The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1860-11-05
Ia w INTELLIGENCE.
CRIMINAL CoURT.-JUDGE BOND.

who was tried before the Court on Thursday for the
murder of Franklin H. Naf, was placed at the bar,
when the Court proceeded to pass judgment on
the case as follows: Conference.-The Court has
considered the evidence in this cause with the care
the Importance of the issue demands, and will now
state the result of its deliberations. 1t clear from
the testimony that Naff received the wound, from
which he died, in Lovely lane on the night of the
26th of December, 1859. There had at a short Pc
riod before this event, been fracas in the lane
which he and his friends had engaged, with others
mentioned by the witnesses and it is equally clear
from the evidence that it not in this affrav that
though then severely beaten received his mort
| wound. From the testimony of officer Staple
ford. whose testimony is clear, it is certain that
| Natfwas mortaly wounded by one of three who
| passed down the alley some time subsequent to the
first encounter, alone.-It is also proven that the
prisoner at the bar, together with number of other
| persons, spectators, friends of the deceased and
others, assaants of Naf's party present at the
mouth OF Lovely lane and in the lane on the eve
ming of the murder. The State charges him with
the crime. To support the charge the State has
examined in all twenty-five witnesses, of whom
ten were actually present at the shooting. or ran to
| the spot within few moments after the firing of
| the fatal shot, All of these witnesses state that
| they knew the prisoner each of them declares he
| did not recognize Levy of the three men
VINO committed the crime, while officer Stapleford
who was nearest deceased at the time of his mur-
der declares he distinctly the three persons ap-
| proach Nat, one of whom, "Miler" he did recog-
nlze, but states that Levy not of them, and
| Mr.. Duhurs who the three men leave the
alley, the width ofSouth street intervening declares
he recognized two of them, but that Levy was not
the other- The State. however, is not con-
fined to the testimony of these witnesses alone;
two other witnesses, Levi Hoffman and Befelt, the
barkeeper of Hoffman, both state that Levy con
fessed to them the murder Befedt states that
about IL II o'clock A. M. the next day after the
murder Levy stated publicly to the crowd in the
bar room of Hoffman in a jocose way that he shot
Naf.-Hotfman states that Levy confessed the
fact of the murder to him alone on the pavement of
HOtfmaQ'S taverD-Ihp nj
Is not entitled to much weight unless corroborated
by circumstances and confirmed by that of Hoff-
man--There is no way to contradict or corrOb-
crate the testimony OF a witness swearing to a
private conversation except by testing its accu-
racy as to accompanying incidents and facts
Hoffman states first that he started from his bar
room in company with Levy and five others to
Lovely lane-officers Stapeford and Shock, stand
ing at the corner of Baltimore and South streets
saw the party pass and both say that Levy was not
among them, while witness for defence, Howard
Smith, standing at the corner of Baltimore and
Holiday streets, confirms the statement of the off,
GERS. Hoffman states that after the firing he went
out of the lane alone, while Shock states he came
with two others. Hoffman states that at the "Sp''
building he met friend, conversed with him a mo-
ment and then crossed to the "Eccanhqe' corner
and thence to Holiday street, having first prevent
ed Bangs from further assaulting Shock The
same officer states that the three went down on the
south or Baltimore street few steps, returned,
one OF them dealt him murderous blow, and Holf-
man stood by and said nothing, and he pursued
them down the Sonth side of Baltimore street to
Holiday. The manner of the shooting confessed bv
Levy to Hoffman, is contradicted bg all the States
witnesses who saw it. While at the time
the confession was made-which was, as Hoffman
states after all excitement had cooled down created
by this murder0us afray-it is plain from the
States testimony Levy must have been at Coleman
Rogers. From these facts, | am led to the con-
clusion this witness is not entitled credit There
is another view of the case-that Levy was present
aiding and abetting. To this point, there is not a
States he in fha
first afray. He was seen at the corner of Lovely
lane and Calvert street. in crowd, by an officer,
but the officer says expressly, the crowd doing
nothing, while the witness Reilly, saw him at Elvs
tavern and at the door of the house of ill-fame,
fifteen minutes preceding the murder. None of
Nafs friends charge the prisoner with being in the
crowd committing the assault. All the evidence
before me to this last pont-the presence of Levy
at the time of the assaut-was before one of the
Judges of the Court of Appeals in the habeas cor
pus case, and | agree with him, in his OPT
MON, that it does not show the guilt of this
party charged or his participation in the crime
The State must make out clear case, free from all
reasonable doubt. No candid mind can come to
the conclusion she has done so in this case; every
witness she has examined, with the exception of
two-Beteldt aud Hofman-negative the charge
L have examined the matter carefully, and must di
rect verdict of not guilty to be entered and the
prisoner discharged. Mr.. Ing then moved for
LeVys discharge. In reply to the Court the clerk sta
ted that no other indictments were pending against
the prisoner, and he was accordingly discharged
Thomas Hurley, charged with selling liquor on
Sunday, was admitted to bail in the of $500
Mr. CARING, bondsman.-Henry Rose, Indicted
for selling liquor on election day, was admitted to
bail in the sum of S500-George Wertof, bonds
man.-Nicholas Winter indicted for bastardy
gave bail in S500-Nicholas Becker bondsman-
James Hagan, indicted for selling liquor on Sun
day, gave bail in S500-Patrick Preston, bondsman.
