The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1860-05-23
Ia w INTELLIGENCE
CRIMINAL COURT-JUpGE RoNp.

CRIMINAL COURT-JUDGE BOND
State Wesley Woodward, indicted jointly
with Robert Miller for the murder of Franklin H.
Naff, by shooting him, on the 26th Of December
last, with pistol, the left side of the breast,
creating mortal wound, from the effects of which
he died on the 18th ult. severance of the in
dictment granted by the Court at the last
term, upon the representation of the respective
counsel that the defence of one would prejudice the
case of the other. The State elected to try Wes-
ley Woodward first Il. c. Barry and r. Stockett
Matthews, Esqrs., for the defence. The following
jurors, after being sworn on their voir Dire were
selected from the regulur panel: John B. Stod-
dard, Adolphus IL. Miller, L. r. Burnetson, Sam
ue Butler, James d. johnson, George S. Roy.
Alex. F. Riach Sixteen challenges were remain
ing for the prisoner and the Court ordered Uenire
for thirty talesmen. The talesmen were brought
in and the following jurors selected, which
completed the panel: Henry E. White, John r..
Davis, Thomas G. Elliott William H. Stagmeyer,
Samuel Jackson. The jury was then charged in
due form by the Clerk. The States Attorney
made the opening address to the jury, explain
ing the different grades of murder and what
facts the State expected to prove, from which
facts the State would ask conviction of murder
in the first degree. He was followed by r. G..
Barry, Esq, on the part of the defence
The State then adduced the following testimony:
Professor Baxley was first sworn. He related the
circumstances connected with his attendance upon
the deceased, his condition. and also the nature of
the wound which caused his death. This testi-
mony, taken before the Coroners jury, has already
been published in this paper. The Doctor, during
his examination, stated that on the night of the
shooting he told Naff that he did not think he
would live twenty-four hours; that he repeated the
same to the deceased the day after, and several
other occasions; Natf realized his situation; eau
tion ed him about the seriousness of his making any
statement without perfectly realizing his condition
BY the defence.-He never expressed himself to
with ess, that he thought he would recover from
the wound he acquiesced in the opinion of witness
as to his condition, both in manner and word BY
| hoIa G
ance he realized the situation in which he was
| placed. The State then offered to put in
| as evidence the declarations of Natt. made
| to witness, on several occasions. The de
| fence objected, the ground that the de-
ceased was not at the time conscious of an impend
| ing dissolution, but had hopes of recovery. The
| matter was fully argued before the Court. During
| the argument, DR.. Baxley again called to the
| stand, and in reply to a question by Mr.. Whitney,
stated that Naf received the last rites of the Ro
! man Catholic Church short time after receiving
the wound. The Court ruled the declarations made
to Doctor Baxley admssable.-Dr. Baxlev re-
! called.-0n the first night when witness informed
Naff that he did not believe he would live twenty
| four hours he told witness that he had been shot
| by Wesley Woodward, in Lovely lane between
Calvert and South streets; that he confronted
| by several persons, among whom was Woodward
| that Woodward caught him BY the collar, and said
| "Ive got you now, you know who am;" that he
| was then set upon by the party and beaten to the
| ground; that by an instinct OF self-preservation-
| Tor he was unconscious at the time-he made his
| escape towards South street; when he recovered
conscious ness, he discovered that he had lost his
| hat; that he went back to the place where the
| assault was first made, and said to those
| standing there, "I have come back for my
| hat, give me nv hat;" that Woodward stepped il
front of the others within three four feet of him
| and with drawn pistol in his hand shot him il
the side; that he made his way to Calvert street
| and from thence he taken by some persons tt
the drug store of Coleman Rogers; that while
| there W oodward came in and asked him what was
the matter; that he replied, 81 am shot, and yol
shot me-" the next day, witness again converseC
| with him the subject; told him of the solemnity
| of the occasion and of the caution necessary il
/ making such accusation, as it might involve tn
life of fellow-creature; he said that he was no
mistaken; he knew Woodward well, he was hi
neighbor and had his office about two doors from
bis home; had other conversations with him ant
his statements were always consistent with tn
above. Cross s-examined.-The ball entered at tn
tenth rib on the left side; passed downwards; tn
deceased might have been standing or stoor
ing; the deceased had never expressed
witness the idea of his recovery; no doubt h
wished all the time to recover; Naf did not mer
tion to witness any reply that Woodward made
him in Coleman's; Naff named several who wer
in the crowd, but witness only recollects the nam
| of Miller some weeks previous to his death, Ma
sank under dysentery and darrhea; short tim
after this attack, witness was taken sick, and th
deceased was ATTENDED by witness son, who r,
ported the progress of the case to witness while
bed subsequently he was attended by DR.. Bucklel
witness administered morphia and anodynes to d
ceased during the first ten days, to keep his bowe
in state of quietude principally; it was admin
tered in quarter-gran doses, not enough to distur
the mind.--By Mr.. Whitney.-When Naff mac
the first statement to witness morphia had bee
, taken; never gave him enough to disturb his mint
! 1.-THE Doctor here explicitly explained the cause
the dsrrbea AT this stage of the case, 1t belu
81 o'clock. the Court took recess for one hou
AFTERNOON SESSION.
: Court re-assembled at four O'clock States te
timony continued William Conway sworn.-
: Went with Naff and some friends night,o shoe
!; ing in Lovely lane, near Irving Hall; while stan
: ing there Wesley Woodward and Nicholas Man
+ came up; Woodward said, taking hold of Natf,
8 belong to the peace department, want you;" M
q replied, "What for, I've done nothing, go away;
/ | Broderick took hold of Woodward, and said
r him 60; when Naf said ''He's all right" the 9th