutherford Flaherty and
others There's witness did others in the
room; witness thinks Charles Loveday was in the room
adjoining the Harbor;" it was dark night thinks
BY Mr. Gittngs.-Henry Gambrill and William Ford
were convicted of murder; the cell is about fifteen feet
square; am certain Crops said dead as hell"
Officer Rutherford sworn.-Was at the Jail the night
Crops was brought in; when he brought in
wndow whan Tens cron. 9gt ON the M the
the prisoners asked him, "f they had it on ha;,'
Crops said ''yes, deader than hel some one asked
who with him; Crops said, "Corrie and pretty
of b. he was, for he bowed as it was
done some Of the prisoners told Crops hush as h.
would convict himself they told him there officers
outside listening; Crops about twelve feet from
witness; there light in the room witness stand
ing box, looking in the window think Cropps could
have witness had looked witness was sent to
the Jail as guard with Gambrll and the Marshal
witness to remain at the Jail.
Cross-examined by Mr. Whyte-It was dark night
thinks it was misty night; there two windows to
the room; some Of the officers at window and
some at another.
By Mr. Machen-Witness thinks the expression made
by some one was that there forty officers there.
BY Mr. Whyte.-The window about a twelve light
window witness thinks the glass raised or broken
out witness could hear distinctly what sad thinks
those inside could witness face through the grating
don't know who were in the room; there some
fifteen or twenty in there Crops the right hand
side Of the room the others did appear cluster
around him some sat on the table, some place. and
some another heard other conversations the Jail walls
are pretty thick; don't know how thick.
Thomas d. Sultzer sworn.-Was at the Court during
the whole OF Gambrs trial; the verdict rendered at
hafpast five o'clock am reporter for the Baltimore
Cppe witness is particular about the tme witness
looked at his watch when the Jury was then
twenty-five minutes past five; few moments elapsed be-
fore the verdict was announced it then half past five
o'clock Gambrl was put in the lock up
Cross examined by Mr.. Whyte-Wtness staid in the |
Court room until Gambr was put in the lock up; wit
ness then went out the Lexington what
was going on the night was dark and hazy kind of a
Scotch mist there very large crowd on Lexington
the lights lit that night; witness don't
that he saw Crops in the crowd
Mr. Whyte.-''Did you see me there"
Wtness-"No, sr.n
Mr. Mr.. Whyte-"Well, wa. there
Witness continued-Went out Lexington to
see what was taking place. will tell exactly what took
there, if you want to know.
Mr. Whyte-"No. never mind"
Witness continued The crowd very large in Lex |
lngon street, and when it ascertaned that Gambr
was taken out the other way regular stampede took
place. every rushing for Calvert street, witness thinks
he carried several yards with his off the ground
witness could have that night fifteen feet off
but don't think he could distinguish features in Bal
more street Wnen the ShOp windows lit witness
suproses he could distinguish features further than that
Mr.. Whyte-"Suppose you were standing in the glare |
of gas light could you farther in the distance than
otherwise?"
Wness.-"Don't know; never tried it, always depend
ed on my eyes and went ahead'
Mr. Whyte.-"Pretty good eye sight eh?'
Witness-"lt has never failed me yet.'
By Mr.. Machen-Don't think there any lights in |
court ohces on Lexington street, the Court House and
Record Office occupy the whole square Lexington be-
tween St Paul and Calvert streets
Officer Rutherford, re-called-Witness did see any
glass in the window at the JAIL witness is certain there
was no glass between the prisoner and Witness witness
was looking in the window nearest to Crops.
Mr.. Gittings.-The State here renew the request
that the witnesses for the defence be kept from the Court
room.n
dens of Baltimore City JAIL have been at the Jail ever
since Crops has been confined there; know Marion
Crops the prisoner; witness has received letter from
Crops hands since Crops has been in Jail.
M;;e Mr.; Gtngsl"stats Is under what circumstances
while in the guard room and told me-"
Mr. WhyteStop, we don't want to hear anything that
told you.n
Witness continued-went 10 the window of Cropps
at his request Crops handed witness letter directed
that person. the letter was sealed and stamped with one
cent stamp witness did deliver it but broke open
and read it, that's the letter; [etter put in witness
Mr.. Whyte-"Let me look at that letter."
Letter handed to Mr.. White, who perused it.
Witness continued-Gregory Barrett officer in the
penitentiary thinks he is boss in the weaving depart
Mr. MachenMr. Whyte do you object to the letterP''
Mr.. Whyte-"Certainy, do; why your Honor this
letter is written by named O OBrien-signed with
his name"
Witness-'Yes; but it has the initials of Crops on
it."
Mr.. Whyte-"Hold your tongue sir"
Witness-"Speak to me in a respectful manner if you
please Mr. Whyte, am as good man as you, sir talk
with respect"
"Mr Whyte.-"Will your Honor instruct this witness
TO answer questions when they are put him?"
Judge Price.-"The witness must answer counsel
desires"
Witness-"Let Mr.. Whyte speak with respect, your
HONOR
Mr. Whyte then addressed the Court and objected to
the letter going the jury evidence the cause
letter. he sad not in the hand writing of Crops but
written by man named O'Brien, and signed L. A. o.
Bren, the initials M g above Brens name; there
is no evidence to show that Crops had knowledge
ITS or had anything to with the writing the
letter.
Mr. Gttngs-"There two letters on the same sheet
of paper that part signed by O'Bren merely post
crip the other part has the initials NJ c. signed t
Mr. Whyte argued against admitting the letter. he said
TINS letter sealed and stamped and handed of the
cell by Crops, but not in his hand writing it is signed
L. A OBrien and above this the initials NJ c. There
might have been in that cell with the initials;
he believed there there named Marion Cord
suppose, said Mr.. Whyte, this letter written by
brien to entrap Cropps suppose Brien told Crops
ne had written to his Cropps counsel and sealed the
letter. and Crops hands the letter Atkinson to give
Barrett and Atkinson opens it. and finds it is something
which will crminate Crops it fair just to bring this
against the prisoner without proof that it is in his
that he knew its contens bring here the
evidence of the man who wrote it.
Mr. Machen-"I believe he is in the Penitentiary"
hvtn rlu tn haar thnftI Tho tIat