The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1860-03-27
Ia w ZWTELLTGENCE

CRIMINAL CoURT-Hon. Hugh Lennox Bond,
Judge. Milton Whitney, Esq, States Attorney,
prosecuting. The following occupied yesterday:
The first business was the call of the forfetures
of last weeks cases.
Isaac Potee, the States witness against Edward
McElden, indicted for assault with intent to kill
Potee, was brought in on an attachment In reply
to questions from the States Attorney POtee said
that the reason why he did not appear, because
his wife had prevailed on him not to prosecute the
case, McElden being his brother-n-law. The Court
fined Potee $40 and the costs of the attachment
Mr.. Whitney remarked to the Court, that, as the
case of Alexander Gale, (negro), charged with the
murder of James Evans, (negro), was fixed for to-
morrow, he would ask the counsel for Gale IT. J..
Rogers, Esq whether he intended to remove the
case.
Mr.. Rogers replied that he could not say at the
present time whether it would be removed or not;
when the case came up, he would announce his in
tentiOns.
The Court said that it wished the members of the
bar to distinctly understand that the trial of no
would be postponed in this Court for the reason
that counsel were trying removed cases in other
Courts.
State Us. Major Peterson (negro,) indicted for
the murder of Morris jackson, (negro) by striking
him on the right side of the head with a wooden
club, the offence alleged to have been committed
on the 10th day of November last. J. Douglas
Hambleton and W. F. Gleason, Esqrs., for the de-
fence.
The following jury selected from the regular
panel and twenty talesmen summoned by the Sher-
IN lhomas Plndle, Robert Z. j. w aters, James
Severe, John Street, Joseph H. Byers, Thomas
Sewell, Samuel Butler, Robert w. Allen, John w.
Hall, j. B. 7. Phelps, Joseph l.. Dorsey, Benjamin
Robbins.
The jury were then sworn and charged in due
form by the Clerk.
Mr.. Whitney stated to the Jury the circumstan-
ces the case-which were, that on the 10th day
of November, about 10 o'clock in the morning, the
prisoner at the bar and the deceased were at work
on board the schooner Zavalla, lying at Smiths
wharf; that some words passed between them, when
Peterson seized piece of scantling and struck
Jackson a violent blow over the head crushing the
skull; that Peterson then exclaimed, 81 have kill
ed one s-n of a b-h"; and gave a reason for
this act, that Jackson had called him s-n of a
BIB; that Jackson taken to the station house,
where he received medical attention; and that he
there died from the effects of the blow, at 81
O'Clock in the afternoon. Mr.. Whitney then fully
explained the different grades of murder-what
constituted murder in the first or second degree,
and what was manslaughter. If the State proved
the allegations in the indictment, he would ask for
a verdict of murder in the first degree
Mr.. Hambleton briefly stated to the ury that the
evidence would show such -provocation for the
blow, that the crime would not properly come un-
der the grade of murder in the first degree, which
required the element of malic aforethought and
premeditation to be shown
The State then called the following witnesses:
Charles IL. Pendergast, sworn-0n the morning
of the 10th of November went on board the schoon-
er Zavalla; two negroes were quarrelling forward
and neglecting their work; went to them and told
them not to quarrel but to go to work; these men
were Jackson and the prisoner; heard the prisoner
say that Jackson had called him s-n of b--h;
Jackson denied it; witness told them to remove a
screw; Jackson then took the screw and was put
ting it down the hatch; saw the prisoner pick up
the stick; witness turned moment to look down
the hatch and heard noise, and then saw jackson
fall at his feet witness asked the prisoner why he
did it, and he said Jackson had called him black
s-n of b-h; witness told Peterson he must not
leave the vessel; the prisoner went aft and got
some water for Of the hands to give to ackson;
the skull of Jackson was broken; there was no
bleeding except at the nose; a doctor was sent for
who pronounced the wound fatal; Jackson was re-
moved to the station-house, where witness saw his
dead body at about o'clGtk; Peterson was ar
rested by officer and taken to the station house;
he made no attempt to escape.
The cross-examination elected no new facts. |
Richard Bowley (negro), sworn.-Was working
on the wharf, at the lower end of Gay street, on
the morning in question:; had known the prisoner
about week. and Jackson about three years; had
been handing up grain to Jackson; at the time the
blow was struck sweeping up loose grain on |
deck; heard the prisoner say 81 have killed one
damned nigger on this wharf for calling me s-n
of b-h, and will kill you;' witness then straight |
ened up and looked at the prisoner; the prisoner
then picked up stick and went towards Jackson, |
who was coming from another part of the vessel |
with his head little downwards and struck the |
deceased over the head with the stick-Ta piece of |
scantling nearly six feet long, and about three |
inches square at one end, was shown to the wit
ness witness thinks that is the stick; the prisoner
held the stick in both hands, witness was standing
near the fore-mast at the time, and did not know
the men were quarreling until he heard the remark
of Peterson; did not hear Jackson say ANYTHING to
the prisoner. -.
The cross-examination brought out nothing new.
Officer Alexander Rutherford, sworn.-Was called
to the vessel by the street, who said there
was fuss there; went on board and was told that
Peterson had struck the deceased, who was lying
on the deck; arrested the prisoner and took him to
the station house; while going up Gay street witness
asked him why on earth he had struck the man
such blow; prisoner replied that because he had
called him black s-n of b-h; witness took the
club to the statiOnhouse also; the piece of scant-
ing was shown; that is the club witness went back
to the wharf and met officer Allen bringing the
man to the station-house in wagon; he
was laid in a room and DR.. Ieates sent for, who
operated upon him; saw the wound; the skull was
Ill mashed in; the man never said anything think
he died in about two hours.
DIR. Brooks, sworn.-Was at the station-house
ome months ago, and saw negro man who had
)een struck over the head the bones of the head
we're broken in pieces, and driven into the brain;
Dr.. Yeates had removed some of the pieces and
elieved the breathing the man was never con-
cious; the wound was evidently the cause of death;
ever heard or read of any person living with such
wound.
The State here rested its case.
Charles III. Pendergast, recalled by defence
he prisoner might have made of the express
ion testified to by Bowley, and witness not have |
card it; did not hear such an observation.
Mr.. Hambleton here stated that the defence
ad only one witness, and he could not be pro-
ured ID
The case was fully and elaborately argued before
ne jury by the States Attorney and the counsel for
he defence, who contended that the evidence did
OF go to show that the act committed with {
nat premeditation and malice which the law re-
uired to constitute murder in the first degree; q
lat it was done when the passions of the prisoner
ere aroused by the epithets applied to him by
,e deceased, and that considering these circum- a
ances, the jury ought not to render any other
srdict than that of mansaughter. 7E8
Mr.. Whitney made the closing argument and Z
lie Indictment was handed to the jury at quarter s.
lst six o'clock, who asked half hour to delibe-
tie. They then retired to their room. The Court, II
lring the argument of counsel, took recess for o
ree-quarters of anhour
While the jury were out the Court inquired of o.
r. Rogers whether he mad concluded to remove II
e case of Alex. Gale, NEGRO, charged with mur-
II, which was referred to in the morning. a,