The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1860-06-12
Ia W INTELLIGENCE
CRIMINAL CoURT-JupGr BOND

|
der of Hugh ID. O'Suilivan. BY shooting him in tt
| head with pistol The offence alleged to ha,
| been committed on the night Of the 23rd of Al
| gust 1859. Robert Miller, jointly indicted wit
| Hoffman, was previously tried and acquitted.
| jury afterwards sworn to try Hoffman, but b.
fore any evidence was heard, the State asked th
Court to discharge the jury, on account of the di
| appearance OF an important witness. The defenC
objected to this course, and after the question ha
| been freely discussed in Court, Judge Stump di
charged the jury and the case was continued. The
counsel for the defence then filed n motion to d
charge the prisoner, taking the ground that he ha
already been put upon his trial. and that he coul
not lawfully have his life put in Jeopardy the secOn
time. The motion was argued by the States A
torney and Messrs. Yellott and Sweanv at the las
term. and overrued by the Court. The same counst
appear now for the defence. The following Juror
selected from the regular panel and from ifty tai,
taken from the jury list, summoned by the Sheriff
Robert P. Bailey, Alexander Gould, Jr., Addison K
Foard, Il. 5. Hollins, Richard II. Peasants Georg
II. Bird, Joshua Lockington, Samuel T. Thompson
a. Appold, Hezekiah c. Magruder, James F. Mou
ton and John Coates. Mr.. whitney opened th
case, explaining the law of homicide and stated tn
facts which the prosecution expected to prove
Mr.. 1ellott said he would not state the grounds
defence, until the States testimony had been az
duced. This affair." is known as the Holiday stree
murder, the particulars of which were published
the time and were produced in the ev
dence upon the trial of Miller The test
mony then was to the effect, that O'Suivan an
some friends, after leaving certain house on tn
Point, proceeded to place on Pleasant street nea
Holiday, leaving which they went up Holiday tc
wards Bath street; that O'Suivau stopped in from
of the steps of house No. log, upon which Mile
was standing, that O'Sullivan asked Miller for c
gars and received the reply gruifiy that he had n
cigars; shot was then fired from towards Pleas
ant street and OSullivan fell to the pavement sho
through the head. and died almost instantly Mil
Ter, Hoffman and all the inmates o
the house were afterwards arrested. It
j. Lyon, John 0rem and Henry MiItendorf
examined on the former trial of Miller testified t.
the same facts here. Cecilia Butler, wtnes
who had previously fled from the State, was ther
sworn.-On the night of the shooting, witness wa
sitting on the steps of Mary Whites house or
Holiday street; saw Thomas Hoffman and Rober
Miller pass along from the direction Of the theatre
they spoke to witness and passed on; about five
minutes after heard the report of pistol and re
marked, 'poor Bobby's shot," soon after saw the
police bringing Miller to the stationhOuse and the
dead body of man; about ten or fifteen minutes
alter, saw Hoffman coming from the direction oil
the theatre, and told him Miller was in the watch
house; Hoffman said, 81 don't care d-n; Pm
going to bed;" when witness first saw him. he had
on black coat, light pants and straw hat; the
second time he had on the same clothes and light
slouch hat. By defence. Hoffman, in going to the
place where the shot was fired, had to go past the
watch house. Sarah E. Mercer, a witness who
has been in Jail nine months as a witness was
sworn.-Was an inmate of house No. LOG Holiday
street on the night O'Suivan was shot; lived
with Miller; was looking out the window that
night and saw Miller come on the steps OF
No. LOG, and Hoffman go on the steps at No I04;
saw the party, among whom was O'Sullivan; heard
him ask Hoffman for cigar; Hoffman replied, ego
away or I'll give you cigar" then saw Hoffman
shoot pistol and saw O'Sullivan fall; Hoffman
ran off towards Pleasant street: he was dressed in
light clothes; had on light drab coat, light pants
and light souch hat; did not him afterw rds
until saw him at the on-house.--By defence
Witness don't recollect what she stated bef,re
the Coroner,s inquest; was in liquor then got so
about O'Clock that morning.-The Court at
halt-past three, took recess for one hour.
AFTERNOON SESSION.
On the re-assembling of the Court the evidence
for the State was continued. James Carroll, whose
testimony was taken on the former trial, testified
to the same facts, that he was in the house No lO4
when the officers arrested Hoffman, who was stand
ing on the floor in his shirt-seeves, pulling ap
dark pair of pants.-Dr. Morgan was sworn and
described the wound in 0'Sullivan's head the ball
entered little to the left of the centre of the
head above the ear, went through the brain and
lodged under the skin over the right eye--Charles
Snyder and John Scally, who testified on the
former trial, repeated their testimony, when the
State announced that they had closed, except to
rebut. The following evidence was then adduced
on the part of the defence: Lewis Craft, sworn
Was in the house No. LOG on night of shooting:
know Sarah Mercer; in the second story back
room when the pistol was fired; got up and went
towards the window; met Sarah Mercer, and she
sdlu Miller Hdu SnOI man, ana wanted witness to
go down and let him in; she said she was afraid to
go down; witness looked out the window and saw
Miller on the porch; went down with a light, and
when witness opened the door Miller was on the pave
ment: he was standing the dead man, Miller had
lived at that house about week; witness was ar
rested at the house. By State.-Miller was dressed
in dark clothes that night; when witness looked
out some one called to him to bring lipht down:
didn't tell the coroner's jury that Sarah Mercer
said 'Bobby had shot a man'-Sally Fisher
SWOrn.-W nrOnriptor Of tha housa No
awake when the pistol was fired; after the shot
Sarah Mercer came to witness room; told her and
friend ''to let Bobby Miller in,'' 'that Bobby Mil
Ter had shot man." witness looked out the win
dow and saw Miller on the steps.-Jane Williams
sworn.-Lived at Mary Whites; on night O'Sul.
