The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1860-10-03
Ia w INTELLIGENCE.
CRIMINAL COURT-JUpGE BOND.

CnafleS H. hFaIt, Esq, arose ana Salu tnat he de
sired to make a motion to the Court in the
case of Erasmus Levy, who to be tried for muir
| der Thursday. The counsel for the traverseI
desired to have from the State the of all the
witnesses who were to be produced upon the trial
that the defence would not be taken by surprise
and would have opportunity to contradict or i'm.
peach any witnesses who were brought forward -
The counsel knew that the Grand ,Jnry had return
ed the namesof certain witnesses on the back of the
indictment, but they had understood that other
witnesses would be produced, who were not
on the indictment, and the traverser had an
| undOubted right to know their names. The
accused had right to confront his accusers, and
therefore, of the counsel of Levy, he would
move the Court to pass order requiring the
State to furnish the defence with the names of all
the witnesses IN its possession. Mr. Kraft then
| read the motion to the Court which was fled
Mr.. Ing, another Of the counsel for Levy, made a
| few remarks on the notion claiming the right OF
| the traverser to have the names of all the wit
neSses who were to be confronted against him.
| Mr.. Ing referred to the case of the negro boy
Brown, indicted for the murder of young Crozier,
| IN the United States District Court, where Judge
| Taney had passed an order authorizing the
| counsel for the defence to converse, in the
presence Of the United States District Attorney.
with all the witnesses for the prosecution, that
the accused could have an opportunity of meeting
all the testimony which might be brought against
| hm.-Mr. Whitney said that in this case he de
sired to adhere to the rule of the Court, and furnish
| the counsel for the defence with the names of all
| witnesses within his knowledge. During the pro-
greSs of the trial, however it might be necessary
| to summon witnesses, either for the State or
defence, to meet any new phase which the case
might take. lie had no desire to withhold any wit
from the defence regardless of sany personal
abuse, he wanted to try this fairly and Impair
TALLY, and would never place himself in a position
tn be charged with prosecuting man. matter
who he was or what his position. Mr. Whitney then
referred to the first arrest of Levy upon this charge
He had been under arrest for ten days. and the
only knowledge of the fact he got was from the
newspapers. After ten days note was left at his
residence, on a Sunday night, and handed to him
on Monday morning. This note was from Marshal
Kane, stating that examination was to be held
in Levy's case that morning. He called at the Mar
shals office, and then stated that he was not pre-
pared to go into au examination of the matter at
that tme-that he had only received official
notification Of the arrest that morning, and
suggested postponement until Thursday morn
ing, when the Criminal Court would be in
session, desiring to have the whole mo t.
ter before the Court for its action He
also stated to the Marshal and to Mayor Swami,
that the greatest difficulty the State had to encOun
ter in the trial of such cases, the course taken
at these preliminary examinations where witnesses
were examined and their testimony published, in
tertering, IN a great measure, with the case when
brought up for trial. The hearing was then post
poned at his (W.s) suggestion until Thursday,
when the Court would meet. In the meantime,
application made before Judge Barto for "A
writ of hdbens corpUs and he (Mr. W. was notified
of the fact. He Judge Bartol and stated to
him that a hearing in the to
be had on Thursday, but the Judge, after
examining the Code, came to the conclusion that
it was imperative upon him to grant the writ. At
his Mr.. W.'s) request then, the Judge made ont a
blank subpoena for the summonin ing Of ritn9a"ea foi
tho State, which given by him to Marshal
Clifford, with a request that he would furnish the
names of witnesses to the Sheriff. The hearing
came off on Thursday, the day of the meeting of
the Criminal Court, and he had requested Mr.. Pink
nev, the deputy, to attend the examination-which
had been the custom for quarter of a century
he being obliged to be present in the Criminal
Court. After hearing the case, Judge Bartol did
not consider the testimony sufficient to hold
the party to bail, and he was discharged.-
After having done all this, Mr.. Whitney said, a
statement was made by gentleman, in the papers,
that wanted to suppress the testimony in the case,
when can establish the fact by competent tes-
timonv. that Marshal Kane had stated that he
wouldn't furnish the testimony in his possession
because he hadn't confidence in As to the
names of the witnesses now in his possession, he
would give them to the counsel for the defence,
willingly, and would say, ''all that | have freely
give unto thee. .'-Mr. Kraft said that Mr.. Whit
ney had stated that for which the counsel
for the defence had been induced to make this de-
mand. They had reason to believe that there was
another party in this prosecution behind the scenes
one who had undertaken to conduct this prosecu-
tion; who had said that he had no confidence in
the States Attorney, and therefore would not fur
nish the names Of witnesses, who was the Assistant
States Attorney, self Reconstructed Mr.. Ing said
that he had learned that parties had been arrested
in the city, taken to the station-house and incar
cerated, because it believed that they knew
something in regard to the affair." and were only re-
leased bacsusa fbav had sworn thamsaIvas t1 ho
utterly ignorant of anything connected with the
transaction. 1t might be that there were now per.
sons confined in the station houses who would
be sprunp upon them at the hour of trial.
