The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1860-09-24

On the 18th August last, ERASMUS LEVY, COM
mitted for the murder of FRANKLIN NAFF, was
brought before JUDGE BARToL on a habeas corpus,
and discharged from custody. 1t is supposed that
the following testimony led the Judge to the
conclusion at which he arrived. We quote from
our report Of the case as published at the time
Mrs. John Hnesley sworn-Ive on the corner of Cal
vert and Pleasant streets; on the night of the Goth of
December last Erasmus Levy came home to tea at 6
O'Clock and did not out that night he retired at II
o'clock Levy boards at witness house, has boarded there
year and up to the time he arrested; there
present that night, witness brothers, sister and Mr.
Hnesey; the party all in the dining until II
O'Clock; they celebrating Christmas it Monday
night Christmas coming on Sunday they al
lowed to sell any liquor at about O'Clock Mr.. Hnesey
came in and said he was going down town. that he had
heard Naf shot, and he going to see about it
when Hinesley said this witness turned to Levy and
said "Ras-we always call him Ras-you re out Of this
scrape for once; positive Levy did go out that
night witness asked him to spend the evening at no
and he said he would if witness would give him a pair of
slippers which he got and took off his coat Levy went
to bed at IL O'clock and witness thinks he could have
out after that without her hearing him. as his room
is next to hers he dressed that day with grey over
coat and brownsh SLOUGH hat, with round top.
Miss Jeannete Russell tsster of the last witness)
sworn-Live with my sister; spent the evening with her
on the night of the Goth of December; Mr.. Levy was
there with the company in the dining from until
II O'Clock, when he retired witness brothers. sister and
Mr. Levy were there; positive Mr. Levy did leave
the premises that night.
Thomas Temperly brother of Mrs. Hinesley) sworn
Was at Mr.. Hnesley's the night of 26th December
last staid there from until IL o'clock Mr. Levy sis
ters, BROTHER Mr. Hinesey and Mr. Hipsley there
Levy wore light SLOUGH hat that time; witness stad
until IL O'clock heard of the shooting of Naf from
Hnesley Levy was there then, and when witness went
away.
William Russell Ia half brother of last witness) sworn
witness corroborated the testimony of the former
witnesses as to Levy remaining in the house during the
whole evening &c. He also stated that he had tele.
graphed to Philadelphia for Mr.. Hpsey but he had not
arrived"
If ERASMUS LEVY did not spend the night of
the 26th December, from to IL o'clock, at
HINEsLEYs house, these four witnesses, beyond all
controversy, committed perjury. Yet the present
Grand Jury have just found bill against LEVY
for the wiful murder of NAFF-which could not
have happened if they believed Mrs H1NEsLEY
swore truly before Judge BARroL, when she said,
at nine O'Clock Mr.. HNEsLEY came in and said
THAT he was going down town, that he heard
'NGt 'cas shot, and he was going to see about
1T; when HINEsLEY said this, witness turned to
LEVY and said, Rss-we always called him RAs
"-yOure out Of this scrape for once.' We can
not perceive why the same evidence which indu-
ced the Grand Jury TO indict LEVY for wilfsl
murder does not compel them to ndict these wit
nesses for wilful perjury