The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1860-08-31
Ia w INTELLIGENCE.
HEARING IN THE HABEAS CORPUS or
JOSEPH H. ED WARDS


The hearing in the matter of the haJeas corpus,
on the petition of Joseph II. Edwards, in custody
of the Warden of the Jail, on the charge of being
accessory to the murder of Adam Barklie Kyle,
Jr., on the I'd of November last, came up for a
hearing yeste rday at u o'clock, before his Honor
Judge Bond, of the Criminal Court
Frederick Pinkney, ESQ.,, Deputy States After
ney, appeared for the State and Coleman Yeott
Esq, for the petitioner
At the hour named Warden James made return
!, TO the writ, and produced Edwards in Court.
The clerk then called the States witnesses-sev-
enteen in number-and it appeared that five or six
| did not answer.
| Mr.. Pinkney here stated that the State would
have to ask postponement of the case, testimo-
ny material to the prosecution not in Court
In reply to the Court, the clerk stated that all
| the witnesses were returned summoned, except a
| Mr.. Wilson, who was non est.
Mr. YellOtt said his client, by the provisions of
! the Code, was entitled to immediate hearing.
The State had twenty four hours notice of the is
, suing of the writ-sufcient time, he thought, to
| procure all its testimony.
| Mr. .Pinkney said he was mot willing that the
State should be forced into the examination of the
case without its testimony, and was proceeding to
| discuss the matter, when the Court desired the
witnesses to be called again, and it was found that
| all answered except William J. Murray, for whom
an attachment issued, and the examination
of witnesses for the State proceeded with.
Daniel E. Myers, sworn-Was the committing
magistrate in this case; took no dispositions; ex-
| amned two witnesses in the case
| By Mr.. Nellott.-Have no personal knowledge of
the transactions not at the 18th ward polls ex-
amned two witnesses, VIM. j. Murray and Charles
| w. Hussell.
The Court here remarked that the Warden had
| returned three grounds of commitment, and in
quired which the counsel intended to take up first
Mr.. Pinkney said Edwards was committed for
! riotng at the 18th ward polIs and also for being
accessory to the murder of Adam B. Kyle; the pre-
| nyon not orll lato katl Al,
charges. The other charge was for assauting with
| intent to kill Hugh A. Cooper, which had nothing
| to do with this case.
The examination then continued.
| George ID. KYLE, sworn.-Was at the 18th ward
| polls on the I'd November; brother and myself ap.
| preached polls of 18th ward about 81 o'clock;
walked up to about Is feet of polls; had bundle
of tickets; some one asked what it was; said it was
| tickets; some one then tried to pull the bundle
| from under arm; heard brother say, George |
| am struck" witness then struck over the head
| and if it had not been for the crowd would have
fallen this assault was continued for ten or fifteen
| minutes; witness was struck half dozen times
before he drew his knife, and did not draw his pis-
| tol until he was shot; shot from the second
story of the engine-hOuse; there were some forty
| shooting at witness and brother; do not know Ed
wards; knows there is such a man. but do not know
| him.
By Mr.. Yellott.-Was unable to identify any
| one; did not know any one of them; has seen men
since then who were there but could not now say
|
| that time in all manner of ways; some with false
whiskers, some with coats turned inside out, aud
some with black faces; heard one crying out
"stop this-it is bad business all they cried wa
XIII the scOundres: it was utterly impossible to
retreat at first witness and his brother were sur
| rounded by the crowd; witness brother was shot
down in the street. before he got to the houses bro
| ther had several bullets through his clothes; he
was shot in the groin and in the head either of the
| shots were fatal
John s. Hoofnagle, sworn.-Was at the 18th
ward polls on the I'd of November; went there to
| vote; saw no one with tickets; went across the
street to Vauxhal and got ticket; saw the Messrs
| hyle come to the polls; one had something under
| his arm; saw the attack on them; Adam Kyle
knocked down on the opposite side of the street,
and while he was lying on the ground saw Edwards
come up and kick him under the chin; the firing
| then commenced at the Messrs. Kyle and witness
went into Vauxhall Hotel; they fired too; saw the
| Messrs. Kyle retreat; afterwards'was told bv an
officer that man was killed "deader than HIP
went downt to Mrs. Dochtermans where witness saw
| Adam Kyle wing on the floor bleeding; a gentle
man waa holding his head his knees at the
time.
By Mr. Yellott.-Tod Mr.. Walter Ball and Solo,
mon Pearson, of the Norfolk steamboat line, about
seeing Edwards in the riot have known Edwards
several years; can't recoect his dress on that day:
when saw Edwards kick Mr.. Kyle witness was on
the pavement of the Vauxhall Hote Adam KYLE
was about fifteen feet from witness; heard Edwards
say nothing and saw him have no weapon; Mr.
