The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-06-01

the prisoner, and knowing this he was in fear O
MS LIE, whether the deceased was in the commission
OF any overt act or not.
! The question as to the admissibility of the eyi
dence was then argued before the Court
The Court ruled that the character of the de
ceased as a violent or turbulent man might go t.
the jury from which they might Judge the state o
the mind of the prisoner the time the party was il
front of his house.
Witness continued--As far as witness know
McAleese bore bad character as to turbulence ant
man.
Cross-examined by Mr.. Whitney-Witness wa
on duty that night; on the reserve; it wa
ABOUT twenty-five minutes of five o'clock whe1
word was brought to the station house about tho
Killing; witness did not McAleese at the station
house that night before he was carried there
ollcer Josiah Davis, sworn.-Remember the
night of the killing, at the station house wher
word was brought that man was shot: went TO-
wards Levy's, and on the way Clark sale
he did not know who was shot ''aI on
who who tired; went to Levy's and found Nc.
Aieese lying under the Windows Sergeant
Hewitt Knocked at the door and asked
to get In; Levy asked who it was and Hewitt told
him; Levy then asked him to come to the window
so so he could see him; after this Levy opened the
come there and kill him." made no resistance; wit
ness saw the knife and billy the blade of the knife
was five or six inches long; don't know much about
the character of McAleese
Cross examined by Mr. Whitnev.-Saw the
party at the station house before the shooting don't
know why McAleese went to LEWIS; do not remem-
Der ii McAleese went first out of the station house
Emile Schroeder, sworn.-Live at 2l7 West Pratt
street. recoect the night of the killing; lived at
10 ana II Holiday street then heard great noise
| outside; looked out of the window saw three men
| at Levy's window heard one say "hold up Bubb
| stop, don't do it now, somebody is looking;" saw
| one have something in his hand like stone; then
witness went into his room and the knocking
ceased; in about ten minutes, witness heard the re-
| port OF two or three pistols, and again opened the
nnh
under the window, and one man towards Baltimore
street, and another towards Favette street: witness
went down and told his boss what he had seen.
| Cross-examined by Mr. Whtney-Lived with Mr.
| Boch; lived between Levy's and Fayette street;
slept in the third story there were shutters on the
windows, but there were no shutters blowing about;
after the shot fired witness looked out and saw
! one man standing towards Baltimore street and
| off,
| Bonn Jarrett, sworn-Was one of the coroner's
jury over the body of McAleese: Guise testified that
the gas was turned down low; that he would not
swear that 1t was Levy inside but said he saw the
! form OF man in the room; Barron swore that he
could not recognize Levy in the ROOM
| Mr.. Pittman, swOrn.-Was on the coroner's Jury:
was depused to examine the premises; from the CON
ditlon OF the window and Stats it appeared that an
attempt had been made to get in the house: Guise
! testified that he could not distinguish LEVY:
| McAleese's character in the neighborhood where
witness iiVeu was pad; ne was man who would
| cut and shoot on any occasion.
| Ohcer Hewitt, recalled by State-Witness ar
| rested Barron and Guise that morning; Mickey
| Clarke also arrested
Officer Maloney, recalled. IA bowie-knife with q
| oiade about inches long, and a billy were shown
| witness. That is the knife taken from McAleese's
person, and the billy was found in the gutter: the
! knife was under the pantaloons, on the left side
=, John English, sworn.-knew the premises where
| the shooting took place; was there the nipbt be-
lore; the Stats and windowsash were in good order
| then; don't know how the sash fastened the
Stats were screwed on; saw the piece of wood with
| which the window was propped; don't know where
| it came from: don't know if any BODY was in tba
house that night besides Levy; Levy usually slept
| in the house alone.
Sergt Charles McComas, sworn.-Examined the
premises that morning about 615 O'Clock: the shut
ters were closed then; witness opened them and
found that the window sash was raised and propped
| up with piece OF the head of -four BARREL the
inside bind was raised some two inches and one of
the Stats was Knocked out and LAYING on the sill in
side; several Stats shattered the character of
MeAleese was very bad; he was considered dan
| gerouS man.
| Mr.. Kraft here offered TO submit the casa with
! out argument.