The Court said that so far as the ripbt of the
prisoner to be confronted with his witnesses
concerned. he had the undOubted privilege of
knowing them; it had always been the practice in
of oil returnad nv tho Grand Jurv hs to cnrtain
statnIoent ,nadn bv conrsa in ra9ard to wiinasSas
and tbe aot;an of otbnr nart;as in Tho casa tho
Court u,orId eoy that II con onI, Gao and kno1 ana
nrosooutor in tho Cnnrt Mr. Whifncy 10 tho
GStoto, A ttonmo tb arosoo,to to ~ Cont
and he i the sole one to nrosecutc here IF any
one else undertakes TO nrosecuta a case he cannot
,,n,oa,,to - tb;r ro,t M, Conrt I, - rtor5od
ot Co. 10 ,1urnoso SoIal- of conv;ot;nr ,,ort;os'
hnt 70 saa +bat tbnr have fair and insrtioI trai
wban indictad As farasMr Whitney was concarned
in tha onastion now hefora tho Conrt he could no
"a - ~ r,,,n. ~ ~, O., Ia 40 80
uy .he IN 'ut tnJ op1i Eau no ou
i aut f o - Co. T. t. " ~ .b aioti f m
Wis., - 10 rooaired +ba ,ama nf n u,;tnaoS ,rnn,
Manshai kana - sa, N his disnrat;on uhather ba
- ,a a. -, nr 80 II tbo NJ.
hnI ;,hb,Id ~ ra,nos Of u;.rosso 80,
.h na t.t VIZ - - " ";t;f III J
i; tha Conrt;s oanion A 10 tha sto,arcont ooS
IN IN .i' y. - f ~, w.
IN IA ieS''lu ~ 'S ~ vi o lat nvoi ny. nTy ~
tne case, the iouft mas neaaa nGtnlng me court
t;n Whotbar soh borraS ar. t,a - on a fIso ~
Sa - :; ho ~ =; eos,;. th ~ - t;i .t
81 ',,' u - - ;Si,t NJ Iybita % ~ ~ Its - H.
~ w " =, IL O.. i - :! :! - 49, 's a~ ~ - ~ i
W M, w ito o'iie o,li'el gu.
nI". ~ ~ Niil NC c'oI: P"f1 "i o'uo'
On 'me Htate Attorney 10 iurhlSh ihe haines
OF OF All tne witnesses Wi.hin h's khoWieuRe.
otate U.s. Enanuei l'oS' lhucteu ior rle Luruei
VI op " Il ~, "a ~ IN, III 'l ue " i
az : un M oruIu 80 Hounu - oN .'ie
geots snt ol Wnto 'no s I'm " itH ine.anl.5 u,eu'
lItc NC cngio - f 70 . @ T I. ii'su IL oh
@ ane H. ; oa d Az Tha In u Ef E 81 t AZ
M y; ~, vas aoIinI od
at A - elIeh. ine speS', pane a. oalgu aIa M
Iotad o F patt % 'tio
CI w Woodeo D Mn.a' ",' W.
4a' ~ ~ in p ' uodCsos' ~ Z r,rnar ard r.
nh,u anIa, o ~ W. ~ nrau "l. sol ao.od NJ
oaioi s DeiS - o hII'
tb s,i; q ~ dirotd 70 truantu taioszoan
T 80. .Lt - =, ~ - ~ -; h. ~ Sh;T ~
Ron .ne e1ota 10 Wv oo,1atad tho
:i ins Jui "T w Iti
- 1tri npI.it p - nS ~ w H.; u t ~, ~ :, r
tba ;prv had hsen dnlv sworn and CHARGED bv the
cIert Mr Whitney made the oneninr statement
rac;t;nn vhat the State evnnctad to nrova and av
Iinin, tbn law and tha difarant distinctionx1na
h tho laws of MARYLAND in regard To the crime of
homicide The connseI for the defence declined
making any statement at this stage of the trial
an,orIn tbot tbag would dafar + mill aftar tba
testimony for The nrosecntion was zone throngh
With The foIIowinp witnesses On the mart
Of tho Stota wara tbnn examined William
Wit sworn-Rasida in East Favatta xtraat
naar Rrosdwar. Jobn WITT was wi{ness, hrotb
or. ba was % vpars Of age. ha was Tnarriad
80 hor,o :, Gostlo olIore I,norr a. ,,,;.orou'