The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1860-01-18

this case, which he thought at this time should be
read to the Court, and he then read as follows:
! BALTIMORE Cry JAIL, January l3, 1860.
To Hon. Henry Stump:
Having been informed that there was several
gentleman claiming to be counsle for me, and that
there great dissatisfaction among them,
which think is uncalled for, hope you will par
don me for asking you do me the favour to state,
the following in open court to day. by so doing
you will confer a favor a Humble prisoner.
| Y our obedent servant,
MAJOR X Peterson, col.
| mark.
| thereby authorize
| F. DOUGLAS HAMBLEToN esq.
| Mr.. GLEASON and
| WIN. A. FISHER
| To appear for counsle and no one else.
| his
MAJOR x Peterson, col.
| mark.
Witness, S. L. ATKINSON,
| Deputy Warden BALTIC. City Jail.
After the reading of the above, there was consd-
cradle laughter in the courtroom.
| Court-Now, Mr.. Mclean, what do you say2
Mr. McLean-If had known that, sir, would
have withdrawn long ago.
| Mr. Whitney-Mr. Mclean retires.
Court-Then strike his name out.
Mr.. Whitney-Now, Mr.. Gleason, are you ready
to go on?
Mr. Gleason said he was not ready now He did
| not know Mr.. Hambleton or Mr.. Fisher were
| in the case. He had two witnesses in Somer
set county to summon, and as the harbor closed
| he would pray the Court to postpone it until the
middle of February.
Mr.. Whitney then proposed to fix next Monday
for the trial. and said if counsel would make affida
Wit of what the absent witnesses would prove, per-
| haps the State would admit it.
After some conversation between the counsel and
| the Court, the set for trial on next Mon
| day week.
The case of John Leinhardt and James Dugan,
indicted for setting fire to the Union Engine House,
was then called. Counsel for the defence were not
| ready.
Mr.. Whitney remarked that he no ch ance
of trying anybody, unless some one desires to be
| tried.
| The case was subsequently set for Thursday
| The of George P. Harlan, charged with
burglary, was fixed for next Monday morning.
| Several cases were afterwards set down for this
week, BY arrangement of counsel.
Mr.. Whitney asked the Court what action it
would take on those cases, where the counsel were
engaged at Annapolis, as the case of Coulson and
Burke and Eaton.
Court-Well, | declare, | don't know don't
know what to do
Mr.. Whitney-Let them lay over until counsel
come in.
Mr.. J. B. Wilson then stated to the Court that
he wanted to offer bail in the of Sarah Mercer
witness confined in jail in the of Thomas
Hoffman. He could get the bail but the party who
was to be offered was so engaged that he could not
come up until after o'clock. He asked the Court
| to pass order allowing the bail to be taken in
the Clerks office.
Mr.. Whitney objected to the bail being taken in
the Clerks office; the Court he said, had decided
| that the bail could not be taken unless in open
Court. The woman most important witness,
and the principal witness on the part of the State
He understood she did not wish to be released; she
was afraid of personal injury.
The Court said the bail must be given in open
| Court
The case of Alexander Gale, (negro, indicted for
murder, was set down for next Tuesday.
| The Grand Jury found several bills for larceny.
| The Court, at II o'clock adj 'urned until this
| morning at 10 o'clock.
Court OF COMMON PLEAs.-Hon. VIM. h. Mar
| shall, Judge.
| The following occupied Yesterday:
Mrs S. Odendhall and Charles Marshall VS.. F..
W.. kerchner. An appeal from Justice Myers
Judgment reversed.
r. Krouse Co. VS.. Spandower. An appeal
from Justice Mckinley. Judgment reversed.
| Assignment for to-day 161 to 1874.
SUPERIOR CoURT.-Hon. R. N. Martin, Judge
| The following occupied yesterday:
Elisha Wartord and others Richard Colvin
| Warford. An action of ejectment under the will
of the late Rachel Colvin. Before reported. Mr..
| Schey concluded his argument on the part of the
| defendant, and was followed by the Hon. Reverdy
johnson on the same side, who had not concluded
| at the adjournment of the Court. VIM. Price,
| Esq, will make the concluding argument for the
| defendant, when the case will be given to the
| jury.
| UNITED STATES CIRCUIr CoURT.-Hon. VIM. Fell
Giles, Judge. The following occupied yesterday:
Isaac NJ. Singer and William Clark ps William
| o. dlmeSley, agent OF LaQd, w eDSter ~ Co. BE-
fore reported Examination of witnesses the part
| of the defendant continued.
CIRcUIT Court FOR BALTIMORE CTY.-Hon. VIM.
| George Krebs Judge.
| Nothing done yesterday.
CIRCUIT CoURr FOR BALTIMORE CoUNTY.-Before
Hon. Judge Price.
