The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1860-08-22
HEARING OF THE HABEAS CORPUS IN
THE CASES OF GADE AND MULLE
JUDGE BARTOL'S DECISION

| JUDGE BARTOL'S DECISION
| The habeas corpus on the petitions of John Wes
ley Gade and Joshua Mully, arrested on the oath
of George P. Kane, Marshal of Police, charged
nth being accessories to the shooting of Franklin
ID. Natf, in Lovely lane, the night of the 26th
OF fDecember last, came up for hearing yesterday
| morning before the Hon. James L. Bartol in the
| Superior Court room. Frederick Pinckney, ESQ.
| Deputy States Attorney, appeared for the State
John ii. Ing and R. l.. Morrison, Eqrs., appeared
for Mully, and F. II. Hoblitzel for Gade
Warden James made return to writs
| Before the examination of witnesses was COM
menced, Mr.. Ing stated to the Court that he de-
sired to make few remarks a personal expla
nation. AT the examination held few DAYS ago
before the magistrate, at the station house,
through an inadVertance of reporter II had hean
made to appear that he had been discourteous to a
| public officer. He wished now to state that he
had no such design, the idea that he had intended
to offer any discourtesy to any one at the time
arose from msapprehension of the case by the re-
porter.
After consultation between the different counsel,
the examination of witnesses in the case of John
Wesley Gade, was proceeded with first.
Henry L. Duhurst sworn.-This witness detailed
the testimony given by him on the examination had
before Justice Hiss, which has been published
After the first firing he went into South street;
met Naft saw him go up the alley; saw men sur.
round him; saw pistol fired did not know who
fired it; saw four or five men run from the lane
into South street, and up South street, recognized
Mllier and Gade among the party; knows Gade
from childhood.
By Mr.. Hobitzell.-There were six or seven men
up the alley when the pistol fired; did not see
them go up.
By Mr.. Pinckney.-The crowd appeared to form
circle around ait; when they ran they gave no
alarm; they ran towards Baltimore street.
BY the Judge.-Not over two minutes elapsed
after the shot when the parties ran from the aiey
tne city Waterman was then springing his rattle.
hsalx -SSyI HI a. ~
sprung they ran.
By the Judge.-The watchman was in the alley.
By Mr.. lng.-Mr. Miller is not Mr. Mully? Ger
Samuel McElwee sworn.-On the night of the
18th OF December last witness standing on Fish
market space, about o'clock, when Gade came IN
him and said they had shot Naff up town, and told
witness he had better send one up to take care
OF him; witness told Fred. Konig, who was friend
OF Nafs, to 60 up there; Gade said he saw the man
VINO hred tn the shot, but would not say who it was
George Shaffner sworn.-Was standing on the
corner OF Harrison street and Centre market one
night about six weeks ago, when Gade, in conver.
saton with witness, said that Levy killed Naff, and
that he him do it.
By Mr.. Hoblitzell-Gade had been drinking.
Gade said also there was bad feelings between him
self and Levy; that he wanted to fight Levy, and
had offered to rent room for that purpose and
By Mr.. Pinckney-Gade had not been drinking
so much as to unsettle his mind.
BY Mr.. Hoblitzel.-Gade said he could hang
Levy. 7
John McWilliams sworn-Gade said in presence
OF witness and Mr.. Shaffner that Levy killed Naff
and he saw him do it; Gade did not seem to wit
ness to be under the influence of liquor.
John Morgan sworn.-Witness was on LEXINGTON
street near Calvert when he first heard the pistol
shots; ran along Calvert street to Lees corner and
saw Manly run small man against Browns cor
ner; heard Manly say, ''you shot at me, you s. of
aoIi pulled Manly away and he went towards
Lovely lane; witness also went over to the lane;
there was considerable crowd on the corner
recognized among the crowd Gade, Miller Mully,
Levy and Dix; saw no one down the lane; witness
staia there about ten minutes, and thinking the
spree was over turned up Calvert street; had not
gone TAR when heard pistol shot; ran back and
into the alley; met Naf who said he was shot, and
saw some men running out of the alley at South
street; could not recognize them.
