The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1861-03-08

then left, and as they passed out, shot at an old
negro man on board; it clear. starlight
night and any thing could be seen quite MAINLY in
the caoin.--Coroner Sparklin deposed that he
held an inquest over deceased; found wound from
a pistol ball, near the right shouldar bIade
and slight cut upon the mouth William Fav.
rough-looking young fellow, about eighteen
years OF age, was sworn, and deposed that he was
forced to swear against jury; was arrested as
witness and taken before Marshal Kane and com
mitted to Jail as accessory: they told me that if
didn't swear against Jury | would be in
dicted as an accessory, and also for periury:
man named Clark was at the Jail and wouldn't
let me sleep; man named Rooney made me swear
against Jury. 1t will be recollected thar this wit
ness testified before that he rowed Jury to the
schooner on the night of the murder1 Hesbot me
IN the knee at Curtis creek, and compelled me to
swear against Jury; he said that if would only
swear against him could get out of Jail in FIVE
minutes; don't know Jury; never saw him before
l saw him in Court; did not row him to the
schooner on the night Smith was killed.-Mr
Sterling stated to the jury that the State had relied
upon this witness principally for a conviction but
as the witness had failed to testify to the same facts
that he had before deposed, he would feel bound,
upon the testimony, to abandon the case, there
being no testimony to identify jury with the
crime. He did not, however, believe word
the witness had uttered, he had made An en-
tlrely different statement to him a few DAYS aga
ne submitted the case, asking a verdict of acuut-
verdict OF not guilty, and the prisoner was dis
charged from custody.-The cases of John Hines
ly and Edward l.. Thomas, indicted unnn the
charge OF abducting negroes out of the limits of
the State were next called for trial. having been
peremptorily fixed for to-day Mr. Sterling sta
ted to the Court that if he allowed time he
thought he could procure testimony which had NOT
been furnished by the Grand Jury. VIM Pinknev
Wnyte Esq, appeared as counsel for defence and
stated tn he ready for trial-The Court
did not think it would be proper to postpcne the
case as it had been fixed peremptorily for trial.
He would therefore order il to 90 on-Nr
STERLING replied that he would, under the crcum-
stances, avail himself of the right of removal as
ne believed, If time were allowed him. he could
bring testimony to connect Hinesly directly with
the transaction. II he was for ced to trial now no
might as well abandon the case.-Mr. WHITE
objected to the counsels expressing anv such he
lef unless he would name the witness by whom he
expected to prove these facts-After much de-
sutory discussion the suggestions were filed and
the cases removed to Baltimore county-James
Stebel, indicted for renting a bawdy house, was
released upon $500 bail, Manuel Stiebel becoming
OBSERVATION-DISCLOSURES at one O'Clock adjourned until
to-day at 10 o'clock.
CITY CIRCUIT COURT-JUDGE KREBs
Thomas Dreamer, James l.. McPhail and George
w. Flack Us. Baltimore United Fire Department.
The injunction heretofore issued in this case to pre
vent the sale of certain stocks &C., held By the de-
partment was decided by the Court to be made per-
petual.-Wm. Woodville ct al u.s. Levi Eoston
and Hezekiah Easton. Opinion of the Court filed
that the defendant, j. Philip Roman as ASSIGNEE of
the mortgage of May Both, 1856, is entitled to re-
celve, as the first incumbrance the said proper
ty, out of the proceeds of said SALE the sum of IF
teen thousand dollars the amount of the debt So
cured by the said mortgage, with interest from the
date thereof, but ere the same can be allowed To
MIN, he must bring into court the sum of Sl3 900
the amount of the purchase money of the said
mortgage, for which the check of said Roman, re-
ierred to in the proceedings, was drawn, with in
teres thereon from the date of the said check to be
PAID to whoever may be entitled thereto, upon the
production and filing in COURT the said check
10 De enthusiastically committee of Hoffman
Us. Mary Ann and George D. Stein, exceptions
to the appeal bond rendered on behalf of complain
ant from the decree of this Court. After argu-
ment, the Court passed a decree compelling the
complainant to pay to the defendant the amount
claimed within thirty days from this date, or for
felt certain property in case of failure.
SUPERIOR COURT-JuDeE MARTIN.
WI, i: /. Troxal ct al. Us. VIM. Applegarth and j.
w wilmington, garnishees of L. X. Dunnock At
tachment on judgment. Not concluded. -Geo.
e. Hoyt as. The Baltimore and Ohio Railroad Com
pany, garnishees of Henry D. Mears. Attachment
on judgment. Brent, May and Poe for plaintiff;
Latrobe and Gill for garnishees. On trial.
BALTIMORE COUNTY coURT-JUDaE PRICE.
TowsoNTowN, March Z, 1861
jury of inquistion was sworn to assess the
damages and costs in the case of G. A. Stork Us.
James Harrison, for lumber furnished and a yer-
dict of Sl5l.74 allowed the plaintiff State u.s..
