Year: 1859

|
MT preston bore upon the question before the court
All the apartments cited in these bore precisely
| upon the issue of the case.


Mr. Cuttings cited Greenleaf on evidence section 461
show the only legal means by which testimony OF
witness could be mpeached. He argued that none o.
these means embodied the testimony of experts or thei
experiments.


In conclusion he referred to the testimony of officers
Cook, Higgins Stuart and Correl He asked the Court
10 pay particular attention to the evidence of these
as to what they saw.


The counsel for the defence has shown no instance
where experiments have been allowed to be produced
evidence to impeach the testimony of any witnesses He
could not do so because according every law of evidence
1t would not be admissible


The Court said that it had frequently reiterated the
opinion that when points suddenly arise, in which
there may be doubt in the mind of the Court always
gave the prisoner the benefit of those doubts.


The best evidence the nature of the susceptible
of must be produced as testimony.


Where We have no books means Of considering the
subject in the way it demands we cannot pretend to be
correct in all our Judgments but following the example
p oner Judges we think it right to give the prisoner the


The Court therefore thinks the evidence is admissible
but it must be confined detailing the observations of
the witnesses in similar positions and with equal light
to that under which the observations of the States wit
nesses We're made The jury should be made the judges
OF the weight of the evidence


Witness contnued,-Was standing at Rigdons alley,
about two feet from the gate told his
back to the gate, but did not do it, thought critical
position witness could not identify any of the gentlemen
with Dr. Corre the other side of the street. witness
knew that DR. Corrie was to be in the party, but did
recognize him until witness him pass light on the
opposite side of the street.


By a Juror-Dd not the gentlemen pass Blanks
window


By Mr.. Preston.-The gentlemen were standing near
the pump witness was acquainted with these gentlemen
but could not identify them


Cross-eXamined by Mr.. Cuttings Witness recognized
Dr. Corrie after he passed light in store the other side
of Blanks DIR Corrie going east and after he had
passed about four doors east of Blanks the party who
was with Dr. Corrie stopped and Dr. Corre turned when
witness recognized the Doctor witness recognized
Doctor by his height and by his face hair witness
did not know any of the party then witness DR.
Corre was to be there and he looked the party
sty himself; witness standing little of Rig
dons alley; witness did not recognize Dr. Corrie on
Blanks pavement it very dark in front of Blanks
witness recognized Dr. Corrie four doors of Blanks
when witness first got to Rgdons the open
after standing there awhile the was shut up wit
ness thinks the window next to him entirely closed
before the party down the other side the lamps
were not burning did not notice the moon don't think
the street lamp was lit in front of Rgdons have
collection of looking at the moon don't know if the
was shining in the street.


By Mr. Preston-saw lady standing at the door, don It
know if she was remarkably fine looking LADY, witness
did not look at her. witness did go there to look at
persons near him. he looking the at the
party did not the ladys face if witness had her
face he has doubt but that he could have recognized
her again. witnes knows Mr. Whitehurst but could not
recognize him on the other side of the street


The Court said that this evidence admitted
the experiment was made night entirely dissimilar
to that on which the murder had been committed it
not dark night there was not the light, and the
moon was up, but somewhat clouded


Colonel Charles Webb, sworn.-Have recollection of
ever having tried to identify parties across Baltimore
street; have experience the subject


DIR Corrie sworn.-The prisoner is witness brother
witness passed by the locality of the murder not erv
well acquainted with the locality has tried if he
could identify man across Baltimore street upon hazy
night.


Mr.. Preston.-'Can you identify person across the
burning


witness.-"Have never tried that experiment.


BY Juror.-Witness could not identify Mr.. Brady at
Rigdon's alley.


Witness continued-Witnes, lives on German street.
the third door from Penn street. the lot does not go
to Cider alley there egress from witness property
to Penn street, there is back entrance Witness
perty 1.-THE witness here explained the situation of his
premises to the counsel witness was at home unon the
night of the murder sitting in the farthes room
back engaged in reading the bible to his wife, heard
era shots and as they got closer witness to the door,
as did also his wife, when his foot the pavement
he officer turn the southwest corner of Penn and
German streets; the officer the pavement, and
went down Penn street; witness followed immedi-
a'ely on without nat OF coat; witness house
is just 46 feet from the OF Penn street.
Just before witness got to the corner witness heard the
port of pistol; there six trees in row on Penn
street at that corner there is also lamp post Just before
you get to Calow's gate; when witness got round the
corner about 63 feet from the corner he man be
tween two three officers when witness got within ten
feet Of them ne recognized his brother as he raised his
head at that tme the prisoner was bleeding at this
the officers brought the prisoner to the of Penn
and German streets; Mr. Cook had hold of him and soma
other officers witness halted them there and had a con
versation with them


Mr. Cuttings asked if the defence wanted contradict
the statement of the officer.


Mr.. Preston said he wanted to show what was dome
then and what was said at that point.


Mr.. Cuttings objected to the testimony as no declara
tions OF third party could be admitted evidence
to the jury.


1t being two O'Clock Judge Price said that a.
this trial had occupied much time being now thu
seventh day, the court would be compelled to add two
more hours to its daily sessions and sit until seven ococ
in the evening and if it did noproceed more speedily thu
court would extend its sessions until 9 O'Clock.


