The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1858-06-11

Aay please The Court
Before proceeding to the regular business of the lay
crave the indulgence of your Honor for single monert
in order that may discharge duty myself, my fam
y however humble they may he and to this tribunal of
which have the honor to be officer. hold in hand
yesterdays issue of what is called the Duly Exchange
where appears in its columns In its editorial of that
day am grossly and wantonly attacked. Without the
specification OF single act of derelction of duty
my part, that paper contains the sweeping charge of
the known faithlessness of myself in the discharge
those duties reposcd in by the people composing this
community and with it is coupled general charge Of in
efficiency upon the tribunal vested with the admnstra
ton of justice in criminal cases This is not the first
time that have been, in my ofcia! capacity, wanonly
assailed and grossly misreresented by what now turns
out to be a totally irresponsible sheet-the names Of
whose editors conductors, like those OF well known
thief are carefully and studiousy concealed from the
public
Knowing heretofore as did that these slanderous at
ack originated from private animoslties and petty ea
ousies and in way connected with honest desire
to effect reform in the administration of justice have
allowed these fasehOods and Misrepresentation until the
present time pass by unnoticed am no friend of
newspaper controversy-neitler have at my command
the columns of one in winch to carry on such warfare
but now feel it to he duty to myself my family and my
friends in this place and upon this occasion to call the
attention OF this court and this community To the base and
scurrlous ISLANDERS contained against this tribunal and
myself individually in this irresponsible sheet the
of whose editors concealed from this community.
No one can he more ready and willing than myself to
accord the right to conductor of public journal to
make such comments upon the public of any public
man as they the interest Of society may require
1t is only their right, but their duty to do; first
STATING their facts and then making their commentshpt
deny the right of any Journal however low it
and whether its paternity is acknowledged not, of
attacking the official character of any man without first
giving the community the facts upon which such attack
| is based
Such is the pursued by the prorretors of this
journal, whoever they are-I know them not-ke the
woodchuck, after enjoying the sunshine for brief
SON. they have retired to their holes But desire say
Them whoever they that in pursuing this course
they have stamped themselves if low born at least
low bred, cowardly bellers, contemplate calum
niaarS of private character, and miserable retailers in
falschood My official of record and it is
to that record onng to the book before the clck that
refer this community for an account of my steward
ship.
am at all times ready compare it with any preced
ing record Of time If at any time these calumniaors
desire to deal in facts ready to settle the
Those matters of record about which there
no mistake The CALLED jade may vince, and the disap
pointed may writhe in their agony have been
ed by the people of Baltimore to fulfill the duties of
this Office and shall be deferred from the exercise
of my Judgment in the discharge of those duties
again say that the propretors of this paper, whoever
they may be, have in their uncaled for attacks upon
dealt in tissue offaschoods from beginning end
take this OCCASION where be misunderstood
nouncing them cowary sandcers devoid of truth
taking anage their !athecss sheet to tradce the
official character of public officer from motives Of private
spleen and petty jealousy. ] am done with this sub
ec and desire to be understood being determined
take further notice of this unknown, unnamed Will
sheet
After Mr. Whitney had concluded his remarks Judge
stump requested him to read the article to which he had
referred, as he entirely ignorant of the subject.
being reader of the Erchange. Mr. Whitney then took
up the paper and read as follows
''The incrjcan describes the whole affair with
ness of detail which thought wholly unnecessary in
view of the exceeding mprobbity the matter ever I'M
dergong judicial investigation rather ofhe absolute
certainty of its being speedily forgotten by the communi
y and quietly hushed up by the authorities ms bav been
thousand like occurrences before. The majority our
citizens have long since ceased to look to the civil au
horities for either protection redress. We know the
States Attorney to which the Office and duties of Pub
lie Prosecutor have been confled by the people be
aithess We know the composition of the police force
be such rs to justify small confidence in its ability dis
position to do right and the otherwise know
that the good understanding which exists between the
vagabonds and ruans of the city and certain magistrates
and other legal functonaries would certainly defeat
cry effort on the part of the police to prevent crime
BRING criminals to Justice Under the powerful protection
ofhe constituted authorities of the law, crime has
to is present magnitude, and criminals have acquired
their present impunity'
Mr.. Whitney then remarked to the Court that the
tce alluded to the dsgraccGu proceedings which took
place on Monday afternoon the Reservoir House, and
to show how truly libelOus article in the ''EN-
change he would only state, that living in the mmed
ate neghborhood where these outages occurred he at
dispatched a messenger to the magistrate before
whom the parties taken requesting that officer to
take bail whatever, but the offenders: not
content with this he lost no time in sending nositiyc or
ders to the warden of the Jail release the parties
committed, matter from what authority order to
that effect might come. Could mortal do than
this and in the face of all this comes this wanon and
lndalous attack.
