The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1860-01-25
LAW (.VTELLHENHk.

CRrm!NAL CoURT-Hon: Henry Stump, Judge
Milton Whitney, ESQ.,, States Attorney, prosecu-
ting. The following occupied yesterday:
On the opening of the Court Mr.. Whitney an
nounced that the State was ready in the case of
Alexander Gale, (negro,) indicted for the murder
of James Evans, (negro.)
4. Joseph Rogers, Esq, counsel for Gale said
that none OF his witnesses were present.
Mr.. Whitney remarked that the cars from Elkton
did not arrive until one o'clock, and no doubt the
witnesses would be here at that time.
The Court said if the witnesses did not come the
case could be continued until tomorrow, (to-day.)
Better go and get jury.
The prisoner, short, thick-set mulatto, about
20 years of age, then put at the bar.
The indictment charges that Alexander Gale, on
the 25th day of November last, did inaict one NOR
tal wound, with knife, upon the right side of the
belly of James Evans (negro), from the effects of
which wound the said James Evans died on the
26th of the same month.
The regular panel of jurors was then called and
questioned on their por dire, and the following iu-
rors selected Michael Caughey John Street
Elisha Randall, William Ealey, Daniel Farland,
John H. Westwood, and Elliott Roberts.
After obtaining the above Jurors the prisoner
having challenged twelve, and the panel being ex-
hausted, the Court directed the Sheriff to summon
twenty taesmen, and took recess for thirty min
utes.
On the re-assembling of the Court the names of
the tales were called and the following gentle
men selected Robert NJ. Hill, Edward Stewart
David Vance, Nicholas Robinson. and john W.
Bovd.
The jury were then sworn, and charged in due
form by the Clerk.
The States Attorney then explained the differ
ent grades of MURDER provided for by the act
of 1909, the distinction to be drawn between mur-
der in the first and second degree and manslaugh-
ter. The State expected to prove, Mr.. Whitney
said, that on the 25th of November last, Gale and
Evans, being seamen on board the soop Ellen, were
together. and that Gale, without any provocation
n from Ia ella
of which he died the following dav.
The State would prove that Gale had threatened
to kill Evans, and he had kept his word If the
State proved this, he would ask verdict of mur-
der in the first degree. 1t was for the defence to
prove any eXtenuatOn of the crime or justification
for the deed.
The following witnesses were then examined for
the State: Stephen H. Ford, DR.. Baltzell, officer
Haws, and Capt. Woods, commander of the vessel,
on board of which the homicide occurred.
The testimony went to show that both Gale and
Evans lived in ElktOn, and were employed as part
of the crew of the sloop Ellen, Capt. Woods that
on the afternoon in question, Gale and Evans had
quarrel about something which seems to be un-
known to the witnesses; the alteration was first
carried on in words only, and in the cabin of the
vessel, but they both afterwards went deck
where they continued to violent language to-
wards each other. The first witness, Mr.. Ford
followed them to the deck shortly after and told
them that if they wanted to quarrel, they must 90
OF OF the vessel. Evans then advanced towards
Uale anu Salu AlecK, all want you TO to do Is to
lay your hands me, and strike me;" Gale then
ran at Evans and plunged a knife in his breast; a
black handkerchief was wrapped round the knife;
Evans then exclaimed, "nOw you've done it, and
then raised axe, and hOuriShed it round his
head two or three times. Mr.. Ford here went be-
tween them, and Gale made another attempt to
stab Evans, and said, "Pve done it, you s. of a
b, and will do it again." The same witness
then picked up stick of wood, and told Gale that
ifhe did not behave himself, he would knock him
down. Evans said, after he had received the stab,
"Aleck, you said you would do it, but did not
think you would"
Mr.. Ford was cross-examined by Mr. Rogers, and
stated that at the time Evans made the remark about
Gale laying his hands on him, Evans was smiling,
and looking at witness, with his hand up, and two
fingers Oft extended
No threats were made bv Evans towards Gale
Evans was drunk but it is thought that Gale was
not. DR.. Baltze testified to the examination of
the wound and its mortal character, and officer
Haws evidence went only to show the arrest and
admission of Gale, who said ''that Evans had shook
his fist in his face and as he was not able to fight
him, had stabbed him, and asked the officer if he
would like man 20 shake his fist in his face"
Evans was a taller man than Gale, but not so
heavy.
After the examination of these witnesses was
closed, the State announced that it would rest its
case, except to rebut.
The testimony for the defence was then commen-
ced.
Daniel Holly testified that he was on board of
cabn Evans and Gale came aboard quarrelling;
they came into the cabin; Gale said, "Jim, | amt
able to fight you; if you touch me, will cut your
id heart OUT" Evans said, az amt afraid where
is my knife?' Evans got his knife, and then they
both went on deck; what took place there, witness
don't know anything about; very often heard them
quarreng; did not hear Evans threaten Gale.
Cross-examined by Mr. Whitney.-Tbey We're on
board in the morning; (knfe shown) that is Aleck
Gales knife; him whetting that knife that
morning.
By Mr.. Rogers.-The parties had been drinking
before they came aboard.
At this stage of the trial Mr.. Rogers stated to the
Court that several of his witnesses had just arrived
in the city, and he desired to consult with them he
would prefer to go on with the examination in the
morning.
The Court granted the request and adjourned
until this morning at ten o'clock.
The Jury were placed in the charge of the baffs
and conducted to a hotel.
John McKenny and Leonard W Gray, Consta-
bles, indicted for maleasance in office were admit
ted to bail in the sum of $500 each.
CoURT OF COMMON PLEAs.-Hon. VIM. l.. Mar
shall, Judge.
The following occupied yesterday:
Michael Moon gs Anna Wells. An appeal from
Justice Evans. Judgment affirmed.
Henry E. Johnston Us. James Bullock. An ap.
peal from Justice Logan. Held sub curia.
Mary Dorsey Us. Sarah A. Foose An appeal
from Justice Ridgwav Judgment reversed and
Judgment for appellee for S. and costs.
Josiud lOrner Os j. A V alice, assignee. An ap-
peal from Justice Alexander. Not concluded
Assignment to-day to 81 on postponed docket.
UNITED STATES CGRcUIr CoURr-Hon. VIM. Fell
Giles, Judge. The following occupied Yesterday:
Isaac NJ. Singer and William Clark u.s. William
S. Wamesley, agent of Ladd, Webster & Co. Be-
fore reported. Examination of witnesses on the
part of the defendant continued
SUPERIOR CoURT.-Hon. II. N. Martin, Judge.
The following occupied yesterday:
Elisha Warford and others Us. Richard Colvin
Warford. An action of ejectment under the will
of the late Rachel Colvin. Before reported Will
liam Price, Esq, commenced the concluding argu-
ment on the part of the plaintiffs.
CIRCUIT Court FOR BALTIMORE CIrY-Hon. VIM.
George Krebs, Judge.
Nothing ofpublic interest done yesterday.