The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1861-02-08

the Court acquitted him of riot on
the same grounds, and asked him if lie had
anything to say why sentence should not now be
pronounced upon him for mansaughter Ed
wards repiled: INLAY 1t please your Honor, | am
innocent OF the charge, and hope God will for
give those witnesses who swore falsely against me-
stand here in sight of my God, an innocent man,
and hope to meet those who swore against me in
heaven, where | shall endeavor to get to- Ed
wards appeared to be much affected and could
scarcely speak. The Court then sentenced him to
the penitentary for five years, and for assaulting
Hugh. a. Cooper and the negro Miller, to imprison
ment In the Baltimore city Jail for three months 3,
after his penitentiary term expires james
Logan, acquitted of the murder of A. b.
Kyle, was next placed in the dock on the
charge OF riot at the time of the murder, and
the case being submitted to the Court on the
evidence adduced in that tri the Court said 9Th
evidence with regard to the riot, charged in
this case. is ample. According to the testimony Of
George IL. Kyle, you were the first to commence
the fray, and all the other testimony for the State
proves concusively that followed it up to tn,
door of Dochtermann's, when the case assumed n
ditlereDt aspect-riot was no longer your object
With pistol in your hand waiting quietly the
forcing OF the door, you no longer merely contem
plated disturbance of the public peace. The
crime committed in the house. by whose
ever committed has been passed upon as to
! you by the tribunal to whom exclusively the
constitution and laws of this State refer it,
! What passed there can have effect upon
/
/ you have submitted to the Court. To meet and re
pei the evidence adduced on the part of the State
you have relied upon the proof OF an aib whicl
! If clearly established would entitle you to an &C
quittal But think it has not been established
| The offence commenced, as nearly be ascer
tanned, between half past eight and twenty minute:
to nine o'clock. The ab is proved BY your faith
| erin law, brother-in-law and sister law, and d
| lady living in an adjoining house, and one Other
| individual who saw you at the 18th ward poll
then being opened. Your father-in-iaw prov
! ed that you did not leave the honse afte,
you arose in the morning until eight minutes be
fore nine BY the clock, at which he looked wher
you went out together your mother-in-laM
proved five minutes and your sister-ir
law three minutes, yet they all say they ascer
tanned the time by the same clock 1t is strange
that they all should then have looked at the clock
and should Der distinctly, alter the tint
which has elapsed, and yet differ so as to the time
| by the lady living next door, it was proved tina
she saw you there after nine o'clock. To suppos
that the clock may have been Is to 20 minutes tot
slow, which is frequently the case with clocks ant
watches, would be the most charitable mode of re
conciling the testimony of the first four with TIL
truth, and the fifth did not look at any time piece
The proof of the witness who saw you at the seven
teenth ward-polls was confused and rather contra
dctory. On the whole, the proof of the alibi is t.
me, standing alone, very unsatisfactory, but it i
cOntradicted by the testimony of twelve witnesses
who you on the spot, the most of whom knew
you well; by Mr.. George Kyle and by your owl
admission to Mr.. Adam Kyle, ST., it PROVED
that you were there engaged in putting up flag
and not in the house. To believe the alibi would b
transcending the bounds ofhuman credulity. Mr.;
Dochtermann's testimony is not necessar
in connection with this case, but take the oppoI
tunity of saying that have full confidence in he
evidence, viii oh was attempted to be impeached.-
The evidence of some witnesses of your great re
semblance to Hiram Ford, and the reason that on
might have been taken for the other was contra
dicted by other witnesses, and is not at all proba
BILE regards witnesses who knew both so long
hn SnntD npt thnf thaf, 49,. IL, .
the Baltimore city Jail and confined therein for tw
years"