Kyle was ten feet from the curb when Edwards
kicked him; when the spree commenced a party
was putting up flags; Edwards might have been of
that party; pistols had been fired before Mr. X vie
was kicked; when Mr.. Kyle was on the ground he
was lighting up with his cane; they got that away,
when he drew his pistOl am certain Edwards
kicked at him, and think he kicked him In the chIn
there were fifty in the street at the times saw about
Two hundred come out of the engine house with
m9ske's ana guns; afterwards saw Edwards
gong into Mr.. Floyds house, to see about
child that was shot, he said; he was coming from
the direction OF his own house; he then in his
shlrtsleeves; don't know if he in his shirt
sleeves when he kicked Mr. Kyle; he had on boots
or Shoes don't know if he kicked with all his
might; didn't feel it; should Judge that he kicked
him, but won't say positively that he did; he only
kicked once; witness then went into Mr.. Fitzpa-
tricks house; when the man kicked, his back was
to witness, but he saw Edwards face Immediately
after he turned Mr.. Kyle was trying to protect
himself, but he had very bad show at it; had
personal acquaintance with Edwards for 10 or IL
years. live at 30 Hill street; lived there on election
day; did not see Edwards run after the Messrs
Kyle: did not hear of the boy being shot till after
Mr.. Kyle was kicked.
By Mr.. Pinkney-Am a steamboat engineer on
Edwards kick Mr.. Kyle.
George w. Hussell, sworn-Am police officer;
was moulder at the time of the riot; was standing
on the corner of Great Hughes and Light streets
looking while some men were putting m faos.
went into a cigar store for few moments, and
heard cry of " look out, boys, there they eo'
then heard the firing; George h vie retreating;
heard some one say 'there goes Joe Edwards wit
ness saw Edwards coming across Light street from
the East side and when he got on the fagstones on
ork street he stopped and pointed his pistol at
George Kyle, but witness don't think he fired-at
least saw no smoke; the crowd at this time was
rushing towards DOchterman's house.
By Mr.. Yellott-W ould not have noticed Edwards
perhaps, if witness attention had not been called
| to him by young man; witness was about seventy
yards south of the polls, and York street is about
forty feet north of the polls at the time witness
tha nod
dspersed think Edwards had on a black slouch
hat, but can't say the color of the coat; think it
was light coat; Mr.. Kyle, when Edwards pointed
the pistol, opposite Pritchett's tavern between
York street and Guilford's alley; recognized
Edwards as he crossed the street; Mr.. Kyle had his
| pistol out also, pointing at Edwards; supposed
Edwards had pistol as he had his hand up; can't
swear that he had pistol in his hand did not see
it; could hear words spoken between them;
neither fred-at least witness saw no smoke crowd
| then rushed towards Mr.. George Kyle and he re-
treated and witness lost sight of him and Edwards.
By Mr.. Pinkney.-Have known Edwards many
years by sight.
Jerry Griffin, sworn-Reside at Vauxhall Ho
tel, opposite the polls; the riot; saw the Messrs
| Kyle come to the polls, and saw the affray; saw
| Edwards in the crowd at the BEGINNING: saw Ed.
wards strike Mr.. George Kyle with his fist; fight
| commenced between the Kyles and the crowd; saw
| George Kyle knocked down. saw Adam Kyle 90
ing down Light street; he shot; have known
| Edwards six or seven wears; he was in dark
| clothes on that day; did not see Edwards with a
! weapon that day.
BY Mr.. Gellott.-Was standing onVauxhal pave.
| ment when witness saw Edwards strike Geo. vie;
Edwards was on the pavement and Mr.. Ky vie was in
the street; there about $50 people all around in
| the street; there had been pistols fred before Mr.
| Kyle was struck; saw Mr.. Kyle fire; did not see
| Edwards fire; am positive that Edwards struck at
Mr.. Kyle; when the affray commenced there were
| about fifteen or twenty around saw others strike
| Mr.. Kyle; there had been shots fired before Mr.
| Kyle was struck by Edwards about dozen; Kyle
Adam Kyle, who was going down Light street
This witness appeared to be much confused, that
| Mr.. eliot waived any further examination
| William .. Murray, sworn.-Am a machinist; re
| side at l72 South Charles street; was going on ar
| errand from the shop to the steamer Georgana, al
| Light street wharf; saw Adam Kyle with a pisto
In one hand and cane in the other, in the streets
he had his pistol up, traversng it towards Edwards
who was also in the street, with a pistol in hi:
hand, pointing at Adam Kyle. as if defending him
self; did not see them shoot; heard shooting after
wards; saw Mr.. Adam K yle knocked down before
| the shooting; witness went to the shop as soon a.
| the firing commenced.
By Mr.. Yellott.-When first saw the Kyles
| George was on the northwest corner of York ant
Light streets, and Adam was backing in the street.
in Light street, with his pistol in his hand; il
| front OF the Watchman engine house, George had
| pistol OUT Adam had one, too; no shots had been
| fired then; heard two or three shots when wit
ness left; did not see Edwards or the Kyles fire:
Edwards was little further south than Adam
about Is feet; don't know who knocked Adam
down; he was struck with the fist; did not see Ed
wards strike him.
BY Mr.. Pinkney.-Can't say what Kind of a ps
tol Mr.. hyle had; Mr.. Kyle appeared to be defend