The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1860-10-03

gutter Lewis got on top OF witness; suppose Irons
| was in the house just at that times witness had
| turned Lewis when Irons came out of the house
| with the gun; witness former wife was standing
| on the pavement, and cried out to Lewis to kill
witness; in going to Mr.. Irons met a Young man
| named William Hopkins. and asked him to accom-
! pany him to lrons told Hopkins he wanted to have
| an explanation: know Charles Horney; never
threatened to kill Irons before him; have threat
! ened my former wife, and also Hornev have car
rled pistols for them; never threatened Mr.. Irons
| before Charles Montague, Henry Durkee, Mr. Sta
! pieiord or Mr.. Freeberger; never had Mr.. Irons
! bound over; never told Mr.. Sapp that he had Mr.
! irons where he wanted him; did not hear Kirby or
John cry ont-You've got him now, give it to him.
| by Mr.. Whitney Witness had friendly feel
ings towards all of the Ironses except his
former wife, has made threats against
| her and Horney carried a pistol for
| Horney, and would have used it if had met him.
| james ii. Kirby, swOrn.-On the day of this
| occurrence, witness boarded with William WITT;
| on the afternoon went to the store with our work:
| met John Witt; went out Lombard street; met
! William Hopkins; witness and John went on to
! Chester street; William Witt stopped to talk to
! Hopkins; afterwards he came up and went over to
| Mr.. Irons; witness and John remained on Lombard
street for time and started for Irons house:
| heard a rumpus; went to Mr. Irons house and
| there saw two men on the ground, one of these
| men was William Witt; went up and tried to pull
them apart; witness called on Robert Irons to part
| them; Just then saw man in his shirt sleeves
| come out OF the house with a gun and
| level it; witness commenced to retreat and told
turned his head as he retreaed, and John Witt
turned round to look at his brother, when the gun
was fired; John said 81 am dead" and fell on his
tace; the man with gun when he came ont, said.
ou sons OF BIS I'll make you leave witness, after
John shot, led him towards the fence, when he
fell on his face; Irons still came towards witness.
and exclaimed, that he would make the of
b--s leave; witness retreated, but came back,
when Mr.. Irons fired at William Witt; witness
turned John over and found that he was dead did
not Know the man at the time who fired
the gun, as witness eye-sight is very bad; it
was near eight O'Clock when witness was there.-
Office" Moore, sworn-Was in Chester street. near
Pratt when witness heard the voices of if in
scuilie witness started to run, and went far
ChoptanE, when heard the voices again; started to-
wards the house, and heard gun fired; when wit
ness got to the fence the second gun was fred Mr.
Irons fired it at VIM. Witt; he was about thirty
yards oil; William was in the middle of the road
witness won't be positive how Mr.. Irons was dress
ed, thinks he had his coat on; about minute and a
half interviewed between the two discharges Irons
standing in front OF his door when he fired; he
did not raise the gun to his shoulder, he brought it
about up to his hip.
The Court al O'Clock took a recess for one hour
On the reassembling of the Court, Mr.. Whitney
remark that the State would rest, except to rebut
Mr.. Kraft, on the part of the defence, went into
statement Of what they expected to prove in ex-
enuatiOn of the deed committed by Emanuel Irons
The following witnesses were then examined on the
part Of the defence :--H0bert Irons swnrn-Am
the brother of the prisoner; was present at the
house of Mr.. Irons on the night Of the shooing it
was between / and o'clock when William Witt
came to Mr.. Irons house; witness and son were
sitting on the pavement in front of the house, Emap-
uel had Just come home from riding; Witt came to
the corner Of the fence and called Irons; witness
asked if he wanted him, and he said No; Witt
then said he wanted Emanuel; Emanuel went to
Nltz and said, 81 don't want everything heard
out here between us, come in:' the two went down
the yard; witness then heard them talking, and
heard Witt calling his wife all the id wh-es he
could lay his tongue to; they then came up towards
the arbor where witness was sitting; Emanuel said,
care YOU never going to let me up?'' Emanuel
told Witt that he had poisoned him. Witt denied
it; Emanuel called him liar, when Witt knocked
him down; witness son then came up to Witt and
said, "1ou shant hurt him." witness son and
William Witt then got into fight; Witt
was knocked down, and they were both on
the ground, when John Witt, Kirby and
another man came up; William Witt sad 'aint
| got any friends" John Witt said, "now YOU We
got him, give it to him. when they came up; but
when they saw twas not Emanuel whom WITT was
fighting, they asked witneSsto part them; Emanuel
had gone into the house then, and afterwards came
out with the gun and fred he did not raise the gun
to his shoulder; he was not able to do it; he was
cripple. and is crippled now he has been paralvzed:
witness knows that Emanuel was in dread of VIM.
