The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1860-08-18

and Marshal
Name promptly cancelled the recognizance, entirely
acquitting Mr.. L.
PROPERTY SALEs.-I esterday Messrs Gibson &
Co., sold at the Exchange salesrooms a lot of
ground situated at the intersection of Townsend
street and the Falls turnpike having a front of 40
ieet, and running back to the railroad Improyed
by two two-story stone dwellings, and subject to
the annual ground rent of 40 per annum Pnr
chased by James Hodges for $500.
For County, Yesterday evening n man namad
frahcls MeDermott was arrested by officer McCur-
ley, on the charge of assaulting F. McKenna He
was committed for Court by Justice Griffin Israel
Day was arrested on the charge of assaulting and
beating Mary Thomas. He was committed for
Court. by Justice Griffin.
MUSICAL INTELLTGENcE.-JohnA Anton, an organ
grinder was yesterday arrested by officer Ruther-
lord, charged with obstructing the street by draw
ing together too large crowd, to listen to the
Guicet sounds OF his musical box. Justice Logan
fined him 81 and costs
Az EXAMINATION BEFORE JUSTICE HISS
oT JOSHUA MULLY, WESLEY GADE,
AND WILLIAM DLX-MULLYAND GADE
COMNLTTED FOR THE ACTION or THE
GRAND JURY.
Yesterday at II o'clock NJ. Wesley Gade, Joshua
Mully and William Dix, had an examination before
Justice Hiss, the charge of being accessories To
the murder of Franklin H. Naff on the night of the
10Th OF December last Robert Morrison. ESQ. an
peared for Joshua Muy, and F. S. Hoblitzell
for Wesley Gade. Two of the accused, after the
following evidence was elected were held for the
action of the Grand Jury.
Henry Z. Duhurst sworn.-Witness was on Bal
timore street, at the corner of the Sun building,
when he heard the first reports of pistols or Guns:
walked down South street until he was in front OF
the Franklin bank building land directly opposite the
mouth OF Lovely Lane; private watchman Ad-
ans come out ofthe lane and run along South street
until he reached the door of Mr. Pittman's office
winch throw
Ing against the frame; when the watchman
came out of the lane. and as he turned
the corner he gave the rap for assistance witness
could see all the way up the alley, as the gas lamps
were burning brightly; while standing in front of
the bank, Naf approached and said he had been
beaten, and that his hat was up the lane and he
was going up for it; Naff was then bleeding about
the head witness told him that if he (Naf1 would
remain he (witness) would go up the lane and o ct
his hat for him; Naf refused to remain, and start
ed up the lane for his hat; witness saw him until
ne reached point near the pump in the lane, dis
tant some forty more feet from the mouth of the
lane; then crowd gathered round him; they ap
peared to witness to be in circle, and while in
that position the pistol was fred saw some person
iaii; think there were two pistol shots fred crowd
came running out OF the lane; witness recognized
W esley Gade and Robert Miller; can't say that
Levy was with the crowd; the party came running
out after the shot was fired.
Cross-examined by Mr.. Hoblitzell-Witness was
one hundred and fifty feet from where the crowd
was standing in a circle in the alley there were
lVe or SIX persons came running out of the alley
Immediately after the shot was fired; am pretty
certain there were two shots fired there was a
bright gas lamp on the corner of South street and
the lane; don't know that Wesley Gade fired the
shot which killed Naff; don't know who did fire it;
dld not see any person run up the lane from where
the shot was tred parties might have left the lane
by that directiOn can't say that either of the party
who run out fired the shot.
Marshal kane-Mr. Justice, it is not my intention
TO elicit more evidence at this examination than will
be necessary for holding the accused for the action
OF the Grand Jury.
Mr.. Hoblitzel said that evidence more nertinent
than that adduced was necessary warrant the hold
ing of his client as an accessory, and if it could
not be produced he would demand bis discharge.
Col. hane.-Mr. Justice, call George Shafner.
Mr.. Shafner sworn.-Wesley Gade told me that
he was alongside of Erasmus Levy when Nafl
was shot, and that Levy fired the shot, and
he (Gade) saw him do it; this conversation
took place some six weeks ago; Gade was
about half drunk at the time, but not so much so
as not to know what he was saying; the converse
ton occurred on the evening of the day on which
English and Levy had their difficulty; Gade ap-
peared angry at Levy and talked about fighting
Samuel McElwee swOrn.-0n the night of the
10th of December Wesley Gade came to where wit
ness was standing at Centre market space and told
witness that Natf had been shot, and he thought
fatally wounded he requested witness to 90 up or
send some person to Naf witness told Frederick
KONG to 60; Gade said that he was in the alley
at the time, and saw the man who did it; witness
asked him who it who RrAh the Shnt when
The case of Joshua Mully was then called and
John H. Whitman, reporter of the Daily Exchange,
was sworn, when
Mr.. Morrison, counsel for the prisoner, asked
what it was the design of the State to prove?