Mr.. Preston "There has only been four hours of tn,
courts time, so far. ,nsumed by the defence"


Judge Price-"Mr Preston, the States witnesses have
been subjected to very long and tedious examinations
The court will take for hour then sit
until O'Clock"





On the assembling of the court Dr. Corrie was recalled
After the officers left the corner witness went into the
house, got his coat and followed after them


Mr.. Preston.-"Gs on and state what you saw and
heard


Mr. Gttings-''I still object to the evidence; no decla
rations conduct of the prisoner admitted as te
timony in the prisoners behalf


Mr. Preston said the whole offered evidence
by the State both before the of the prisoner
ter it, to the time when he confined in the station
house. the State has also offered the confession of the
oner and the defence is to be put off from eynannc
the evidence offered by the State. He contended that
the evidence should be admitted a part of the whole
transaction to show the condition of the prisoner when
he was confined in the watch house.


Mr. Machen said the ground taken by the defence wa
untenabe and argued that the evidence proposed
be introduced was not competent to go Ia the Jury


Judge Price sad the conduct of the prisoner at this
time might be admitted evidence.


Witness contnuedAfter witness had got his coat and
nat he started after and caught with the officers in
Pine street between German and Baltimore streets the
prisoner was then going down quietly and peaceably
when Pearl street. in Baltimore street man rushed
in the crowd and said "kill him and then struck the
prisoner witness did not know then who struck the prso
but he learned afterwards witness went to the sta
ton house, and officer Brooks admitted him. witness
the prisoner at the station house stretched the floor he
was bloody and evidently drunk he shaking head
and muterng NO. Sirree No Street, he appeared to be
very stupid


Benjamin CLANCY, sworn.-Am assistant warden of Bal
more city Jail: at the Jail the day when Corre
was brought in the day after the murder.


Mr. Cuttings objected to this testimony the mans
dton after the murder is lot evidence to the jury
it is irrevelant.


The Court ruled the evidence inadmissible


Mr. Preston What was the conduct of the prisoner
the time he was brought into the jail"


Mr.. Gittings-We object to that also upon the same
ground


Judge Price said the evidence was inadmissiBle.


Officer Flaharty, sworn.-Am police officer of the city
OF Batmore have not had much opportunity of noticing
the different clubs about the city, witness stationed
the Marsh MARKET nave been an officer about twelve
years. nave no knowledge about any of the clubs; has
never seen the prisoner with any OF the clubs


Mr.. Gittngs.-"There object to his testimony as he
has no knowledge about the matter at all.'


Mr.. Preston said the defence entitled show that
the prisoner had connection with any these clubs
the State had attempted prove that was an
member of some of them.


BY Mr.. Gittings-Wtness don't know if the prisoner
went with the plugs or Grip Raps" witness is sta
toned IN another part of the city, great distance
where the Grip Raps" and plugs" congregate


Officer Magee, sworn-Know some persons who profess
to belong to the plugs and Grip Raps" have had an
opportunity of seeing those in performing duty
as police officer; witness Corre but be
foe he saw him at the court house the day of Gam
brfs trial. then he the prisoner at his brother
laws stall in the Hanover market the prisoner
with OF the clubs.


Crossexamined by Mr. Gttings-witness is an officer
Of the Middle district, about mile and quarter from the
headquarters of the Plugs Crops identified with
the "Trip Raps" and Gambrill with the PIues witness
don't know If the prisoner member of any of these
clubs witness has members all these clubs CON
gregatng about the tavern OF Erasmus Levy they
there from all parts OF the town. witness Levys
after the trial; don't know if the prisoner there
not.


Captain Brashears, sworn.-Witness in the discharge
of his duty Captain of Police has had an opportun
ity of seeing the different clubs about the city, witness
dont know the prisoner at ALL witness noticed him par
ticularly yesterday, but does not know him.


Cross examined by Mr.. Gittings-Was Captain of the
Middle district the Plugs generally belong in the West
ern district; witness knew pretty we'll all the
young who knock around the city recoect
seeing the prisoner among any of them


George Shaffer, sworn-Witness knows the prisoner;
street. have known him some five or six years. witness
the prisoner previous to the murder of Rgdon
him at the Holiday Street Theatre the evening pvou
to the murder.


Judge Prce."what has this got to do with the case
Mr.. Preston?'


Mr. Preston said he intended to show that the prisoner
was at the time of the murder froc that he had been
drinking for several days. and from this misfortune his
mind had become entirely PROSTATE That this witness
knowing him and his family relations put him in an ON
nbus and sent him home that upon the next day he was
in the condition, and that he went down town to
hear something abo the Gambrill trial. and that this
witness prove his condition at that time


Mr. Machen.-We object to any thing being offered as
evidence about what occurred on the day previous to the
murder, irrelevant


Judge Price sad the evidence must confined to the
day upon which the murder committed.


Witness continued.-Went the court house to hear
the verdict in Gambrs case; did see Corre at the
court house before the verdict rendered. Corre
the court house, he was very much
this was previous to the verdict being rendered. when
witness the prisoner he in Knefelters restau
rant which is back of the thouse this about an
hour previous to the rendition of the verdict witness
thinks the general character of prisoner as an amia
BILE, kind hearted man, is very good far witness
knows.


Cross-examined by Mr. Gittings.-There was crowd
with the prisoner in Knefelters Crops was with him: