The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1860-11-12
la w WI,ELLIGENCE.
CRIMINAL. COuRT

of the State as. VIM. Lynch indicted for murder,
replied that he had issued subpoena for witness
at the request of Marshal Kane.-The Court said
that, in cases pending in this Court, Justice OF
the Peace had no right to summon witnesses. Par
ties so summoned might be in Court, and their
not being on the docket, neither the Court
ledge of them; and if, perchance, they were
not examined then a general complaint
would likely be made that the whole testimony
in the cause was not brought out In the case in
question, the witness had made himself known to
the States officer by his own voluntary act other
wise he would never have been examined. The
clerk of the Court is the proper person to issue
su6p@nas for witnesses and the sheriff is the officer
to bring them in Justice Hiss replied that he pre-
sumed the Marshal was going to bring the witness
in and inform the States Attorney, as had been
done before in other cases, and asked the Court if
he was to understand that he had no right to sum-
mon witnesses.-The Court said Justice had no
right to summon witnesses in to be tried
before the Court. If magistrate was in posses
sion OF the name of any witness, it could be handed
to the Clerk, who would issue the proper ubp9na,
and the Sheriff would summon the party; then the
name would appear upon the docket of the Court,
and the evidence of the witness produced upon the
trial.-State Us. VIM. Bergen, charged with as
sauting Deputy Sheriff john S. Pointer. This af
fair occurred on last Monday afternoon, in front of
Barnum's Hotel. The evidence for the State was
that Bergen, on the afternoon in question, was in
Court House lane, rather tight, wanting to fight
everybody, and hallooing for Breckinridge; some
OF the Sheriff's officers came into the lane, when
Bergen halloed at them he was told to 90 away
and as the deputies passed on Bergen followed
them, until they got in front of Henderson's shoe
store, when Bergen cried out to them, 40, you and
MIR. Swami are played out" Mr.. Wm. Baer said to
Bergen, ''Go along-dont make any fuss here
you've followed US from the Court House already;'
Bergen again hurraheG for Breckenridge and said,
"any man who voted for Bell and Everett was
id son of b--h;" Pointer here said,
laTing his hand on Bergen's shoulder, "My
frian1 I fnr nd but
s-n Of a b-h;" Bergen then seized Pointer by the
throat, who, in return, grabbed Bergen; they both
choked each other, but it appears Pointer was the
better choker of the two, his choking made Ber-
gen black in the face; several persons got around,
and there was considerable pulling and pushing in
the crowd, when they were separated; officer Smith
then came up and took Bergen to the watch house.
THE defence was, that Pointer first assaulted Ber-
gen, by laying violent hands upon him and choking
him; and also, that Bergen left the lane alone
and was followed to Barnum's corner by Baer and
Pointer, when they stopped to address Bergen, and
then tn the difficulty commenced. Adjudge guilty.
Fined 81 and costs.-State Us. Jacob Burton alias
Buttons, charged with dsorderly conduct, breaking
awindow in the house of Etha A. Nolan, and assault
ing and resisting officer McCurdy in the discharge
OF his duty. Buttons was drunk and disorderly
on the day before the election, when the officer ar
rested him. Buttons held on to an awning post,
struck and kicked the officer; he also pulled off his
cap-a Minute Man's-apd waving it about, said, !,
"that would protect him." He was Gagged. Ad-
JuuSSu SChly- 1lueu CIO anu COSIS--SIdIe CS.
VIM. H. Wolff, charged with attempting to strike
officer Moran with leaden-headed cane. This af-
fair occurred at the "Wide Awake headquarters,
corner of Gay and Fayette streets, on Monday af-
ternoOn. The officer went in to arrest a man
named A. C. Williams, who had assaulted another
with spittoon. Wolff was up stairs, and said the
officer could not arrest Williams without warrant,
at the same time raising his cane, but made at
tempt to strike. The officer was not present in
Court to be examined Adudged not guilty.
State Us. Julius Seifert, charged with assauting
VIM. Schafer. Not guity.-State Us. Patrick
Lee Lee, charged with aGsaultng his wife Catherine.
Compromised on payment of costs.-Stato rs.
Michael Rourk, charged with assaulting officer
Hughes and resisting him in the discharge of his
duty. Ordered to pay costs.-State as. VIM.
Crumbaugh, charged with assaulting VIM. Rich
ards. The prosecuting witness having left the
city, the case was dismissed.-State Is. John
Thompson, charged with assaulting Henry Fres1
ing. Compromised on payment of costs.--State
Louisa Thomas, (negress,) charged with
prisoned two weeks.-----State Us. Mi
chael Duly, charged with assaulting his
daughter Mary Duly. Fined 81 and costs-
State as. John Pedrich, charged with assaulting
Conrad Dochterman, in October 1859 Case dis.