livan was shot was sittug front steps, heard tn
pistol fired; Hoffman five ten minutes after
wards coming down Holiday street alone; said he
was going home witness told him he better not 90
up as there was a spree up there; Hoffman
had On dark pants, dark coat and dark
slouch hat; Miller had been arrested
before witness saw Hoffman.--William
Neae, sworn-Recoect the time of the
murder; know Hoffman by sight; saw him leave
the house between 10 and II O'Clock in the morn
ing; he was then dressed in dark clothes; work at
the cooper-shop No. l08 was on the pavement at
work.-John Shaney, sworn-Saw Thomas Hoff,
man on the night OF the murder, little before u
O'Clock; saw Miller also that night; they did not
leave No. IL Holiday together that night; wit
ness and Miller left together and went as far as
Saratoga street, left Hoffman at the tavern in his
and had on dark pants; he tended bar
at No ii Holiday street; Miller stopped in front
of Mary Whites; witness did not.-Howard
Smith, sworn-Saw Hoffman on night of murder,
from O'Clock until Il quarter of II O'Clock:
Shaney and Miller left the crib together: Levi
Hoffman and witness left together; Thomas was
there then, dressed in dark pants and black slouch
hat, and be was in his shrt-sleeves, standing in the
door; Levi gave him orders to shut up.-Levi
hoffman, sworn-Was partner with Miller in the
house No. ii Holiday street; witness brother kept
bar at the time; witness left there a little
after II O'Clock on the night of the mur-
der, telling his brother to shut up; Thomas
was dressed in dark pants and dark slouch hat, and
was In his shirt tsleeves; Miller and Shaney gener-
ally went away together; saw Miller and
Thomas go home together. .--Robert Miller,
sworn.-Witness and John Shaney left No. IL Hol-
liday street; left Thomas Hoffman at the house;
did not see Hoffman afterwards until witness saw
him in the watch house, witness went along the
east side of Holiday street, and a man came up
along side of Witness as witness crossed over to
the northwest corner, the man came over some
what in witness rear; witness went to the porch,
and party came along and one of them asked wit
ness Tor cigar, when witness said he had none;
Sullivan then asked if he could get cigars in the
house ard received reply that he could not shot
was then fired and the man fell; witness went down
and picked him up and saw two coopers
lying on the cellar-door; witness thought
there were three shot and dropped Sullivan
Dy Cldte-I lie man was QreSSeQ IN Ilgnt clothes:
was tall; never saw him before nor since wouldn't
know him, if l saw him; didn't speak to him.-
Cecilia Butler recalled by State:-It was not John
Shaney who passed with Miller; it was Thomas
Hoffman; am certain it was; he came near the
porch; saw his face. by defence.-The man had
on straw hat, light pants and black coat; witness
swore it was Thomas Hoffman, and swears so now.
Sarah Mercer, recalleG.--Never told Lewis
Craft and Sarah Fisher that Miller had shot man.
al twenty minutes past seven O'Clock the evil
dence was closed on both sides and the Court de-
sired the counsel to go on with the argument. Mr..
w Whitney then addressed the jury upon the law and
the evidence, and was followed by Messrs. Sweany
and Yellott. The concluding argument was made
by Mr.. Whitney, who finished his argument at ff-
teen minutes past eleven o'clock, when the indict-
ment was handed to the jury, who retired, the
Court remarking that it would remain in session
fifteen minutes longer. The jury, after an absence
OF about fifteen minutes, came in and rendered
verdict of guilty of murder in the second degree
and not guilty OF murder in the first degree. The
Court adjourned until this morning at 10 O'Clock
CITY CIRCUIT CcURT-JUDGE KREBs
Francis M. Crook as. Ann Eliza Crook. Petition
Tor divorce UincuLo nlatrimonii.-Cement B.
Grubb Us, James Il. Hause and others-before re-
ported. Motion to dissolve an injunction. Argued
by X. j. Brent, Esq, for complainant. Argument
SUPERIOR CoURT-JUDGE MARTIN
Brlce j. Worthington The Baltimore and
ages for injuries received. On trial. Assignment
to. day 1913 to 22O.
COURT OF COMMON PLEAS-JUDGE MARSHALL.
James W. Kennedy as. John 0'Neal Appeal
from Mclaughlin. Judgment affirmed. Assign.
ment to-day 50 to 202.
UNITED STATES DISTRICT COURT-JUDGE GILES.
Marshal Watkins has summoned the following
gentlemen to serve AS portion OF the Grand Jury
for the term, who were sworn and discharged until
w ednesday morning: Michael Warner Charles