WITT; witness has seen Witt lurking about Irons
house on many occasions, in the day and night
time and had told him for Christ's sake to 90
away, knowing that Emanuel was in dread
OF him, and knowing the crippled condition
of manuel.-Testimony to show that Irons ALWAYS
labored under the belief that William Witz had
poisoned him, here desired to be introduced by
the defence Objected to by the State Objection
sustained Crose-oxamined by Mr. Whitney,
Was examined before the cOr6ners jury; some cir
cumstances witness neglected to tell at that time
which he recoected after that; witness did not see
the first shot fired; Emanuel with the gun;
John WitZ asked witness to part William and Lewis
Irons Emanuel was driving when he went out
riding.--By Mr. Harrs.-Emanuels horse is |
very gentle; in driving he wraps the reins around
his hands.--By Mr. Whitnev.-Did not saw a
hat hn
could have stopped the affray.--Dr. In
loes, swOrn-llave been Mr.. Irons physician
for eighteen months in the spring he was taken
with severe attack of rheumatism, which was
followed by symptoms of paralysis; he suffered
greatly, hardly knowing nights rest for long
time; his eXtremeties were perfectly hepless-hs
arms and legs being in cold state, if asleep: his
suiterings were calculated to make him irritabIe
his nervous system was especially affected; in the
state of his and hands, under the paralysis /
be would not have been able to feel the touch |
of a trigger, to know if he pulled it. and
would not have been able to point a gun
in direct line; he drove his horse by tv-
ing the rens around his hands and arm.-
BY Mr.. Whitney.-Don't think he could have
pitched quoits he might have held them and got /
the power from the shoulder and tossed them in n I
bungling way.--Chares Horney, sworn-know
William Witt; he has threatened bodily harm Of
ten to Mr.. lrons he has told witness that Irons was
the cause of all his troubles, and he would settle /
the s-n of a b-h whenever he got chances /
witness communicated this to Mr.. Irons this was /
March lst when Witt was arrested on the CHARGE
of having poisoned Mr.. Irons family: witness met
Mr.. Irons the Point watch-house; Irons told |
witness then that he came down to get Witt Sc !
cured; that he was in danger his liIe that Witt
had been about his house with rifle; that he |
would pay for officer to guard his house if the
captain could not send one; that his house might !
be set on fire. and in his condition he might be .
burnt up Irons then walking on crutches; /
Witt had always been friendly towards witness; he
met Witt often.-By Mr.. Whitney-Witness had |
not spoken to William Witt for six months before
the shooting; not since the poisoning; Witt |
made then threats five or six occasions /
but. he only communicated it to Irons once.-
Alfred Stapeiord, sw0rn-[ Testified to threats of
WITT against prisoner. -Thomas w. Griffin. |
sworn-Am a magistrate think that William Witt
was not bound over by Emanuel Irons; he was
bound over by his wife; witness took a deposition
from Mr.. Irons, in which he stated that he was in
fear of his life from VIM. Witz, and wanted him |
put under security to keep the peace.-John
Hammond, sworn-[Gave testimony which was
afterwards ruled out. William Sapp, sworn
Know Wm. Witt; sitting in Lombard after the
shooting; witness asked Witt, who came along at
the time, how his brother was Witt replied he was
dead and that he had the id scoundrel fixed
where he wanted him; he meant Mr.. Irons.-Wm |
King, sworn-know William WITT; his reputation
is not very good; would not like to believe him on
oath.-By Mr.. Whitney-Have lived in his
neighborhood, when Witt lived at Mr.. Irons; don't
know where he lives now; never heard any good
spoken Of him; can't give the name of one person
who has spoken of him; heard him spoken of gene
rally.--ln consequence of some of the witnesses
for the defence not being present, account of
mistake in the date of the subpOenas the Court
compelled to diourn at o'clock.--The jury were
kept together.
SUPERIOR COURT-IUDGE MARTIN
Charles W. Nogleman rs. Henry knell. Removed
to Baltimore county on affidavit of defendant.-
Eichelberger Us. Miller. Before reported. Yer
dict for defendant-George NJ Lanman, Isaac
Eckert and j. Hall Pleasants rs. VIM. F. Dalrym-
pie. Action contract. On trial. Bro wn
and Brown, Reverdy johnson Jr., and I. S. Alex !
ander for plaintiffs; r.. j. Brent, Norris and Dob
bin for defendant.--Assgnment for to-day 2lS to
$50 inclusive.
CITY CIRCUIT COURT-JUDGE KREBS.
Barro committee of Christopher Hoffman, lu-
matte, as. George d. Stein. Exceptions to Audi
tors accounts. Bond and kilbOurn for complain
ant; Frck for defendant
U. S. DISTRICT COURT.-JupGE GILES.
William E. Pearse and Charles Sinnickson rs.
The Baltimore and Ohio Railroad Company. Appli-
cation for injunction to restrain defendants from
the further payment of the extra Dividend"
The argument on the part of the petitioners was
commenced by Nelson Poe, Esq, who had not con-
cluded at the adjournment of the Court.
COURT OF COMMON PLEAS-JUnGE MARSHALL
Christian CLAM Elizabeth McKew. An ap-
peal from Justice Myers Judgment reversed-
Charles W. Rea Josiah Cobb. An appeal from
Hayward. Judgment affirmed. Henry Winston
State An appeal from Justice Whalen. Judg-
ment reversed.
BALTIMORE COUNTY CoURT-JUDGE PRICE.
TowsoNTowN, October 2, l660.-The jury in the
case of John S. McKim The Mayor and City
Council of Baltimore, for 100000 as damages,
sustained by the alleged OvertloWinG of certain lots