The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1860-04-12
La W INTELLIGENCE.
CRIMINAL. COURT Irnnr Ro,,

State Us. Charles Voglestine, indicted for an as
sault with intent to kill James Falin. This case
was removed on affidavit to Anne Arundel County
Court. W. H. Cowan for the defence.-State
Samuel Brook, indicted for assaulting and re-
ssting officer Harrigan in the discharge Of his du-
ty, and also for common assault. Tried before
the Court. This growing out of dis
turbance which occurred several weeks ago at
Guys Monument House, in which John Shaney,
Crab Ashby, Andy McGunnigan and others were
engaged. Guilty. Fined $50 and costs-total
S27 34.-State as. Thomas hewitt, (negro) in
dicted for the murder of his wife, Sarah Nevitt by
throwing scalding water upon her person, from
the effects of which she died the 2lst of Decem-
Der last. The offence is alleged to have been COM
mitted the 1lth of the same month. j. r.
Quinn, Esq, for the defence. The following jury
were selected from the regular panel, and several
taesmen summoned by the Sheriff: A. Bond JAR
rett, William 7. Wallace, John Slaughter, Robert
c. j. Waters, John Street, Elisha Randall William
Ealey, Daniel Farland, Wilson N. Fuller, John
Harrison, c. II. Ii. Crocker, Nicholas Burke. Mr.
Whitney briefly stated the distinctions to be made
in the different degrees of murder, and the facts
expected to be proven by the State. The theory
of the defence, Mr., Quinn announced would be
that the deceased was very Incorporate woman,
and that she died from natural causes. The follow
ing evidence was adduced on the part of the State
Daniel Hopkins (negro) sworn.-Was in the house
at the time of the occurrences hewitt and his wife
commenced to quarrel about pouring out some
liquor by the girl they called each other very
bad names; Tom called his wife id bloody
b-h, and then she said, if she was that, then
he was s-n of a b-h; they kept on to quarrel,
word leading to another, when Nevitt picked
up boiler filled with scalding water and threw it
his wife; she screamed and witness got up and
commenced pulling the clothes off of her; she was
scalded nearly to the waist; they dressed her
wounds and took her up stairs but she would not
stay there and came down the next day, but went
to bed afterwards and laid until she died. Cross
examined by Mr.. Qunn.-The deceased was addict
ed to drinking, but not to excess; don't know if
she liuuOr scol6n0. was n
hard-wOrking man: would work when he could get
it; he would drink too. Margaret Neyitt, sworn
Prisoner is witness father: was present on the
night of the occurrence; father, brother and wit
ness had been to market; when they came home
father said he had half gallon of gin and wanted
witness to pour some out In bottles witness re-
fused, and hewitt said if she did not do it he would
strike her with piece of wood mother then took
it up and they commenced quarrelng, and witness
went to sleep leaving them quarrelling; witness
was awakened by some of the water falling upon
he. and burning her, when she jumped up saw
Hopkins pulling the clothes off mother; father and
mother were both tight that night; mother died
eleven days after the scalding. Cross-examined by
Mr.. Quinn.-Mother was addicted to drinking to
excess ever since the family came from Frederick,
about years ago; she got lifpor after she was
scalded; she would have it, father was good to
mother, but she wouldn't let him be good to her
when she got on these sprees; father always work
ed hard to support his family. The State here
rested, except to rebut. Mr.. Quinn here'submitted
to the Court that the State had produced no evil
dence to show that the scald had caused the death
of the deceased, and it incumbent on the State
to prove this, otherwise it would work acquitta
He asked the Court to instruct the jury to that effect
Mr.. Whitney briefly replied, and the Court thought
it a question for the jury. If there was any
doubt in their minds from the evidence to the
cause of DEATH then the prisoner entitled to
the benefit of the doubt. The Court could not in
struct the jury requested by counsel for the
prisoner. The defence then called the following
witnesses: DR.. Linthicum, sworn.-Was called to
apd tha tba Of hor F,, ~
woman in precariOus condition; she was laboring
under symptoms of delirium tremens then, although
the scalds might probably have resulted in death
the condition of the woman from the of acho-
holic drink would most likely have caused it, would
not say that the burn the cause of DEATH;
where there is burn vital part death gene
rally in about five days; when witness visited
the woman, some part of the burn was healing; if
the nervous condition of the woman had been good,
| she might have recovered. William Ledlev and
| Daniel Ledley sworn, and testified that they
| had known the prisoner for many years; he was
kind to his family, always provided for them, and
! was very Industrious that the wife was verv in
| temperate and quarrelsome, that she would often
| come to where Nevitt working and abuse him
| The evidence being closed on both Sides the case
was submitted to the jury without argument at
one O'Clock, who, after being out for ten minutes,
rendered a verdict of not guihy.-The cases OF
| Levi Hoffman, charged with assault with intent
to rob John A. Williams, and Jas. Dugan, charged
with setting fire to the Union engine-hOuse, were
| set uowh ior trlal To-Day court at quarter
past adjourned until this morning at 10 O. clock
CITY CIRCUIT COURT-JuDGE KREes.
Sebastian G. Cockey Elizabeth Cockey other
wise Elizabeth Chase Decree passed divorcing
complainant and defendant Uineulo matrimonii
complainant to pay costs.-William W. Harper
rs Sidney Harper. Decree passed divorcing com
planant and defendant Uinculo matrimonli, com
| painant to pay costs.
| SUPERIOR CoURT-JUDGE MARTIN.
| Robert Holloway Thomas Creamer. An &C
| q Verdict
| plaintiff for 81 ,000--The Mayor and City COun
| Gil of Baltimore ps. VIM. Peters. An action of re
plevIn. On trial. Dulaney and Stirling for plain
tiff; Steele and Teackle for defendant. Assign
| ment to-day l5S to 179.
| COURT OF COMMON PLEAS-JUDGE MARSHALL
| Daniel McCann vs. The Baltimore and Ohio Rail
road Company. Action to recover the value of
looking glass broken in transporting it to st. Louis
Verdict for defendant.-Henry Kemp Georg
K. Walter. Action to recover damages for injur.