The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1860-11-28
Ia w INTELLIGENCE.
CRIMINAL coURr-JUpoE Boxp.

I UPtHIHg
names of witnesses for the State and defenc
were called. there being n very large mum
Der OF the latter. After the call, Mr. Whit
ney said one of the principal witnesses TO
| the State, John w. Cowles, the second witnes
! on the indictment, not present; he was sicl
| a-bed and he thought he could not go to tria
without him.-Mr. Whyte said the testimony of Mr.
Cowles was heard when Levy was tried, and i
amounted only to this: that he thought he saw Levy
| the ight of the murder at Coleman & ROGERS; h,
thought the State ought not to ask postponemen
| on that accountable Court thought the cas-,
| should go on.-The witnesses for the State were
| again called. Levi Hoffman returned non est
and several others not present, but returned
summoned.-Mr. Whyte announced himself read
for trial, and hoped the Court would not consent tt
a postponement.-Th Court said the case ought
to 60 on; while the jury being selected the
Sheriff could bring in the absent Witnesses
was agreed between counsel that one case should
be tried before the jury, they all involved the same
facts, and that the verdict in that case would de
eide the others.-Wr. Whyte elected to try the
case OF Jeanette Russell. The indictment charge:
Jeanette Russell with committing wilful and cor
rupt perjury, on the 10th day of August, 1860, in
swearing that Erasmus Levy was present at the
house OF John Hinesey on the night of the 26th oil
December, 1859. from the hour of o'clock in the
evening until II O'Clock at night, when the
said Erasmus Levy was not then so present.
Six jurors were selected from the regular
panel, when the Court directed venire for
forty taesmen. BY the hour of 12% O'Clock
completed, each one summoned being sworn upon
BIS ro'r dtre The following jury were sworn to
try the case: John Hoffman, George t. Gosnell
James II. Hogg, Henry j. Werdebaugh, James Git,
tlngs, VIM. r. Hurst, Wesley Stevenson, VIM. c.
Cornell, John Evans, Stephenson II. DUNCAN, VIM.
ii. Mclean, James Henderson. Mr.. Whitney then
related to the jury the facts in the case, and what
the State expected to prove, and said, if the State
proved that Levy was present in Lovely lane on the
night OF the shooting, be would claim verdict of
guilty as against the accused The State then pro.
duced the following evidence: Fredk Pinkney,
sworn-Was present on behalf of the State,
by direction of the States Attorney at the exami-
nation before Judge Barto in the habeas corpus
case OF Erasmus Levy, charged with the murder of
Franklin ii. Naf Jeanette Russell was duly
sworn IN the case, and testified that Levy was at
john Hinesley's house, from o'clock until u
O'Clock at night, on the night of the 2Gth of De-
cember, when Naf was murdered. BY Mr.. Whyte
DO not think the State had anv foundation for
the charge against Levy.-Mr. Whitney objected
to to tins testimony. Objection overrued -Witness-
The State had laid no foundation for holding Levy
when the witness Jeanette Russell was
examined.-By Mr.. Whitney-It was a
material point of enquiry in the examination
whether Levy was in Lovely lane or at John Hines
ley's at the time of the murder.--John H. Wit
man, n,sworn.-Wa as present at the examination be-
fore Judge Bartol; there as a reporter for the
Exchange newspaper; recollect Miss Russell being
sworn In the case; her testimony in the main was
that MIR. Levy at the house of John Hineslev,
on the night of the shooting, from o'clock until
II o'clock at night, when he etired.--John Nor
gan sworn.-At the time Of the shooting was
policeman. WITNESS repeated his testimony
given on Levy,ss trial. He saw Levy at
the mouth of Lovely lane and Calvert
street, that night, with others he knew, about s
O'Clock; did not speak to him there; spoke to him
on Baltimore street, after the shooting, near Cole
man Rogers; this was three quarters or an
hour afterwards.--By Mr.. Whyte.-Am certain
that it was Levy, whom witness saw that night
Joseph Reilly, sworn Mr.. Reilly repeated his
testimony, in the main, given at the trial of Levy
and at the habeas corpus examination. He saw
Levy in Lovely lane on the night of the shootng
he asked MIR. Eey if Natf was in there; knew Levy
by sight--John English, sworn.-Recollect
the night OF the shooting; was at the Front
Street Theatre; there all. the afternoons:
went home and got supper and went right back;
have been thinking over this thing; think | saw
Levy in the afternoon and at night; not positive
OF having a conversation with Levy at the Front
Street, that night, but think had; think somebody
told witness that night that Levy wanted to see
him, and think he went out and talked one or two
words: think it was the night of the shooting;
can't fix the hour; my impression is that it
was between seven and eight o'clock, il may
have been earlier later, can't recollect exactly
it has been so long ago; think | saw Levy in
Holiday street that night also; think walked
from Front street to Holiday street. and left him
somewhere near the Theatre, and witness went to
ball; don't know what time came out of the Thea
tire, nor the time went to the ball. nor the time got
to the bail.-By Mr. Whyte-Am not positive
that it the night of the Goth of December when
witness saw Levy at the Theatre; think Heenan
was performing on that night; Levy came there so
often can't recollect Dow.-By Mr.. Whitney
Can't recollect the conversation had with Levy.