In the case of Michael Braden, indicted Jointly
with John Baskets, for assaulting with intent to kill
John Kavino alias Jocko; bail was fixed at So OOO
State Us. Gerald Fitzgerald, charged with as
saulting Mary Wad. Case stetted, prosecrutrix
not appearing.-State as. Thomas Green, charged
with assaulting John Anderson. Fined 25 cents
and costs.-State John Walters, charged
with assaulting Henry Emmart. Fined twenty
cents and costs.---State u.s. Charles Cron-
hart charged with assaultng Ezekiel Roberg
Not guilty. Prosecutor to pay COSTS
State US. Fraz Schweiger, charged with resist
ing and assaultng, with an axe, officers Mills and
Wilson, while attempting to arrest him. Guilty.
Fined 81 and costs and imprisoned six months
State vs. Lemuel Y erby, charged with obscenelv
exposing his person. Fined S25 and costs-State
rs. Adam Finder, indicted for attempting to vote
illegally at the second precinct of the Twentieth
ward. Before reported. The Court heard further
testimony for the defence. Mr.. Stansbury, one of
judges, testified to the fact of Finder attempting
to vote; he did not consider the man responsible
agent; never thought he had good sense, and so
stated when they were about to arrest him. he de-
sired the officers to let him CO. Adjudged not
guilty.-Mauritz Preitzheim, three indictments
for selling white beer Sunday, gave bail in $500
III eacu cdse--Ine Urand lndlcted Michael
Moan for perjury, in swearing in Court to owning
property when it was mortgaged.-The Grand
Jury was discharged until Thursday morning.
The Court adjourned at l2@ o'clock.
COURT OF COMMON PLEAs-JuDGE MARSHALL
George McGlone as. John S. Cuttings Action
for grading, alleged to have been done at instance
of defendant. Verdict for defendant.-George
Gale Us. William McCann. An action to recover
the value of horse, alleged by the defendant not
to have come up to the guaranty given. Not con-
cluded.
New jury FOR COURT OF COMMON PLEAs.-The
following jury has been summoned by Sheriff Dut-
ton, having been drawn according to law, to serve
for M the second three weeks of the September Term
Charles Dunlap, r. d. Long, Frederick B. Graft,
John G. Holstein, E. r. Horner, David Creamer,
Fl. P. Hiss, Gersham Broadbent, William NJ. Sper-
ry, Peter X. Levering, j. II. Durand, Thomas Dem
ny, John B. Roberts, Alexander Murdoch, c. C.
Hyatt, John McGowan, H. E. Huber, Alexander
Mccoy, Milo Lewis, c. E. Cushing, Daniel Holli-
day, Robert Hickey, J. Holiday Stone, James
Whiteford, William r. Hodges
SUPERIOR CoURT-Judge Martin-and UNITED
STATES DIsTRIor CoURT-Judge Giles-were en-
gagged in naturalizing parties on Saturday.
ANNE ARUNDEL COUNTY CoURT-JuDGE BREWER.
h.-,-. o