The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1860-10-12
la w INIELLIGENCE.
CRIMINAL CoURT-JupqE BoNr

CRIMINAL COURT-JUDGE BOND.
State Us. Erasmus Levy, indicted for the murder
OF Franklin IL. Naf by shooting him with a D istol
on the night of the 26th of December last. Messrs
Kraft, Ing and WHITE for the defence. This case
had been set for trial yesterday and as it attracts
good deal of interest, the Court room was very
much crowded. After the Grand jury had re-
tired, the names of the talesmen summoned were
called by the clerk. The States officer then de.
sired the names of witnesses for the prosecution to
be called. which done with the following re-
suit John English did not answer Levi Hoffman
present-(as soon as Hoffman answered he was
taken into custody by order of the Court and locked
up); VIM. G. Jones did not answer-returned
summoned; James Cordery, Alexander Thompson,
Joseph Reilly, James McCann, Henry P. Duhurst,
officer Stapletord, Charles Carroll Thos McDer-
mott and X. Stockett Matthews were present; John
Walter, Daniel Broderiek, DR.. Baxley, VIM Con-
way, John ID. Calwell, Joshua Mully, Henry Cla-
ridge and William Walters did not answer-Mr.
whitney said that some of the witnesses for the
State were returned non est. English at Court
on the last day when the was called and after
answering to his name had left the Court-hou
and was not seen since. An attachment had been
issued and given to the Marshal of Police who was
deputlzed by the Sheriff to it, and it had been
returned endorsed est.--The Sheriff stated
the same to the Court.-Mr. Whitney said an
other witness, Mr.. Elias King. did not answer but
he was under security of 81 900 to appear here He
thought it strange that Mr.. King should have been
put under bond, in such an amount, when English
was allowed to roam about without any security
being required of him.-Olficer German who
had the attachment against English was sworn
and stated that he was officer of the police de-
partment he had made diligent search for Emo
lish; had not seen him, and did not know where
he was He had received note from English last
week, dated Baltimore, Oct. 9th, in which English
announced that be would leave town on Tuesday;
the note did not say where he could be seen, or
anything else.-Mr. Whyte said that he under
stood Mr.. King was sick in the country with
eryslpelas.---The Court inquired of Mr.. Whitney
Ia IN trsa
that the State could not go trial without these
witnesses; as to Mulley, he could be brought to
the courthouse in a hack; as to the witness VIM
walters, he had never been summoned; he had never
been seen in town since the occurrence; as far az
Mully was concerned, he could go to trial and take
the chances of his being brought here but he could
not proceed without the others-Marshal Kane
was then sworn, and stated that he did not know
where English was; he had made dilipent search
for him, but he could not be found; as to William
Walters, another witness, he had not been able to
procure him yet, but he thought he could do so in
short time; he believed Walters was a witness to
the murder.-The defence desired the Clerk to
call their witnesses, nearly all of whom answered
= Mr.. Whyte then said that the defence was
ready for trial. Their witnesses were here now for
the second time, and for the second time the pris-
oner was ready. He was entitled to a speedy
trial. it was his right The Court had alreadygiven
the State one week after the trial day to get its wit
nesses.---Mr. Whitney remarked that the State had
done all it could do to get the witnesses The State
was not III Il conulIlOH 10 go 10 trial MIR. Kraft
OBJECTED to a postponement as a. so did Mr. Ing
Alter considerable discussion by the States At
torney and counsel for defence, Mr.. Whitney said
that he had been informed that the Marshal could
get the witnesses in reasonable time.--Mar-
shal hane was again sent for, when the Court
in few remarks, said the prisoner was under
the constitution, entitled to a speedy trial; if
the State, however, had not the witnesses
and had used all diligence in procuring them
it was ground for postponement-the State had
used the process of the Court to obtain the
witnesses in this case. The prisoner, however
ought to be tried during the term when the in
dlctment was found. The State has no right to
Keep the prisoner inearcerated from term to term
and not go to trial. The Court desired to give
speedy trial to the prisoner but if it received in
formation from the States officer, no matter from
what source 1T came as to the probability of get
ting these witnesses here in a reasonable time the
Court was bound to consider the information The
Court desired to know what the information was
that had just come to the know ledge of the
States Attorney; if it was not sufficient
to postpone to certain future day, then
the Court would consider the propriety of taking
6all IN the ease.-Marshal Kane again came into
Court and after some conversation with the States
Attorney that officer remarked that it would be
impossible to tell upon what day the witnesses
could be brought up. He would propose to post
pone the trial generaly.-Mr Whyte-That
course would be very unjust to his client-The
Court after hearing some few further remarks from
counsel, said that it would postpone the case until
Thursday, the lst of November; if then the State
was not ready to 60 on, it would consider the pro-
Rriety of baing the party. In reply to Mr.
Whyte, the Court further stated that it would con-
fine the State to strictly legal obections-it will
have to proceed if there is no legal excuse-
Several witnesses were then taken in their own
recognlzances to appear on the lst of November-
Hoffman was required to give $1,000 security to
appear-The Court adjourned at l215 O'clock
U. s. CIRCUIT COURT.-JUDeE GILES.
VIM. E. Pearse and Charles Sinuickson us. The
Baltimore and Ohio Railroad Company. Motion
for an injunction to restrain defendant from fur
ther payment of the Extra Dividend. Before re-
ported. Opinion of Court delivered, overruling
the motion and dismissing the bill without preiu-
dice.
Nothing done in the CoURT OF COMMON PLEAS
New JURY.-The following are the names of the
jurors drawn yesterday by Sheriff Dutton, in pre-
sence of Judges Marshall and Krebs to serve for
the second three weeks of September Term, 1860
IN the Superior Court The drawing took place in
the City Circuit Courtroom Frederick lowering
John G. Lester, Eugene Higgins, William Dulanv,
ID. f. Levering, Henry Duyall Christopher Her
gesheimer, Ephraim Larrabee James L. McPhai,
Moses Hyde, Charles Hinkley, Thomas W. Hopper
p. +. Hook, A. V. Houck, Thomas Ellis, Thomas
Poultney, Stephen Lynch Richard McConn Elias
Livezev, II. p. Garish James Cropper, Charles A,
Warner, VIM. F. Dalrymple, VIM. Goodwin, Jr
John I. Linderman. = I.lgE 5TE
SUPERIOR C0URT-JUDdE MARTIN .s..
GEORGE +. Lauman and others us. VIM. F. Dali
rymple. Action on covenant. Before reported. Not
conciuded.--Assignmen to-day 2lS to $50. ..e5,t
EXTENSION OF TELEGRAPH IN CUBA-The
cuban Government has authorized and provided