The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1860-08-17

yesterday that Woodward was dressed in dark
clothes, with high silk hat did not Levy at all
in the crowd; knows Levy; witness was not in the
alley when Naff was shot, he had ran off when he
(witness) was fired at.
By Mr.. Ing.-When the three men came up to
Naff, Levy was not with them; knew Levy well.
By Mr.. Pinckney.-None of the party appeared
to be disguised; there were no hats pulled down
the face.
BY Judge.-Saw one kick at the door.
BY Mr.. Yellott-One of witness party raped
at the door; when Naff's party went in the alley
there were two on the steps, they had high hats on
neither Levy.
Charles Carroll sworn.-This witness also testi.
fed Woodwards trial, and repeated his testi-
mony yesterday. Neither of the three men who
came up the alley was Erasmus Levy; did not see
Levy in the lane that night; know Levy.
Mr.. Pineknev here stated that he had no more
testimony t. offer; there were other witnesses who
were to appear to morrow, (to-day) but they were
not present and the State would have to close.
Mr.. Ing read the published testimony of DR..
Baxley, given on the trial of Wesley Woodward,
wherein the doctor stated that Naf had always
accused Woodward with shooting, and then called
the following witnesses for the defence:
Mrs. John Hinesley sworn.-Live on the corner
ct Calvert and Pleasant streets; on the night ofthe
10th of December last Erasmus Levy came home to
tea at 6 O'clock and did not go out that night; he
retired at II O'Clock; Levy boards at witness
house; has boarded there year and up to the time
he was arrested; there present that night,
witness brothers, sister and Mrs. Hinesey; the
party were all in the dining room until twelve
O'Clock; they were celebrating Christmas; it was
Monday night, Christmas coming on Sunday they
were not allowed to sell any liquor; at about
O'Clock Mr.. Hnesley came in, and said he was 60
ing down town, that he had heard Naff was shot,
and aI he was going to see about it; when
HineSley said this, witness turned to Levy,
and said, "Ras-we always call him Ras
you're out of this scrape for once;" positive
Levy did not go out that night; witness asked him
to spend the evening at hOme and he said he would
rnrlh oil,
ho got, and took off his coat; Levy went to bed at
IL clock, and witness thinks be could not have
gone out after tnat without her hearing him, his
room is next to hers he dressed on that day with
grey overcoat and brownish slouch hat with a
round top.
Miss Jeannette Russell (sster of the last witness)
sworn-Live with my sister; spent the evening
with her on the night of the 26th of December;
MIR. Levy was there with the company in the dinin
room from until II clock, when he retired; wit
ness brothers, sister and Mr. Levy were there; am
positive MIR. Levy did not leave the premises that
night.
Thomas Temperly (brother of Mrs. Hnesley)
sworn.-Was at Mr.. Hinesleys on the night of 26th
December last staid there from until IL o'clock;
Mr.. Levy, sisters brother, Mr.. Hinesley and Mr..
Hipsley were there; Levy wore a light slGuch hat
that time; witness staid until IL oclock heard of
the shooting of Naff from Hinesey; Levy was there
then, and when witness went away.
William Russell "a half brother of last wtness)
sworn.-This witness cCrroborated the testimony
of the former witnesses as to Levy remaining in
the house during the whole evening, &c. He also
stated that he had telegraphed to Philadelphia for
MIR. Hipsley, but he had not arrived.
The petitioners counsel then remarked that it
was useless to proceed further with the examina-
tion of any other witnesses; it perfectly clear
that Levy could not be connected with the murder,
and asked his discharge.
Judge Bartol.-There seems to be no ground of
suspicion attached to the prisoner to connect him
with the shooting, and the Court will therefore
order his discharge.
The following order was then passed.
In The matter Of the Petition Of Erasmus Levy for Habeas
Corpus
Having heard the evidence of the State and of the
cused, and there appearing sufficient evidence to
horize the detention of the prisoner, it is hereby this
10th day of August, 1S60 ordered that he shall be
mediately released from custody. ()
JAMES L. BARToL, ; SEAL.
One of the Judges of the Court of Appeals ~