Recess for five minutes.
Upon re.assembling, Mr.. Whitney said that Alex.
ander Thompson, a States witness was not pre-
sent an attachment had been issued and the Sheriff
had stated that he would have him in Court;he was
not present, and he desired another attachment
vi SoId hat
Mr.. Thompson was not competent to testify in the
case. He would show by the docket of the Court
that Thompson had been convicted in this Court of
malicious mischief, and had been shipped in the Uni
ted States service to save him from the penitentary
Mir. Whitney wanted the docket. The docket of
the Court for the year 1912 was produced. and the
Clerk read the entries of a case of the State u.s.
Alexander Thompson, for malicously entering the
house OF Betsey Osborn, and creating ariot-verdict
guilty, ordered to be shipped in the United States
service. MIR. Whyte said, by Act of 1885 it was
made Penitentiary offence. The act which
makes the imprisonment from two to twenty
years In the Penitentiary produced
john W. Cowles, sworn.--Was at Coleman g.
Rogers when Natf was brought in; know Levy by
sight; saw person in front of the door whom wit
ness believed to be Levy, but cannot swear that it
was he; the person spoke to, witness believes was
Levy. Elisha L. King, sworn.-Know Levy by
sight; saw person whom witness took to be Levy
in front OF the store of Coleman & Rogers, on the
night Naf was shot; did not speak to him; heard
him speak to Mr.. Cowles; am not willing to swear
1t was Levy; believe it was.-The State having
examined all its witnesses except one, named
Betelt, the testimony for the defence was COM
menced, with the understanding that Befelt
could be examined when brought in.-
Mr.. Whitman was recalled, and testified that the
report of Joseph Reiys testimony at the hearing
OF the habedS corpus case, as published in the Ec
change, was correct to the best of his knowledge.
john t. Ford, sworn-Was lessee of the Front
Street Ihreatre on the 18th of December last; Hee
nan did not appear there on that night;hs perform
ance closed on Saturday night, the oath of Decem-
ber.- - Claridge, sworn--Witness was a DO.
lice-oficer at the time of the shooting; went to
Lovely lane with officer Morgan; saw the crowd:
did not see Levy there's thinks saw everybody
BY Mr.. Whitney-Levy might have been there
and witness not have seen him.-Mr.
Stapleford, sworn-This witness repeated his tes
tmony given on Levys trial. did not see Levy in the
alley, and did not see him that night.-By Mr.
Whitney-Wa as not there when first shooting took
piace.--Henry Carroll, sworn-Was one of NafI7s
party; when woodward and his party came up the
lane, did not see Levy; knows him; was there dur
ing the first and last firing.-By Mr.. Whitney
Witness thinks he every body in the lane; Levy
might have been there and witness not have seen
him.-The Court at 81 o'clock took a recess for
one hour.
AFTERNOON SESSION.
On the re assembling of the Court, the evidence
for the defence continued.--henry p. Du
hurst, sworn Mr. Duhurst repeated MS testimony
given on the trial of Levy Did not see Reilly
talking with any person in the aley: saw three
men run from the lane; recognized Miller and
Gade; did not see Levy.-By Mr.. Whitney,
Know Levy; could have recognized him as well as
the others.-Charles W. Hipsley, sworn.-On the
26th of December last witness was at his fathers
IN the country; drove in to town about 7 O'Clock;
put horse away and went to Mr.. Hinesley' S;
they were all at supper; saw Levythere at that time
sat down near the stove; got warm and went out
BY Mr.. Whtney-Witness might have been ere
ABOUT three. quarters or an hour; don't recollect
whether left Levy at inesleys or not; recollect il
being the day after Christmas, from the fact that
witness went to the country on Saturday anG
returned on Monday evening; heard of Naff being
shot about 10 0oclock.-James o. McHenry, sworn e
Have known the accused from infancy; never heard
anything against her, until this charge was brought
against her.-By Mr.. Whitney-Have lived in her
neighborhood her general character is good
+. ii. B. Boyd, sworn-Have known the accused
for about twelve years; never heard her character
Robe Renwick, DR.. Coskery, ]. II. Loane Mr.
Barnitz, Mr.. Bryan and Mr.. Ahler, were all exam.
lned as to character, and all testified that they
were acquainted with the accused, and that her
character for truth and verscity was good
John ID. Ing, sworn.-Was one of the counsel at
the hearing of the habeas corpus case of Erasmus
Levy, charged with the murder of Franklin Naff
before Judge Bartol; the question at issue there
was, whether Levy was illegally deprived of his
liberty and detained by the warden of
the Jail; it was not material to the issue
TO prove that Levy was at Hinesley's that night
from to II O'clock the State made out no case
against Levy, nothing was proved to connect Levy
with the murder, and Judge Bartol not only said
there was no ground TO connect him with it, but
that there was nothing to excite suspicion against
him; Miss Russell was fully corroborated bv three
distinct witnesses.-By Mr.. Whitney-As q law.
yer and citizen witness thinks Levy was illegally
deprived of his liberty the papers COMMITTING
him were technically right.-Question- the
nan chnia ollur