Mr.. Whitney said he did not intend to enter into
discussion of the facts of the case they had occu-
pied very short space of time in their recital and
were compressed into very small compass; the
| jury had them all fully impressed upon their minds
lie desired simply to state the principle of law as
applicable to the facts The principle is that a
man may repel force by force when in fear Of death
anu may protect himself, person property,
| against one who attempts to commit a known felO.
ny, as burglary, rape, arson, &c. Ifa party has
reason to believe, from the acts of another that
any OF these offences is about to be committed and
that act puts him in fear of his life, then the law al
lows force to be repelled by force. The iury were
to apply the facts and to Judge whether, on the
| night In question, McAeese went to this house in
such way as to warrant, by his conduct and be-
havior, the taking of life, as would make it iustif
able killing in the eye of the law
Mr.. Kraft said he endorsed nearly all the law
points offered by the State. He said the urv were
not to enquire whether there was sufficient cause
| IN the surrounding circumstances to Justify killing
| but whether any of the circumstances of the case
gave Levy reasonable ground to suppose that hi:
life was in danger, although no such danger at the
| time really existed. The simple fact of the char
acter OF violent and turbulent man, does not ius
| THY killing, but when such man approaches
another in way that his mind is put in such con-
diton as to lead him to believe that necessity for
taking life exists then the law acqus the SLAYER OF
| guilt fthe conduct of the deceased was innocent,
yet, If in connection with his character there was a
| reasonable ground to suppose that bodily harm
| would ensue, then the law justified the killing
The jury were to apply the facts in this case to the
| law stated.
Mr.. Whitney briefly replied, and stated that the
State did not differ with the defence as regards the
| law stated.
The indictment was then handed to the Jury who,
without leaving their box rendered verdict of not
| guilty.
The Court adjourned until this morning at ten
o'clock
CRcUT Court FOR BALTIMORE CrrY-Hon VIM.
G George nrebs, Judge. The following occupied
the Court on yesterday:
Henry Ieatman rs. Richard H. Stevens. Bill
| Tor injunction and receiver between partners
Heretofore argued. Opinion of Court filed W. J.
fendant.
CoURT OF COMMON PLEAs-Hon. William l.. Mar
shall Judge. The following occupied the Court
| yesterday:
H. IhO abol
from Justice Griffin. Judgment reversed.
J0nn G Mccullough Us. James Tracey. An ap-
| peal from Justice Carl. Judgment reversed and
Judgment for appellant for S2S.75 and costs.
| j. Sudolph rs. g.. Stearline An appeal from
Justice Audoun. Judgment affirmed.
Maryland Coal Oil Company as. +. G.. T. Waite
meyer An appeal from Justice Showacre in three
cases. Judgment reversed.
! George ii. G. j. Bush as. William Morrison.
| An appeal from Justice Shipev. Judgment re-
versed and Judgment for appellee for IS. so and
| costs.
Hannah LOwman rs. Thomas c.. Williams. An
appeal from Justice Wheat. Judgment reversed
| and judgment for appellant for return of property
and SIS damages and costs.
SUPERIOR CoURT.-Hon. Z. Collins Lee Judge
The following occupied the Court yesterday
! Samuel u. Wyman, &C., u.s., Lee and Dunham
Garnishees. Removed.
| Same Us. Durham, Garnishee. Removed
Same u.s. h. W. Williams Garnishee. Dismissed
johnson Us. Streets Agreed.
| Brent as. France, Garnishee. Judgment for
plaintiff for 81 ,050.
Brown &C., Us. Lee and Dunham, Garnishees.
| Removed.
Same Us. Durham, Garnishee. Removed.
Same Us. Portloch, Garnishee. Dismissed
Gelston, &c. Us. Rullmar, Vokman and Dam.
mann. lnquisiton for plaintiffs for S306.59.
Same rs. Rullman, Vokmar and Reinbart. In.
QUESTION for plaintiffs for 81 1895.
Same Us. Ruman, Volkmar and Rost. Inauisi.
| tion for plaintiffs for 81 600
| Samuel q. Wyman, &C., U8. VIM. B. Larmour
| claimant OF property, and Bernard p. Bumentha
| Garnishee of Durham Kearfott An attachmen
plaintiff. H. F. Carey for defendants.
Assignment for to-day 794 to $50.
| CRCUIT Court FOR BALTIMORE CouNrY.-Tow-
soYrowN, May 81, 1859.-Before Hon. Judge Price.
The case Of Henry Mullin Us. The Belar Turnpike
Company, previously reported was resumed this
morning, and the jury, up to the hour of adjourn
| ment, not being able to agree upon a verdict OF
| damages, instructed to return a sealed
| verdict.
John Eager Howard rs. William H. Carpenter.
Action of ejectment, pending which Court ad
! journed until tomorrow.
Court OF APPEALS OF MARYLAYD, DECEMBER
! TERM lS5S-ANNAPoLIs, May 81, 1S59.-No l6l.
| Charles McTavish rs. Charles Carroll. Appeal from
| the Circuit Court for Howard county. Chief JUS
| uce LeGrand delivered the opinion of this Court
! Judgment reversed and prOcedeudo awarded
No 156. Thomas H. WilIitt and wife u.s. Mary
Carroll Appeal from the Equity side of the Circuit
| Court for Charles county. Chief Justice LeGrand
delivered the opinion of this Court Order affirmed
with costs and cause remanded under the act OF
| 1882, ch 302.
| No. 3d. Elizabeth Cookies lessee as. Mary Ann
| Kali and 9TH -