The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1861-02-07

known hre to have taken place around the boiler
out 10 ne great extent; some of the couvics dep
recated the work in the barrel shop; some
work was pretty hard, but not too hard
John Young (negro convict) sworn-As far as
Know sam Green struck fire put to the floor;
Perry reached up pine stuff and nut il on the fire.
Butler took the fire and put it under the main drop
ROOF; Wheatey raked up shavings and put them
on the fire. was in little saw-room, and looked
underneath little pulley, and these men; it
was very small hole looked through; Green and
Perry went round by the dye house; the other two
went around by the dining room; was in church
when witness saw them, then came down and
thought they had chance to get up, and witness
went up to look; saw them first come out of the
dormltory; they made fire with finder: they had
bag with birthstone and rOsn in it, pounded up;
they placed the fire by the little planning machine
OF the mead turner's; witness didn't do anything at
the time, only started away from the shop before |
the men left it; the fire started between 10 and
IL O'Clock; heard these men talking about setting |
the place fire four Sundays before; Sam Green |
and Perry first started the talk was on the outside
of the engineroom, they were in the yard standing
near the englne-room door; heard them say they
would set it on fire Sunday before Christmas--
by detence.-Tod the warden about seeing the
men setting fire to the building when he asked wit
ness about it; this was after Christmas the prison
ers were locked up and each one questioned sepa
rately in the guard-room about the fire: did not
tell the warden about hearing them say they were
going to set the shop on fire; no one was present
IN the guard-room at the time except the warden
and witness; warden asked witness how he
came to set the shop on fire: witness said he
dlan 90 IT. the warden told witness be had better
tell the truth; witness then told what he knew and
what he saw; the men would get to ouarreIinp
sometimes, and witness would run up and hit them
with something, and then they would curse him;
the last quarrel was about two days before the fire:
witness went out to look at prisoners when Sun
day School broke up; called once before the
warden, and once before Mr.. Roberts; witness said
first that he only saw Wheatly and Butler 90 around;
never said he did not know ANYTHING about the fire:
| fro. he
shop about 10 or 20 hours witness intended to say
| mlnutes;I II witness would not tell the truth he
would be hung; nobody told MIN this; saw Perry in
the school when it commenced and when it broke
up; witness got to the shop about Is minutes
before the other men; saw Perry and Green
standing near the guard house, about half an
J hour before they went to the shop; wit
ness was standing near the paint shop
Lewis Binkheiser (white convict sworn. On the
| Sunday of the fire, after church, witness went
down between the wall and the little paint shop;
saw Sam Green come out of cooper shop, and came
by near where witness was standing; he much
excited. he came up to Perry; Perry said, 81
think it's all right" Green answered, at will be
ness.--By defence.-Only saw two of
the men; the white men came out of church
first; did not know Perry at the time;
knew him by scar his eve
Letevre Jarrett, sworn-Am Director in the Peni-
Tertiary; after the fire went into an examination of
all the prisoners who worked in Mr.. DuvalPs shop
and also those who roomed with them; sifted the
matter thoroughly, but held out no inducements to
them; Green and Wheatley made the admission
about setting the place on fire in the Lodge and
the other two made it at a place don't exactly
know, but it was inside the Pententary; said no
, thing to them at all; witness had heard that
t they had previously confessed and he
examined them; the first confession was
made in the guard-room, and afterwards
l Green and Wheatley confessed in the Lodge but
then Ferry and Butler denied what they had said
before; at the first interview after Mr. Roberts had
! told witness that these confessed the crime
Green, Wheatley and Butler then confessed, but
. Perry said he was there, but only went there to
get his moiasses can; Wheatley said Green lit the
fire with his Undertook, that then they went up in
Il the shop; they had yellow cotton yarn and brim
stone and rosin, which they used; they de
, scribed infinitely the way it was sci
n on hre, in two places, on the floor
:, and under the caves Of the dry-house
after got through with Wheatley, sent for Green
o Green corroborated Wheatleys testimony ac
It SnoWedged his guilt then sent for Butler and hi
n denied the crimes then sent for Perry, and he de
: MED 1t altogether; the yellow yarn spoken of re
tains fire; train could be laid which would burr
:, for hours without being discovered Fishe,
mere moved the Court to instruct the jury to throw
h out all the testimony given in regard to confes
4 sions made by the prisoners.-The Court though
. the motion should be deferred until the close of th
n case, when the matter could then be argued
d " liliam Andrews, white convict,) sworn
hecolects the day of fire; about 1917 o'clock saw
sam Green and Dave Perry going down to tn
~ shop; Perry carried coal bucket; smoke was com
ing out of it; thought it was fire; after church saw
q them going out of the shop; saw no one else bu
= these two.-By defence-Told the Warden abou
! seeing these men; it was about three days aGte
q Chrlstmas-William Hammond, (white convict
a sworn-Wltness saw the darkies coming from III
shop as he was coming from church: saw Samus
Green and Ed. Pcrry.-Several other witnesse
:, were then sworn, whose testimony corGborated thu
i facts above elicited.-At three O'Clock the Cour
= took recess for one hour.
b. AFTERNOON SESSION. g,
L reasSpmhlInu pf he tba tocti
ny for the State COMMUNICATIVE. Hurst
sworn-Am director in the penitentiary; on on,
e visit went to guard room and sent for Wheatlev
J. Wheatley made full confession of the crime; af
forwards sent for the others separately and the,
all three denied; Butler afterwards said there wa
: no use lying any more about 1t, AID he theI
It confessed to the crime, as did all the others; they
said they expected to get holiday by
r firing the shop; that two white conyicts had mad
, the suggestion to them to set the place fire.
V BY detence-Other persons present at tn
b guard house; told Wheatley he better make clear
breast OF it, as they had evidence enough to convic
e them; had the statement of the boy Dung befor
this confession was made.-Isaac G. Roberts
s. sworn-Am Deputy Warden of the penitentiary
e heard John Young s testimony; Young made hi
v statement about the fire to witness first.-J. II
J. Duvall, sworn-Am one of the contractors for tn
e work in the shop with the directors; Green ha
It repeatedly asked witness get him out of the shol
he was dissatisfied with the work; witness triet
4 to do so.-By delence-Always treated thu
=. men in kind way.-The State here closed ex
. cept to rebut.-Mr. Duval, recalled by defence
THE contract with the directors shown witness.
that is the contract with the penitentiary.-Mr
Fisher then read the articles of contract to tn
Il jury.-SOme testimony was then elected for TIT
defence.-Mr. Evans and Mr.. Roberts were re
y called for short xaminaton.-Several negro
. convicts were sworn, whose testimony was unim
d portant.-The testimony on both sides con
n cluded at 612 O'Clock, when counsel went before
:. the Court upon prayers, and at o'clock the coun
+ sci went before the jury.-The indictment wa
handed to the Jury at quarter past 10 O'clock, wit
n after an absence of twenty minutes came in anc
q rendered verdict of guilty" against all thu
: prisoners. They were then remanded to the Peni
e tentiary.-The Grand Jury presented Leonard
W. Gray, for assaulting with intent to kill, Georg
H. Kyle, at the Fifteenth ward polls, on the I'd o
' November, lS59.-The Court adjourned until thi
4 morning at 10 o'clock.