The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1860-11-02
la w INTELLIGENCE.
CRIMINAL cnIrprIHAAn p..

! CRIMINAL COURT-JUpGE BOND.
Yesterday morning the Courtroom was crowded
with spectators, jurors and talesmen, summoned bv
the Sheriff, in the case of Erasmus Levy, charged
| with the murder of Franklin II. Naff. Considerable
time was consumedn excusing those gentlemen from
serving who offered legal objections. After the
Mr.. Whitney announced that the prosecution was
ready. John English was still returned non est
The defence also announced that they were ready,
and Levy was placed at the bar.-The ndict
/ night of the 26th of December last, shot
| Franklin FL. Naff, creating a mortal wound. Of
which the said Naf died in the following month OF
April. VIM. j. O'Brien. Esq, stated to the Court
that he had been requested by the relatives of Naff
to assist in the prosecution. VIM. Pinkney WHITE.
John ii. Ing, and Charles l.. Kraft, Esqrs for the
prisoner.-When the defence announced that
they were ready, Mr.: Kraft said that the prisoner
elected to be tried before the Court, and not urv
1t was the right of the prisoner, because the Code
OF Maryland says, that when party is indicted
for felony, he may traverse either before the Court
or the jury and if he should elect to traverse before
the Court then the Court shall proceed to try the
law and the facts.--Mr. Whitney said he wanted the
counsel of the defence to state before whether thew
intended to rely upon this clause of the Code, in
taking up the case. If they had announced their
intention before, 1t would have saved much trouble
lie, however, construed the section so that it left
the matter entirely in the discretion of the Court
The Court said that such course put upon it
great, fearful responsibility. The Court hardly
fet Itself equal to such responsibility The coun-
sci were also assuming great responsibilitv when
they put the prisoner upon his trial before the
Court. The question, however, now was whether
this was the proper time for the prisoner to avail
himself OF the act of Assembly. Ing said that
it not the election of the counsel to try the case
before the Court. 1t was the desire of the prison
er himself. 1t was the duty of the Court to
try the prisoner when he desired to be so tried the
law was plain. They only asked the Court to do
what the Code required. As to the time for this
oil tha r1riSn had hol
ty to elect as the case had just been announced as
ready for trial.-Mr. Whyte said, he regretted
that any difference should exist between the Court
and counsel in regard to the subject The prisoner
mad certainly right to be tried before the Court,
and he desired to be SO tried. He did not mean to
say anything in regard to the gentlemen summon
ed, he had no doubt they would perform their du-
ties as honest and intelligent men, but the COM
n!y munity had been prejudiced against his
one of the public papers of the city, and
found guilty, day by day has he been held be fore
the community as guilty man, and one of the Of
hcers OF this Court called to account because his
trial has not been brought more speedily. His
client knowing all this, is anxious and ready to be
tried before the Court, relying upon the integrity
of the Judge, whom he knows will decide the case
iairy and legally, not looking to what his fellow
citizens shall say, but meeting out Justice to the
prisoner as he expects to be judged himself-The
subject was further discussed by Kessrs Kraft, Ing
and Whitney, when the Court announced that the
Coue maue IL imperative upon the Court to try the
traverser if he desired it. The talesmen were then
discharged and the case proceeded with-The
following evidence on the part Of the State was
then adduced: DR.. Claude Baxley sworn-TThe Doc
tor gave an accurate description of the most ,oren,
after Naffs death, the course of the BALL. &c. all of
Which was published on the trial of Wesley Wood
ward. The wounds from the pistol ball was the
cause OF death.-John Morgan, sworn-Was a
police officer at the time of the shooting
of Naf. Witness repeated his testimony piyea
upon former occasions. He was attracted to the
corner of Lovely lane and Calvert street by hearing
pistol shots; there saw Robert Miller, Wesley Gade
William Dix, Erasmus Levy and Joshua Mullv
standing at the mouth of the alley; there were also
many others standing about; started with Mr.. CIa-
ridge towards Baltimore street, and when about
half way, heard shot in the alley; ran back into
the alley and met aft coming up, crying ''Pm shot
IN shot," saw three four men running out of
the alley and up South street towards the Sun
office; could not recognize them; after walking
about on beat for some time, went up to
Coleman Rogers, where Naff had been taken:
saw Levy and Muy there's this was about three
quarters of an hour after Naf was shot: smoke to
Levy.-Charles Carroll. sworn.-[This witness
repeated his testimony given on the trial of Wesley
Gade and Woodward in the alley; the last shot
was fired towards South street; did not see Lew
1t all that night; Woodward was the closest man
to Naff when he was shot-Henry Claridge,
'worn.-Heard reports of pistols fired in Lovely
ane; went down with Morgan; met three men run
1ing; one had his fist up, saying to another,
you s-n of b-h, you shot at me;"
Morgan took hold of him. and the two |
others went up Baltimore street, went to the cor
1er of Lovely lane; good many standing there;
'nly one recollect was Martin Hedian, he asked |
witness what was the matter; witness turned back
md then heard another shot, and ran down int the
iliey; met Naff in the ALLEYS he said "my God Pm |
mot" saw men running out the aey but did not |
ecognize any of fthem.-William Befelt, sworn |
" as at No. ii Holiday street on the night of the
nooting; at Levi Hoffman's house, between eight |
ind nine o'clock, when Nick Manly and Lew came |
n together and went down into the cellar; heard |
lothmg said; don't know where Hoffman
vas; Levy, and Manly went into the cellar
the trap-door; they usually went down