The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1860-08-31

when witness went to the window the fight was
principally over;saw some men throwing stones al
gentleman with his hat off; learned afterwards
that it was Mr.. George Kyle; did not know who the
men were who were throwing the stones; don't
know Edwards
William Fossbenner, sworn.-Am bricklayer;
reside on Lee street; at the polls on the I'd of
November; was one of the judges of election; heard
riot in the street, the polls were not open but the
window was up; Adam and George Kyle; the
crowd was making attack upon them-shooting
at them; A am was in the street and George upon
the pavement; saw them defending themselves;
called George; thought could pull him in the win
dow; turned and saw Adam knocked down in the
street; the firing commenced then, and witness left
the window: did not see Edwards about the win
dow; saw him after the polls opened;he was dressed
in dark clothes.
By Mr.. Yellott.-Was the Reform Judge of cleo
ton; did not see Adam knocked down; when first
saw Adam down he was near the northeast corner
OF ork and Light streets; did not see Edwards
strike him when he was on the ground; Adam was
forty feet from witness; know Edwards well; if he
had been near Adam, suppose would have noticed
him; did not see the boy shot
BY Mr.. Pinkney.-Saw neither the beginning
nor the ending of the attack on the Messrs. Kyle
by Mr.. ellott.-Saw Edwards take no part in
any disturbance that day; saw him enable parties
to come up to vote; witness requested him to do so
on one or two occasions.
The defence then called
Richard Middleton, sworn.-Was at the polls on
tue EHu VI NOVemDeT, attention was frSt called to
George Kyle by seeing him brandishing a dirk:
he had been thrust off the pavement; when the
firing commenced witness went into the house ad-
joining where the polls were; don't know who fired
hrst; think saw George Kyle shoot; did not see
Edwards there until after the firing was over; can't
say who fired first.
By Mr.. Pinkney-Mr. Kyle was in the street act
ing as If on the defensive; did not see Adam vie
at all.
John higgins, sworn-Was at the 18th ward
polls; got there about So o'clock; was near the
window, and saw the Messrs. Kyle come up; heard
some remarks about tickets; there was sort of
pushing towards the Kyles, then saw George with
a dirk up over his head, and saw Adam draw a
pistol, and heard pistol shot; Mr.. Kyle fired
iirst; afterwards went to Mrs. Dotcherman's; saw
her husband there bleeding; saw Adam Kyle there
too; did not see Edwards at the house; saw Adam
llre three shots at somebody on the street; can't
say VINO II was, but thinks it was Edwards can't
say positively.
BY Mr.. Pinkney.-IIave known Edwards fiva or
SIX years; can't say that saw him about the polls
that DAY; passed thsough the crowd several times
that DAY; Adam was firing at the supposed Edwards
between Guiltord alley and York street; the other
man had his hand up as if firing at Adam KYLE.
Some witnesses for the defence being absent, the
Court at 81 o'clock, took a recess until five
EVENING SESSION.
At five O'Clock the Court reassembled. when the
defence called the following witnesses:
Doctor Harrison, sworn.-Was near the 18th
ward polls on the I'd of November, at witness
house on Light street; was at home when first
heard hring: looked down the street. but did not
go out until called out to go see some one wound
ed; was called to boy named Gilmore first. and
afterwards to see Mr.. Kyle, at Mrs Dochtermap's: $:
die not see Edwards at the house; saw Edwards on
the pavement he went down in front of the polls
and when witness returned he saw Edwards again
at the polls don't recollect seeing Edwards in the
house where :he boy was lying; but afterwards
heard somebody call his name as if to call him in
the house; Fillmore died the next day; he was shot
south Of the polls.
BY Mr.. Pnkney.-It was not more than two
minutes from the time the firing ceased that wit
ness saw Edwards at the polls.
Fdlzabeth Gilmore, sworn.-Was at Mr.. Floyd's
where my brother was lying after he was shot;
saw Edwards there with my brother; heard Of
the shooting and Immediately went over to Mr.
Floyds.
Mr.. 1ellOtt here announced that he had no more
testimony to offer lie then argued the case before
the Court upon the facts and the law He con-
tended that there was no evidence to show any
completely of Edwards in the murder of A. b.
Kyle, Jr., if there any charge to be sustained
against him, in this most unfortunate affair, it
could only be that of riotng
MIR. Pinkney followed on the other side, and con-
tended that everything went to show that Edwards
was participant in the murder. That when Mr.
Adam Kyle was on the ground, and was kicked bv
Edwards, he had already received his death-wound
and was dying man. That act showed partici-
patton in the death
Mr.. Pinkney, after reviewing all the testimony,
prayed the Court to commit Edwards back to the
custody of the Warden as the murderer of Adam B.
Kyle; also, that he be held for riotng at the 18th
ward polls on the I'd of November last; also for
assaulting with intent to kill Hugh A. Cooper
Mr.. lellott briefly replied to Mr.. Pinkney, when
the Court said that the question to be argued be-
lore 1t IN this case not to whether the ac.
cused be guilty not guilty of the crime of which
he was charged: if the Court TO decide that,
lt would be usurping the province both of the
grand and petit JurieS. The question which the
Court had to examine was, whether the magistrate
had such evidence before him as would Justify the
c0mmlta OF the prisoner to Jail on the charge, and
whether the State cOuld come into Court on hear
ing of such writ, and show by one or two affida-
Wits whether it was entitled to committal of the
prisoner on the charge. 1t was not for
this Court to weigh all the testimony Which
could be brought into court on a hearing, and see
II that witness or the other witness was testifying
truthtully. If that were the case, then the Judge
woad embody the Court, juries, and States Attor-
ney. The Court has simply to inquire whether the
magistrate had the right to commit, in this case,
upon the evidence brought before him, and whether
the commitment was regular. The Court thinks he
had right to commit. As to the question of bail
If the Court would refuse to take bail in the case,
then its action might PREJUDICE the case before the
Grand Jury against the prisoner, and if the Court
would admit to BAIL then it will be giving out that
the Court considered the prisoner innocent of the
charge. The Court will overrule the motion con-
tanned in the petition and order the prisoner to the
custody of the Warden.
Mr.. eliot asked the Court, if it considered that
there was no authority in that Court to admit to
bail.
The Court said it had no doubt of its authority
to do so, but in the present declined to exer-
else it.
The Court at seven o'clock was adjourned until
Saturday at 10 o'clock. Edwards then taken back
to Jail, apparently much chagrined at such termi-
nation of the case.