The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1860-01-26
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CRIMINAL CoURT-Hon. Henry Stump, judge
Milton Whitney, ESQ.,, States Attorney, prosecu
ing.
State Alexander Gale, (negro,) indicted 70
the murder of James Evans, (negro,) by stabbin
him in the belly with knife, alleged to have bee
committed on the 25th day of November last
I. Joseph Rogers, ESQ.,, for the defence
On the opening of the Court the examination @
witnesses for the defence was resumed.
George r. Howard sworn.-Reside in Cecil coun
ty; know the prisoner; he was bound to witness
| remained with witness until he was 81 wears ole
his father was white man and his mother an in
sane black woman.
Mr.. Rogers.-What was his character for peac
and quletness during the time he was in your EN-
ploy?
Question objected to by the State
Court said, the reputation for peace and quiet
ness in the neighborhood could be shown.
Witness continued.-His reputation was as goot
as any other person of his class in the place wher
he lived; knew Evans; there was very little differ
ence in the size of Evans and Gale; Evans was thu
| strongest man, he could have tied Gale; Gale be
| haved in an extraordinary manner some occa
slons, indicating an unsound mind; did not thinl
| him insane.
Crossexamned by Mr.. Whitney.-Never hearc
the reputation of the prisoner for peace and quiet
ness in the neighborhood discussed, except at on,
time, when an occurrence took place at a negro
! meeting. Witness was about to state this occur
| renee when defence objected.
| by Mr.. Rogers.-Have heard the character o.
the prisoner discussed since the occurrence, which
always preponderated in his favor.
William Jones, sworn.-Reside in Elkton; am
! States Attorney for Cecil county; have known the
| prisoner since he was small boy; he was generally
reported to be quiet and orderly boy in the neigh
| borhood; he was not insane; never knew that be
was passionate boy; he became unusually excited
| at very slight causes; laughed mmoderately al
slight things; did not know deceased Gales mother
was as crazy woman, periodically witness ever
saw; have heard persons often speak of his charac
| Ter; 1t was always spoken of WELL
Andrew Alexander, sworn.-Reside in Elkton,
! Cecil county; have known the prisoner since he
was small boy; far witness knew, his charac-
ter Tor peace and quietness in the neighborhood
was good; never heard that he was revengeful;
heard him spoken of sometimes as a mischievous
boy.
Jacob B. Ash, sworn-Reside in EIkton; known
the prisoner since he boy; his character in
the nelghborhood was very good; he was not re-
vSengetnl; he had an extraordinary disposition; at
times he would be passionate and in a moment
calm; only heard that his mother insane; don't
know it of personal knowledge
William Torbert, sworn.-Reside in Elkton; know
the prisoner; as far witness knows his reputation
was good; knew the reputed mother of Gale: she
was named Emeline; at times she was crazy.
James Denny, swOrn-keside in Elkton; known
the prisoner twelve thirteen years; far as wit
ness knows, his reputation good.
Mr.. Rogers here announced that the defence had
closed its testimony.
Capt. Woods, recalled by the State-Haye
known the prisoner for about year; all witness
knows about his reputation, he has heard that he
was little too fast; that he smart negro:
nave heard MIR. Howard say that he gave him some
severe thrashings.
By Mr. Rogers.-Mr. Howard told me he was of
mild disposition.
Geo r. Howard, recalled by defence.-Thrash-
ed the prisoner when a servant in witness house;
he was at all times obedient to witness; never suky
or revengeful after being whipped.
BY Mr.. Whitney.-Thrashed him frequently;
sometimes once in six months, sometimes two or
three times month.
The testimony on both sides, being concluded
the Court at II o'clock took recess of fifteen min
utes.
On the re-assembling of the Court Mr.. Whitney
commenced his opening argument for the State
before the jury. He explained the different grades
OF murder, as laid down in the Act of 1909. Ex-
amined fully the testimony, and applied the law to
the facts as brought out by the witnesses He con-
tended for and urged verdict of murder in the
hrst degree, as against the prisoner.
Mr.. Whitney concluded at one O'Clock
Mr.. Rogers then stated that he was TOO unwell to
go on with his argument; and the Court adjourned
until this morning at 10 O'Clock
The jury, by consent of counsel, were allowed re-
treshments, and conducted to their hotel bv the
bailiffs.
CouRr OF COMMON PLEAs.-Hon. Wm l.. Mar
SHALL Judge.
The following occupied Yesterday:
Joshua Horner Us. Jos. A. Vallee, assignee of Jno
Nallee. An appeal from Justice Alexander 1t ap-
peared from the evidence that John Vallee was the
owner OF sorre horse, which he had placed for safe
Keeping and pasurage in aot of the city,
Some OF the employees of Horner, who is the pro-
prietor of bone factory, saw the horse and think
ing him fit for nothing else, knocked him in the
head and hauled him to their place of business
The owner brought suit against Mr. Horner lay
ing damages at $50, the alleged worth of the horse
Judgment was given in his favor; from which de-
cision Mr.. Horner appealed The Court affirmed
the judgment of the magistrate
NJ Marshall us. the State of Maryland. An ap-
peal from Justice Mclaughlin. Judgment revers-
Richard Younger u.s. Howell Downing. An
appeal from Justice Hayward. Judgment affirm
Henry E; Johnston Us. James Bullock An ap.
peal from Justice Logan. Judgment reversed and
Judgment for appellee for $3.50 and costs
Jacob Barrickman John W. Cautce An
appeal from Justice Morrison Judgment re-
versed.
A. & H. Kenny u.s. J. Castelberg & Co. An
appeal from Justice jolly. Judgment reversed.
q. Leutbecher, &C., Us. p. NJ. Snowden &C. An
appeal from Justice Mckinley. Judgment affirm
SUPERIOR COURr.-Hon. r. N. Martin, Judge.
The following occupied yesterday:
Elisha Warford and others u.s. Richard Colvin
Wartord. An action of ejectment under the will
OF the late Rachel COlvin. Before reported Will
liam Price, Esq, continued his argument on the
part OF the plaintiffs and will conclude this
ing.
UNITED STATES CIRCUIT CouRT.-Hon. VIM. Fell
GILES, Judge. The following occupied Yesterday:
Isaac M. Singer and William Clark us. William
). Walmesley, agent of Ladd Webster e. Co. Be-
tore reported. Examination of witnesses on the
part of the defendant continued.
CIRCUIT CoURr FOR BALTIMORE CrrY.-Hon. VIM,
George Krebs, Judge.
There was no business of public interest trans
acted yesterday.
CIRcUIr CoURr FOR BALTIMORE CouNrY.-Before
Hon. j Judge Price