Col. Kane said that he wanted to prove that
Mully, on oath, acknowledged being present when
the pistol was fired
Mr. Morrison said that he would admit the fact
OF the accused being present. He then continued
to argue the case, contendng that the fact of
" no II or
The accused might have been there by accident or
| might have accompanied the principal in the muir
der to the spot, without the knowledge that the
murder to be committed. The mere fact that
he ran from the alley when the shot was fired did
not prove completely, if it did the State had bet
ter arrest one of its witnesses, (iley who tes-
tilted in the case of Erasmus Levy,) as the witness
swore that he was present and out of the lane.
Before the State could ask for committal it had
| first to prove that an understanding existed be-
tween the principal in the murder and the other
parties before they could be held accessories
| He asked for the discharge of Muy.
MIR. HoblitZe follow ed in similar argument for
| the discharge of Gade, at the close of which Col.
J Kane said that while he had other evidence of a
most important character, it not his design to
| produce it. He acted in this manner for the pro-
lection OF the States witnesses, for if thev were
known, and also the character of their testimony,
| there was no guarantee that they would not be
shot down in the streets. Parties had been so
dealt with, and even officers of the law had been
| nesses against noted criminals.
| MIR. Morrison cOntended that the State was bound
to produce the evidence if they desired to hold
Mully as an accessory He could be held as a
witness, for the State entitled to his evidence
| but not as an accessory. While Mr.. Morrison was
thus engaged John II. Ing entered in rather an uu-
| ceremenious manner, and presented himself in
front of the Justice, whom he informed that he
| been retained IN the case of Mully.
| This information was news to Mr.. Morrison, and
| also to Mully. Mr.. Ing rubbed the top of his
| head, and, addressing the Justice very blandy,
| asked II any witnesses had been sworn?
Mr.. Meraison objected to the interruption, but
on MIR. Ing begging for few minutes time to IN
derstand the case, Mr. Morrison waived his right.
The Justice informed Mr. Ing that no witnesses
| had been examined in regard to Mully, and that
| the case now being argued
| Mr. Ing took great pleasure in assuring the JUS
tice that ne was determined to be heard. He asked
that Mr.. Kane should be sworn.
Justice Hiss administered the oath to Col. Kane.
Mr. lng.-Col. Kane, did you make the oath upon
which the warrant for Mr.. Mully was issued2
| Col. Kane.-I doubt your right to question me
relative to that matter as am acting in nv cana
| city of Marshal of Police.
| Mr. Ing, (very much excited. Mr.. Justice,
| ask for suspension of proceedings, and for the
committal for contempt of this refractory witness.
know my rights and duty, sir. l ask for the com
initial of Col. Kane for contempt. l hope the dig
nifty of this tribunal will be sustained.
Col. Kane.-I did not refuse to answer, sir. /
only doubted your right to place me on the stand
| justice 1lsS.-Mr. Ing TINS case was closed, and
| you have opened it again; but you proceed.
Mr. lng.-Will Mr. Kane citizen, take the
witness stand and answer my questions in a respect
| full manner?
Col. kane.-I cannot receive a suggestion as to
what is respectful, or what is not, from such a
| source, nor can accept suggestions from him Oh
any subject.
Upon this Mr.. Ing only rubbed the top of his
head and looked wise Col. Kane testified to swear
| ing that he had reason to believe that Levy CON-
mitted the murder, and that Mully and Gade were
| arrested on warrants issued on that oath. He had
| no personal knowledge of the fact
| Mr.. Whitman testified to Mully having sworn
that he was present when the shot was fired which
| killed Naff.
| Mr.. Ing then went into an extensive argument
to prove that his client could not be held on the
evidence, and at the close of his remarks the follow
| ing conversation ensued:
Justice Hiss.-Are you done?
| Mr.. Ing.-I am, sir.
Justice Hiss.-I will hold Muy and Gade for
the Grand Jury.
Mr.. Ing.-And I'll have him out before week.
He then started for the door, and as he passed his
client he said-Never mind, Mully, FL have you
out before a week.
The case of VIM. Dix was then taken up, but
there being not sufficient evidence he was dis
charged The following is the evidence of expo
liceman John Nor gan.
John Morgan sworn-Heard the firing of pistols
and went to the corner of Calvert street and
Lovely lane; among crowd of men recognized
| Manly, Mully, Gade and Erasmus Levy, and thinks
Dix was also there. ......
| In reply to question asked by Marshal Kane,
| Morgan repeated that he saw the parties whom he
named at the mouth of the alley.
| Morgan was police officer under Mayor Swami,