American Republican and Baltimore daily clipper. [volume] (Baltimore, Md.) 1844-1846, 1845-11-29
ERePor,ed for The American Republican,
BALTIMORE CITY COURT.
Pssn-Judgcs Brice, .S;sbtt and WorthiagtOn.
TRIAL OF WIN. STIRLING.

TRIAL OF VIM. STIRLING.
THURSDAY, Nov. 81, ls45 The Court met
this morning, agreeably to adjournment of the
previous day, in reference to the jury, in the
case Of VIM. Stirling, one of the young men
indicted for violating the person of Margaretta
Ehrmann, who had retired to their room about
7 O'Clock, on Monday evening.
The following is list of the Jurors Messrs
Daniel Crock, John B. Mathiot, Alfred d. Ev-
ans, George Brown, Joseph MCPHERSON, John
E. Hill, Daniel kone, Jno. J. Marsellas, Thos
Hines, Victor Vallette, Charles Rogers, Abra-
ham Hoffman.
Chief Judge Rrice, on behalf of the Bench,
directed f. Burke, one of the bailiffs, to ILL
form the jury that the Court was in session,
and ready to receive any communication they
might be disposed to make.
Mr.. Watson, on the part Of the defence
Will your honors allow me to make remark
CThe bailitf was ordered to pause moment
Presenting that you have concluded to dismiss
the Jury, in the event of their not having a.
greed as one of the counsel for the prisoner
having spoken with him, and my colleague, as
well as the prisoner friends, upon the subject,
| NEST respectfully ask, if you intend so to
act, in opposition to our desire to the con-
traryi
The Court. We aEe to determine that mat
! ter, independent of other considerations.
The Attorney General. 1t is undoubtedly
an independent prerogative of the Court
! They can act ct will. have nothing to say
in the matter.
! Mr.. Watson. The Court will perhaps re-
member the case of Brown, in which the Jury
were unable to agree, who, when called into
Court, and upon Mr.. McMahons Directing to
their being discharged, were remanded back to
their room by the Court.
| The Court. The right to discharge the Jury
cannot be questioned; and, under the belief that
the jury have been already sufficient time
! kept from their hemes-indeed, longer than
we think they should have BEEHIVE have de-
termined TO discharge them. Bailiff, go after
| the Jury
! The jury were brought down, and took their
places.
Mr. L. Servary, assistant clerk, called their
names-to which they al responded, as pre-
sent. He then propounded the usual questions:
"GentIemen Of the Jury, have you agreed up
on your verdict"
Mr. Crook, foreman of the jury, as an an
uswer, handed the clerk Il note.
! Judge Brice, During pause.) "Say gem
tlemen whether you have made up your YER
dict or not?'
/ Mr. Crook, Several jurors promptng.) We
have not; nor is their any probability that we
shall.
Judge Brice, (reading the notc) Gentle
men of the Jury, you say you cannot agree,
and have asked to be discharged. Is that your
desire;
q Mr.. Watson, (some movement and under
conversation, being observable among the jury.)
! Will the Court allow the Jury to be polled in
reference to their wish TO be discharged.
Mr.. Richardson. 1t does not require ma
lority to decide that matter. Besides, the re-
quest is very singular.
The Court. We only ask the gentlemen, as
a matter Of favor to them. Their answer
could not affect the exercise of the power of
the Court. Gentlemen, do you desire to be
discharged?
Several ofthe jurors responded, eyes" Mr..
Kone, "Well, do not" To this the Jurors
generally, replied, ave are all in favor of it,
! excepting him, pointing to Mr.. X.
The Court. Gentlemen ofthe jury, you are
fully discharged.
Upon this announcement, (some slight stir
prevailing throughout the Court generally
MIR. Hoffman, one of the jurors, stepping from
the box, declared the jurors to be set of stu
pid creatures, SC. That they had gone up stairs
after the case was submitted to them, on Mon
day, standing seven for a full acquittal, and five
for returning verdict of "assault with intent"
&c., (the last count in the Indictment; that, on
the second day, the seven, by way of compro-
mise, came to the conclusion that they would a.
gree to verdict of simple assault and battery
but where they found the count, or what
portion of the indictment authorised them to
conclude upon such verdict, remains a pro-
found mystery, as no person ever heard of it
before-for the reason that there was no such
count.) To this proposition there were two
converts, making nine for verdict of 'Eassaut
and battery" and three for assault with in
TENT" and thus matters stood to the period of
their being called into court, en- Thursday
morning, when they were discharged.
The three alluded to, were understood to be
Messrs. Hoffman, Evans, and Hill. The walls
of the jury room bear this significant inscrip-
ton, 1--WE will rot before we will yield" Thus
ends, for tile present, these most important
trials.