TowsoNTowN, Jan. II, 1860.
Richard j. Cuttings, Esq, Attorney for the State,
! prosecuting.
The jury in the case of the State u.s. Charles
Reilly, tried Saturday last for the larceny of a
quantity of dry goods, the property of Hurst Co.,
returned sealed verdict this morning of "guilty."
A motion for new trial was filed.
The same jury in the case of the State Charles
Kelley, for assaulting Hugh Dutfey with intent to
kill rendered a verdict of "not guilty"
State Us. VIM. Louis Schley, indicted for assault
ing H. c. Geatty. Tried before the Court and fined
| $40 and costs.
The civil docket was further postponed until
Monday next, and the Court remarked it was not
certain whether it could be taken up then.
Geo. NJ. Fretwell pleaded guilty to selling liquor
without license Fined $50 and costs, and in de.
fault of payment sent to jail
Daniel drummer pleaded guilty to selling liquor
on Sunday. Fined $50 and costs Total S2S.l5
State Us. VIM. johnson, indicted for assaulting
John Gettis with a chilly" Tried before the
Court and sent to Jail for thirty days
John Kimmill, indicted for keeping disordery
house, was held to bail in the sum of $500, Antoine
Bass, of the city, becoming his bondsman.
The cases of the State rs. VIM. Castle (negro),
for assault and battery, and Henry Pruett for as
sault with intent to murder, assigned for tria
on Friday next.
State Us. Mary Waters (now Mary Davis,) in
dicted for selling liquor on the Sabbath. Tried be-
fore the Court and fined $50 and costs.
State u.s. Edward Murphy, indicted for the mur
der of Samuel Patterson, alleged to have been com
mitted in the city of Baltimore the l4th of Feb
ruary, 1859, by stabbing.
The prisoner, young man, was placed at thu
bar, and the following gentlemen jurors
to try the case viz: Daniel Mackinson, William
Houseman, j. David McCubbin Luke 7. Ensor
Henry NJ. Fitch, Levi Kesler, Thomas Elliott, VIM
T. Slade, VIM. II. Watkins, Abraham Biddison
John H. Butler and John Vanhorn.
The jury was then charged by the Clerk and tht
States officer read from Wharton on Crime, anc
the Acts of the General Assembly, &C., bearing or
MURDER and explained to the jury what constitute
murder The following evidence was then elicitec
in the case:
George Shatfer, sworn.-Was we'll acquainted
with both Patterson and the prisoner; present
the corner of Bond and Jefferson streets when the
murder took place, it was about dark; witness was
standing about five six feet from the corner, talk
ing with Patterson; witness brother and six other
were in company; saw the prisoner come up; wheI
he up he struck at witness brother with
'sbilly," then saw something gttering in tn
, prisoners hand Patterson walked off and the priso
followed, at the time asking Patterson fo
his knife: Patterson replied he had cut him, and h.
would not give him the knife witness saw the bloo'
on Patersons shirt; the prisoner said to Patterson
"Sam, if | have cut you, cut me back" Patterson
replied, "No, Pm friend of yours. and don't wan
to-" Patterson then asked witness and others tt
take him to the apothecarys; they started, but be
fore they reached the drug store Patterson fell
they told him to get up and walk; he replied, 81
; cannot;' witness and others then took him home
and put him to bed, where he remained for one
week-the next Monday-and died. when the prs
oner came up to Patterson he with considerable
force, plunged the knife into Patterson; the
was about one and fourth inch in length; when tn
prisoner asked Patterson for the knife and Patter
son refused to give it to him, he called Patterson
s-n of b-h; the prisoner was alone, and appeared
to be intoxicated.
By the defence.-Patterson resided on the corne
of May and Canal streets, and the prisoner in HOl
Inns street. they had been in the habit of going to
gether for some time previous; the party standing
! on the were henry Mttendorf Fredericl
4 Shaffer, Edward Ruiney, witness and others; frs
thought the knife was aleather-covered billy. bu
when witness saw it glitter, knew it was a knife
> afterwards saw the knife; it was either dirk o
bowie-knfe, end must have been carried in aleathe
sheath, for when the prisoner struck at witness
brother it looked like leather, and witness took
to be billy; did not hear the prisoner say to Pat
terson al know you friend of mine, and
would not hurt you for the world"
Ferdinand Shaffer, ,sworn-Wa present when Pal
| terson was stabbed; standing about five fee
l. from the corner of Canal and jeff erson streets; th
+ prisoner came up staggering and halloaing ''ho
/ no p and made strike at witness with what h
took to be billy; something flew off of it, and wi
ness saw it glitter; the prisoner made another strk
!, at witness and witness jumped out of the way th
prisoner then walked up to Patterson and made
e plunge at him; Patterson wrenched the kni
l. out of the prisoners hand and put it in b