The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1860-05-23

crowd, Joshua Mulley Bob Miller, William Dix
and others came up; Miller said "kill the s.
of a D." and struck Naff with club,
and knocked him down, and the others beat him.;
then heard several pisto-shots fired; Naf ran down
the alley, then came back and said he wanted his
hat; he was again knocked down and then shot; do
not know who shot him; the flash of the pistol;
there was no between Naff and Woodward
when the shot was ierd; don't know what became
of Naff; witness went f-Cross-examined- IA
plat ofthe locality where the shooting took place
was shown witness and he described the position of
the parties. Naf was in a STOPPING position
when he was shot; he about rising. No fur
ther material evidence elected. 1-Charles Carroll
sworn.-Met Naff on the night in question up town.
about o'clock. and went in company with him and
others to Lovely lane. The testimony of this wit
ness cOrroborative of the first except that he
thought Naf went down the alley after he was
shot. Woodward about four feet from
Naff when he was shot; Woodward was the only
one OF the party who was towards South street.
and Naff was standing little sideways towards
Calvert street. facing South; the rest of the party
were back of Naf towards Calvert street.-Cross-
examined-Broderick struck with club, and
left the alleys then several shots were fired to-
wards Calvert street; witness went out of the aev
when he police officer coming up.-Daniel
Broderick, sworn.-Was in company with Naff in
the alley on the night in question, but out be-
fore the shot was fired; was talking to Joshua
Muliy, when Miller struck him with club on the
back of the neck; witness asked him what he was
doing that for, and thought Miller "was going
down for something" and he left; Miller then
fired at witness; heard the exclamation, "make
sure of one son of b." don't know who said so.
Cross -examined-The witness related where and
when he met Naf, and where they had been during
the afternoon; witness had no disturbance himself
that day; two of the party in company with wit
ness had quarrel that afternoon, corner of Front
and Hlllen; they were named Keenan, and Lyons;
there was man shot there; don't know if the
pistol was hred by any of our party; saw no pis-
tolls drawn by any of the party; Tthe State
objected to this examination, and objection
sustained; witness had a pistol with
him that night, and when he was struck,
pistol fell to the ground, and Josh Mully picked 1t
up; witness did not present pistol to the head of
Woodward that night.-The State here rested
its case.-The defence then called the fol-
lowing witnesses: William Waters, sworn
Has known Wesley Woodward three years;
with him on the 26th December the
whole afternoons between and o'clock we started
up the lane and saw a crowd standing under the
lamp above the drinking house; heard some one
say, chit the son of b-h;" Woodward advanced
and said he was Justice of the Peace, and would
preserve the peace; then heard about half dozen
pistos-shots ran down the lane and went as far as
the Bank OF Commerce; in about ten minutes went
up the lane again; saw man in STOPPING position
about the middle of the lane; saw three men come
down and pass him; saw a tall man with souch
hat run past the man, turn and shoot at him.
Cross-examined.-Woo Woodward and witness intended
going into a house in the lane; did not recognize
any of the parties in the alley-was too far off;
when witness came back in the alley did not see
Woodward, did not see him again that night wit
ness did not know who the man was, who was in a
STOPPING position; when the shot was fred the man
about four or five feet ahead of the stoopinp
man, had seen Miller that night have known Naff his
whole life; did not recognize him that night. By
Defence-Am positive the man who fired the pistol
was not w Woodward.--John Morgan, sworn-Was
formerly police officer; recolect the night of the
shooting; one told witness they were firing in
Lovely lane; went to corner of Calvert and Balti-
more streets and saw two men running from the
lane, one Nicholas Manly, who had colared a
man who he said had shot at him; a man
came up and said it was a friend; witness
let the man 60 and he ran off up the street; Manly
then went towards the lane and stopped there;
witness went down the street and saw some men
standing at the of the alley; went down
the alley; heard pistol shot in the alleys went down;
saw Naff just getting up; he was groaning; kept on
down springlng rattle; went as far the Sun Build
ing; did not meet any one in the alley. Cross-ex-
amined.-Saw Mully, Miller, Levy and Dix on the
corner of Lovely lane and Calvert street; did not
see Woodward.-Joshua Muy, sworn.-Was in
Lovely lane with Miller, Dix and others when
Naff was shot; was coming up the alley with Man.
ly and heard some man say you are breaking the
peace; Broderick with pistol at Woodward's
head; witness grabbed the pistol from him; there
were two three psto-shots fired at the party then;
witness went to the corner of Calvert street and
stood about ten minutes said to Levy let's 90 to the
crib; went down the alley; met Naff bareheaded;
party gathered round him, and shot was fired; the
crowd then ran in different directions witness ran
down the alley; don't know who fred.-Cross-
examined-Manly went into the alley with witness
first; they went there to serenade the girls went
down with Miller, Levy and Gade, when met Naf
did not know who shot Naff; didn't want to know
didn't see the pistol the fash.-William
Jones, sworn-Was in Lovely lane the night of
the shooting; had passed down far as the iron
store; there was crowd of men standing in front
of lmhotf's tavern; there was apparently spree
going on witness stopped to see the spree; heard
a pistol shot; recognized Woodward there with
his hands up; beyond him recognized Naff; there
were some ten others; heard a man exclaim
'don't kill me;" witness supposed it was Naff;
witness then t.-Cross- examined. Did
not hear any shots fired before getting
5o4, @ saw go nasR mas s,.Ss o m pistol s
see MulIy there; thinks officer Morgan was there's
thinks Naff was shot when he ran from the alIey;
Naff was standing with his back towards Balti-
more street, Woodward about ten feet from him.
towards Calvert Witness pointed out on the plat
the relative positions of the parties. Lewis G.
Ward sworn.-Went up the lane on the night of
the 26th; there good deal of shooting, up
whiskey mill in The lane; stopped in the lane
about sixty feetfrOm South street, but heard Shots
and went back; after the shooting some of the
party ran towards Calvert street; witness then
went further up, and saw man in a stopping posi-
tion believe it was Naff; saw some men coming
down, and when they passed NaT saw the fash Of
a pistol, and the off towards
South street; witness then walked off pretty fast
himself roSs-examined-The pistol was fired by
one of the four who came down the alley;
don't know whoit was; the way witness knew it
was Naf was, because after the men ran off, he
went up the alley, and heard the man exclaim,
"murder" or al am shot," saw some men come
from Calvert street, and one of them put his arms
around the man and raised him up, and he ex-
claimed, "Harry Krebs I hold you responsible for
his."--The defence here cosed.--The counsel
agreed to go before the jury but of the jurors
being unwell and weary, the Court at ~ O'Clock
adjourned until this morning at 10 O'Clock.
COURT OF COMMON PLEAS-JUDGE MARSHALL.
The trial calendar called yesterday. Assign
ment to-day to q, inclusive, on appeal docket.
SUPERIOR COURT-JUDGE MARTIN
John G. Stevens, surviving partner, US. Frederick
L. Schaeffer. Judgment.-James NJ. Sewell and
others, use of Carville Stansbury and John S.
Stansbury, Abiathar Field. Before reported.
Not concluded.-Assignment to-day 20 to 63, in.
elusive.
in tba nth