The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1860-02-01
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| CRIMINAL CoUaT-Hon. Henry Stump, Judge
Milton Whitney, Esq, States Attorney, prosecut
| ing.
The following occupied Yesterday:
State Us. George Robinson, John Shields and
George Brown, indicted severally for an assault
with intent to murder John Gardner also Jointly
lndlcted for assauting and resisting officers John
LumbersOn, James Inscoe and CAPTAIN John 8
Manly, while in the discharge of their duty; the
parties are also indicted jointly with Samuel Tatum,
James Hutton and John Welsh for cruelty to ami.
mails, the offences alleged to have been committed
on the 18th OF the present month
Iatum has not been arrested, Hutton and Welsh
are on bail
c: D. Mcfarland for the defence
Eight jurors were selected from the regular panel
and four from talesmen summoned by the Sheriff.
| Alter the swearing of the jury, Mr.. Whitney ex-
planned the nature of the indictments and stated
what the State expected to prove.
The following testimony was then elected:
John >. Manly, sworn.-Am Captain of the
southern district police; the afternoon of the
occurrence, heard that party was driving around
the Hill in hack, which they had taken from a
German; went out after them and found the hack
at the corner of Hughes and Light Streets the par
ties mad left 1t; went in seaach of them and came
| across Robinson, Shields and Brown, on Cross
street; arrested Robinson, and Shields ran off,
handed Robinson to officer Lumberson, and caught
Shields and brought him back; about twenty or
thlrty men then came out of a tavern, near by
where the Eubolt Club congregate these men called
out to those under arrest not to go, and then a
general fight took place between the officers, the
prisoners and this crowd; they made most despe-
rate resistance; witness was struck in the mouth
with billy; saw of them pull handful of
hair out of lnScoe's head; saw Dunlap living on his
back on the pavement Shields struck witness in
the face with his fist several times; the hack be-
ionged to man named Sauer; the officers sue
ceeded In getting the parties to the station house
James lnscoe, sworn.-Am police officer of the
southern district; on the afternoon of the occur.
renee, about o'clock, first the hack then a
md IL:
and John Baltimore got in; they went on down
quietly; when next saw the hack there was no negro
on 1t, Robinson and Shields were on the box, dri-
wing the horses at furious rate, in gallop; wit
ness and other officers after them but could not
overtake them; at that time Brown and Tatum.
and two others we're in the hack; afterwards saw
the hack on Light street, and told Captain MANLY
VINO the parties were; assisted in the arrest; saw
Shlelds strike Captain Manly; tried to assist Man
ly, when Shields caught witIess by the hair with
botn hands, and pulled his head down; witness
struck Shields in the stomach several times assist
ed in taking the parties to the watch house
Officer Hail. sworn-Saw the parties get in and
on the hack corner of Heath and Light streets and
drive into town; there were Tatum, Robinson,
Shields, Hutton and Welsh; Robinson took the rens:
followed them in town, afterwards saw them on
Gross street; they were driving very recklessly,
horses running; tried to stop them but tbey went
on faster; saw the hack again in Light street:
the tongue was broken, the gears broken, and
hack smashed up; Robinson, Shields and Brown
were there, and were getting ready to 90 off
again; witness did not arrest them, told them
he would take charge of the hack-they had carried
on with it long enough; witness took the horses to
the statlon-house the horses appeared have been
crippled.
John Gardner, sworn-On the day of the occur
renee was driving cart; going up Light street,
saw Robinson and two other men driving a hack,
they were coming at reckless rate; tried to get
out OF their way; the carriage was driven against
witness cart and the tongue broken, and Robinson
q nj hial1 fall
inson tried to strike; witness got the way as
much as he could, but they all got around him, and
Brown pulled the whip from witness arm and struck
him over the head; they all had pull at witness,
put only one struck him; the hack much bro
ken in the hind part.
George Sauer, sworn.-The hack and horses be-
longed to witness; they in charge of colored
man, named Caldwell, that day; about 4 o'clock
young man came and told him to come to the
watch-house, that his horses were there and the
carriage on Light street, broken; went to the
watch-hOuse and found his horses lame-went to
Light street and found the hack the springs were
smashed up, the tongue broken, the lining cut with
knife and the curtains torn down; the next dav
one OF the horses was hurt very badly and has not
been used snce-can't use him; the hack has never
been repaired, it will cost seventy-fve or eighty
dollars to repair it, and witness has not got the
money; saw the colOred man afterwards. who told
him that he had job on the Fort road, and when
he was returning, these parties overlook him and
took possession of the hack.
Cross ed.-Stated before the Mayor that
he thought he had been damaged about Sl5O tha
hack stands witness about $3.50 Er a
Officer Dunlap, sworn.-Witness saw the hack
first with the cOlored man driving it; saw Balti
more and Robinson get in and go out Light street;
afterwards saw the hack; Robinson and Shields
were on top, Robinson driving furiously; tried>to
oyertake them; could not stop them; assisted at
the arrest; saw what has been testified to by Mr.