Joseph Riley Sworn-This witness repeated his
testimony given in the case of Erasmus Lew. He
saw Mully and Levy go up the ally towards Calvert
street; Levy asked Mr.. Eely if Naff was in there,
before they went up; did cot see Gade with them.
Mr. Hoblltzell then contended that there was no
evidence to show any criminal connection with the
murder on the part of Gade, it must be shown that
he was not only present but active participant
in the crime
Mr.. Pinckney thought the testimony sufficient to
detain the accused 1t had been shown that Gade.
by his own confession, was present when the muir
der was committed, and that upon the first alarm
be had ran of-wthout going to Naff's aid-witb
the evil doer. This, he thought, showed completely
In the crime. Moreover, his concealment of the
party who fired the shot was suspicion of felony,
and that would justify his detaner.
The Court remarked, that before disposino of the
ease of Gade, it would prefer hearing the testimony
in that of Muy
The first witness in Mully's case was ex-officer
John Morgan, who testified in the former inst
ance-He saw Mully with others on the corner of
Lovely lane and Calvert street. after hearing the
hrs shot, and left him there when he started to go
back to his beat.
By Mr. Morrison-Saw Muly commit no breach
NOT hear hnv lafu
60 back to the crib;" do not recollect where saw
Mully at terwards.
Joseph Riley sworn.-This witness testimony
was the same as on the other trials He saw Muy |
IN the crowd who were inquiring'for Naff at Eelys
corner; some one in the crowd said 'swonder where
Nafs got to- then Levy asked if he was in Eely's;
dld not hear Muy say anything; Mully GO up |
By the Judge.-Ohy knew Mully and Lew in |
the party; did not see Gade; in the alley when |
shot was flred and ran to his fathers place |
and locked the door; saw the run from the al
ley, but don't know who they were; saw officer |
StaPeford run out of the alley and strike with his
espatoon.
John II. Whitman sworn.-Was present in the
Criminal Court at the trial of Wesley Woodward
for the murder of Franklin H. Natf; reported the
case for the Daily Exchange. Muliy testified
on the trial that he was the corner of Lovely
Lane and Calvert streets before Naf was shot with
others, and that he sad "Ras, let's go to the
crib" some went down and met Naif bareheaded
when the party got around him, and the shot was
nreu; ne saw the Hash, but did not the pistol
did not know who fired and did not want to know
The State said they would examine no more wit
nesses at present.
The counsel for the defence then called GEORGE p
Name, who was sworn The warrants upon which
Gade and Mully were arrested were issued upon
the oath OF witness; witness qualified before the
magistrate m that information had been lodged with
MIN that Mully present at the time of the shoot
ing, saw the murder, and withheld his testimony |
regarding the transaction, and was party to the
crime; does not know what was the exact oath ad-
by the magistrate issuing the warrants
Daniel Broderick, called by State, sworn.-This
witness repeated his testimony heretofore published
ln the trlal OF oodward and the case of Lew
W witness saw Mully in the lane, when the spree
occurred between Woodward and Naf saw three
men hrst and heard one say, "ets make sure of one
son of b-h;" Muy came up afterwards: wit
ness was struck with club by Miller and fired at
as he ran from the alley; was not about when Naff
was shot.
By Judge Bartol-Did not see Gade tbara. kro,, |
Gade. nav"
William StapIeford sworn-Witness was in Love-
y lane when Naff was shot; was a police officer:
before this saw party come out of Holiday street
cross over from The Exchange corner and cross to.
wards Mrs. Kennedy's one stopped and looked in
Ine WINDOW; they wentalong and turned into Love-
y lane; lew minutes afterwards heard shots fred
ana ran into the lane; met private watchman AL
EN-, and witness asked him who fired the shots.
1idn,t know; went up the lane and saw Miller and
asked him who fired the Shots Miller said that Pet |
~ Naf and his crowd had fired into them twice. |
Miller took off his cap and whrling it on his hand
laid they had put ball into it; Just then heard the
exclamation in Calvert street, "oh you s-n of a |
o-h;' ran into Calvert street and saw spree on
Browns corner; saw Morgan and another officer
mere and went back; saw no one in the lane and
tarted towards South street for INV own
beat; when passing the small alley to-.
wards South street heard some one saw.
ola man, go get my hat, its up the