missed by virtue of the statute of limitation
The following parties were arraigned: David Har-
rod (negro), indicted for stealing on the 4th of
March last one silver watch, one gold chain
pleaded not guty.-Mary Jones (negress)
indicted for the larceny on the 28th September OF
five live chickens one silk DRESS silk skirt and one
quilt, all valued at Sl2.25, belonging to Sophia
Murton, pleaded not guilty.-State vs. John Nc
Allister (magistrate) two indictments, one for
falsely imprisoning Mrs. Sarah Calvert, an aged
lady, and one for being drunk in his office and
with being unable at the time to discharge the
functions of magistrate. Both indictments grew
out of one circumstance, and they were tried to-
gether before the Court. Il. G. Barry, ESQ. for
the defence. Mrs. Calvert testified, that last sum.
mer she was warranted before Squire McAllister,
by j. Hitzelberger, for $780, for bill of paw
ing, and that the trial was ruled for the 5th day OF
July. On chat day she appeared at the office with
her witnesses, did also the plaintiff. Before the
plaintiffs witnesses came, she noticed that the
Squire drunk, and did not know what he was
about; he talked queer and simple he took out his
watch and handed it to her; she asked what that
for, and he said ''take it, told him. didn't
want his watch; he then got up and went out the
back door staggering, and when he came in, he
had to hold on to the chairs and desks to keep
himself up; he then after the witnesses came, went
on and gave Judgment against witness, although
witness and her friends wanted him to postpone it
because be was not in a condition to do any
business she appealed from the decision, and the
case went to Court, but afterwards settled
she afterwards went to Squire McAllister about
the costs of the case and he did not speak to her
right; she told him that he put her in mind OF
the unrighteous judge and the widow in the Scrip
lures, and he said he would commit witness for con
tempt of the Court, and he did send her to Jail
while witness was there the last time poor woman
came in crying, and asked him to give her the
money which was owing to her, and he told her to
go away, and she went away crying fit to break hel
heart.-Mr. Barry.-Did you call the Squire :
thief and coundrel?-Witness (holding up hel
hands and rolling her eyes up towards the ceiling
Lor bless my soul, Lor' mercy, l never said such
word.-Mr. VIM. WisoDg stated that he knew
nothing about the trial referred to; al
he knew was that he Mrs. Calvert il
JAIL and she seemed distressed; he thought
it was hard case; went after the Squire, anc
she was released about three O'Clock; she had beel
| committed at ten O'Clock, for twenty-four hours
| john Roach testified that he was at the trial
the defendant wanted it postponed; the Squire re
fused; said he knew his business; witness though
he was drunk; he was very stupid; did not seem t.
! know what he was abOut.-Stephen Gillespie tes
! tilted that he met Mrs. Calvert and her witnesse
leaving the Squire's office; they told him about tn
| case, and asked him to go on the appeal bond b
consented, and went into the office; the Squir
questioned him about his property; witness own
two farms worth from SIS, 900 to SIS 900; told tn
Squire so; he swore witness, and then didn't wan
to take him. after witness signed the Squire want
| ed another on the appeal bond thought he was s
drunk that he did not know what he was about
witness got another person to go on the bond, bu
| when they came back could not find the Squire; Mi
Williams, witness in the case, then looked for hir
IN all the grog shops about, but could not find hin
| One or two witnesses for the State being absen
! the Court heard the testimony for the defence r.
marking that the absentees could be brought in a
terwards.-J. H. Hitzelberger testified that b
| brought suit against Mrs. Calvert for the sum
$3.50 and that the Squire gave judgment in his fs
vor, and because he did this, the other side accuse
him of being drunk and abused him; Mr. McAllis
ter was not drunk, and knew what he about
DIR. Landisstestfed that he in Squire NJ
| Allister's Office ,ne occasion when Mrs. Calver
came in and wan.ed the Squire to take some cest
oil the case; he replied he could not do that, hi
officers must get their pay; she then abused Nj
| McAllister-caed him an unrighteous Judge; sal
they were all liars, thieves and scoundrels; th
| Squire said il she did not desist be would hny
to commit her for contempt; she said, swell. sen
me to Jail, there's person over there I'd like t
see. Mrs. Calvert, (from her seat) sOh, m
goodness. ."-Bailitfs, in chorus: ''Silence."-
Witness continued Thought the Squire was goin
to give her thirty days; Mr.. McAflister was no
drunk. J. Morrison testified that he wa
present in Squire McAllister's office when Mr!
Calvert came in to get the costs reduced; upon th
Squire declining to do so, she called him dishor
est man and greatly abused him; Mr.. McAlliste
was not ntoxicated.-Constable Armstrong te
titled that Mrs. Calvert to the Squire's ofiie
one morning and called him dishonest mar
an unrigbteous judge, and abused him; th
| Squire told her to go out; she said it was rail-
ing; the Squire said be would loan her a
umbrella, but he could not find one; in tw
| weeks she came back and abused him the same we
about the costs, when the Squire committed hel
the Squire was not drunk on either occasion; neve
saw him drunk; he takes a drink when he feels lik
it; don't think Mrs. Calvert is exactly in her rigt
mind-acts as if she was s'nt.-Mr. Morrison n
called-DOn't know any thing about the mind of Mr.
Calvert; talks queer, witness thinks.--Mr. Dun
can testified that he at the trial; he considere
Mr.. McAllister sober then as any man need bt
Mrs. Calvert much abused the Squire at that tint
like all women, she let her tongue run free sh
did not object to the Squire trying the case at al