Manly; witness was assaulted; Shields tripped him
up; the parties rallied under the name of "Bum-
oh rad air
Bummers;" witness was kicked about the body;
tae "Bummers' cried out "resiSt''-''assault the
s. of b."
Officer Lumberson ,sworn-GThis officer corrobo-
rated the testimony of Capt. Manly Witness was
not struck; arrested Brown and he resisted
Mr.. knight, sworn This witness corroborated
the testimony of Mr.. Gardner as to the assault
and also as to the reckless driving along Light
street.
John Ohm, swOrn.-Keep house on the corner
Fort road and johnson street; saw the black man
driving along Fort road he came to witness house
and was going to stop, but witness told him he had
oetter go on as there was a party on the back lot
who might tackle on him; these parties were Tatum
Brown and Shields; the black man drove off and
the party saw him and ran after him; some of them
got IN, and one of them said ''shoot the black $
OF a b" they drove off and came back again
three times; when they came back the last time,
the black man was not with them.
officer Rofe, sworn This witness corroborated
the testimony Of the other officers about the reck-
less driving through the streets, and also about the
assault upon and resistance of the officers
The State here closed its testimony and the
Court at ~ o'clock adjourned until this morning
at 10 o'clock.
CIRCUIT Court FOR BALTIMORE CITY.-Hon VIM.
George Krebs, Judge.
The following occupied yesterday:
Porter and others as The Mayor and CITY Coun-
ell OF Baltimore. Motion to dissolve an Injunction
heretofore granted, in the matter of the assess
ments for the North avenue.
Eric II a.,
any and o. F. Horwitz for defendants.
Court OF COMMON PLEAs.-Hon. VIM. L.. Mar.
shall, Judge.
The following occupied Yesterday:
L. Scarborough Us. Mary Palmer. An appeal
from Justice Shipley. Judgment affirmed.
IL. /. BrGning Jonas Sonneborn An ap-
peal from Justice Showacre. Judgment reversed.
e. Sergert Jonas Sonneborn An appeal
from Justice Showacre Not concluded.
SUPERIOR CoURT-Hon. R. n. Martin, Judge.
The following occupied yesterday:
Philip Hiss, p. Hanson Hiss and William ]. Hiss
rs. Frank r. Wright. An action of replevin. Yer
dlct tor plaintiffs, one cent damages.
John r. Pickre rs. James NJ. Slaughter On
trial. Malcolm for plaintiff, Sprague for defend
ant.
Turner cs lowering. An action for an assault
Before reported. Verdict for plaintiff for 5000
UNITED STATES CIRCUIT CoURr.-Hon. VIM. Fell
TILES, Judge. The following occupied Yesterday:
Isaac NJ. Singer and William Clark u.s. William
,. W amnesty, agent OF Ladd, Webster 4 Co. Be-
fore reported. Examination of witnesses for the
defence continued.
CRCUIr CoURr FOR BALTIMORE CouNrY.-Before
Hon. Judge Price.
TowsoNTowN, Jan. 81, 1860.
Richard j. Cuttings, Esq, Attorney for the State.
prosecuting.
jury of inquisiton was sworn to assess the dam
ages in the case of VIM. Fl. Ga zell and Alexander
Shrner, Trustees, complainants, rs. Wm. Stew
art. Verdict in favor of complainants for 1922 for
rent of farm, &c.
The motion for new trial in the case of Charles
Reilly, found guilty, about two weeks since, of the
larceny ot case of dry goods, the property of
Hurst q Co., on Baltimore street, was argued be-
fore the Court. Motion held under curia.
The case of the State VIM. G.. Ford indicted
and found guilty in the Criminal Court of Balti-
more of the murder of police officer Thomas Burn
ham, alleged to have been committed by shooting
on the 18th of July, 1858, and in which case new
trial was applied for and overruled by Judge
Stump, on the 25th of October, 1858. Exceptions
were taken to the verdict of guilty and the ruling
OF the Court, and carried to the Court of Appeals
where new trial was granted, and Judge Stump
refusing, on Constitutional grounds, to try the case
again, remanded it to Anne Arundel county before
Judge Brewer, but the Court of Appeals having
decided that Anne Arundel county does not adoin
Baltimore city, Judge Brewer returned the case to
Baltimore city, before Judge Stump, and he again
refusing to try the case Mr.. Whitney, States
Attorney for the city, the Sd of December 1859,
signment, was called for trial to-day but owing to
the absence of several important witnesses on both
sides, it was continued until to morrow morning.
L. Newt Steele, VIM. Ii. Cowen and John L.
Thomas, Esqrs., retained as counsel for the
prisoner.