Thomas johnson, alias Tom Tit, indicted for as
saulting with intent to kill and murder George
Graham, alleged to have been committed in Raj.
timore on the night of 23d of November, 1860.
George Graham testified that on the above nj pht
he was at dance, where he was robbed: the
prisoner was also there and difficulty occurred
between them: they however made friends, but
when witness was on his way home he was pur-
sued by the prisoner and two others; bricks were
thrown at hun, and the prisoner caught him nv
tne waist, at the same demonstrating him three
times In the SIDE and spine; witness caught him
ana called Tor the police, who came and took the
accused to the station-house; the blade used was
ABOUT three inches In length, and witness was disa-
bed for three four weeks. The remainder of
the evidence in this case was of such a character
that we withhold 1t from the pubc-the assault
| having been committed through jealousy, in re-
| gard to women of iIl-fame, residing in Chesnut
| commonly called Potter street. The case was ar
gued before the jury, by Mr.. Cowan for the de-
ence and Mr.. Cuttings for the State Verdict ssnot
guilty on the first count. but guilty on the second
count" This is guilty of a common assault.
johnson asked the Court to please sentence him at
once, but Judge Price refused.--State Us. Michael
Moon, indicted for perjury, alleged to have been
committed in the Baltimore CITY Criminal Court,
on the 3Oth of March, 1860, by falsely swearing
that his dwelling, on Eden street, was unincum-
oered, when there was a mortgage on it for two
hundred and eghtv-ive dollars 1t was in evil
dence In this case, that the accused went bail for
Edward Keenan,, in the sum of $1,000, for his APP.
pearance to answer to charge of assaulting
John Scott. The bail was forfeited, and
when the Sheriff went to make the
levy on the property, Moon said the house did
not belong to him. The Sheriff asked him if he
did not swear in Court that it did, and Moon repli
ed, yes, but man can be worth property to-day
and not worth it tomorrow" 1t was also in eyi-
dence that the accused did not know what "an in.
cumbrance meant, and the State abandoned the
case Verdict not guilty. Mr.. Cowan for the de-
fence The State entered the plea of not guilty
In the case of the State u.s. Joseph Arnet. Il stet
was entered in the of John Hett upon which
| new trial granted for selling lager beer
without a$icense.-The Court adjourned until
tomorrow morning.
COURT OF APPEALS OF MARYLAND.
DECEMBER TERM,-ANNAPoLIs, March NO %.
Especial docket) NJ. Stegerwald Us. Thomas Wi
mans and others. Appeal from the Circuit Court
OF Baltimore City, from an order refusing an in
junction Chief Justice LIE Grand delivered the
1pinlon OF TINS Court. Appeal dismissed. Justice
Bartol dissented.-No. l59. James Denton and
wife rslsrael Griffith. Appeal from the Equity side
oil the Circuit Court for Calvert county. The ar
gument in this case was further continued and
concluded by Alexander Randall for the appellants
and Z. >. Parran for the appellee,
SUPREME COURT OF THE UNITED STATES
WASHINGTON, March 6.-No. 1877 The United
States, appellants, u.s. James Enright. Appeal
from the District Court of the United States for
.1e northern district of California. On motion of
missed Ne. 22l. The United States, appellants,
Us. Mariana Castro. Appeal from the District
Court of the United States for the northern district
OF California. On motion of Mr.. Attorney General
Stanton, this appeal was dismissed -No. 3O4.
The United States, appellants, Us. BENJAMIN d.
Wilson, substituted for Juan Gaardo Appeal
from the District Court of the United States for
the southern district of California. On motion of
MIR. Attorney General Stanton, this appeal was dis
missed.-No. SO. The city of Carondelet, plain
tilt IN error, Us. The city of st. Louis The argu-
ment OF this cause was commenced by Mr.. Hill for
the plaintiff in error, and continued by Mr.. Blair
Tor the defendant in error.-Mr Attorney
General Stanton then addressed the Court as fol.
lows: " '0i
May it please the Court, have the pleasure of pre-
sentng the Hon. Edward Bates, who has been commits
stoned and qualified my in the office of At
torney General of the United States In takino Iaave
sr OF my ohca relation to this Court beg to return
my sincere thanks for the kindness and attention that
nave always been exhibited towards me- and to
my profound respect for yourself Mr. Chief Justice and
your associates and earnest wish for the stability of
TINS trlounal and for the health and happiness of the
Judges whose wisdom and learning adorn it,,
10 which Mr.. Chief Justice Taney renIiad.
Inc court thank for the kind terms in which Won
nave taken leave of them your retirement from office
anu IN return, tender to you personally the same kind
wishes hat on have been pleased to express for them
Whereupon the Court ordered the commission
appointing the Hon. Edward Bates Attorney Cen
eral OF the United States and the oath of office to
De read In open Court and to be entered upon the
mnutes-Adjourned until tomorrow, eleven
O'Clock. '
DOJESrrITS N1ADuU,rue,