lie further remarked, that a OCCASION when
party had fed from justice and was known to be in Wash
inEton city, he had obtained from the Governor of the
State equison the authorities of that city for his
arrest and delivery up to justice but when the Baltimore
officers appeared there to make the arrest they orc
bly, driven from the city, and the fugitive from this Court
made special police officer.
Wm. H. Cowan, Esq, stated to the Court that he pre-
sumed that Mr. Whitney alluded to a Of of his
clients indicted for rioting at the Eighth Ward polls.
lie could endorse the course of the States Attorney in
this and believes he did every thing his power to
bring the prisoner to trial Mr. C. expressed the opinion
that he thought the States Attorney had endeay |
orel to perform his duty.
Judge Stump remarked the Court was not surpris
ed at seeing such articles in the ncwspapers-a public
officers lampooned more less. He Judgc Stumpl
came into office with large share any one but had
borne well possible and would continue to do so
ont
when he should retire lie had always relied on the
public sentiment and was willing TO abide bv that -
Officers should always transact their business,
to have the approval of their conscicnces. Per |
sons who know the least always say the most and
claim if they had the power how they would do-and !
every old woman says too. All the Court had ever |
heard that YOU r Whitney prosecuted severely
The court opposed substitute for the present
manner of administering justice to the getting up Of
Vigilance Committee in New Orleans, for they will
many times hang innocent people 1t better that
juries and courts should be enen and sometimes let
party escape than that innocent person should be
convicted All the States Attorney could do per
form his duty, and rely public sentiment for his vind
cation. An anonymous writer is always scurrilouS man
writing about what he does not know. Call upon such
man to aid in Supressins violence, and he is the first
man who declines Every person who complains says he
could do ,tter if he placed in the position of you
or |, but they might find themselves mistaken.
In regard to the constant growing and grumbng about
the Court meteng out justice offenders in the right
way His Honor concluded by relating anecdote the
effect that short time since application made to the
Governor to pardon convict in the penitentary, which
proved successful, and after the man was set at liberty
certain gentleman in the city had come to him making
bitter complaints about the law being defeated the ends
ofuSce not being accomplished &c. after worrying him
for days the subject he commenced making
icqures into the matter when he aScerained
very gentleman who troubled elem
ency the part of the Governor the sgners
TO the petition for pardon.
In the Of the State Philip Crowley, indicted for
setting fire to house used clay mill the property
George Kepner, the jury rendered verdict of guilty"
Sentence deferred
In the of the State Henry Wentworth indicted
for nuisance, by keeping Shooting gallery his pre-
misses a jury was impanneied and proceeded to
animation of the premises, after which the Court adj
journed. This removed from the Circuit Court
for Baltimore county. Preston for the State; Cowan
Gary for defendant.
Court COMMON PLEAs-Ton Robert n Martin
Special Judge. The following business was transacted
yesterday:
Bryant and Lunt Jackson-before reported. ,Tudg-
ment for the plaintiff for S27976
Francis Mitchell and others cS Mary Roinson-an an
peal from Justice Hayward Judgment reversed and jud
ment for appellee for S325
j. j. Rig wardt A. Spreeke-an appeal from Justice
Shipey Judgment reversed.
Assignment for to-day III to 202 appeal docket
SUPERIOR CoURT--IIon z. Collins Lee Judge-The fol
lowing business was transacted yesterday:
Jonathan Hoover The Mayor and CITY Council of
Baltimore An action to damages for injuries
ceiyed by the plaintiff from fall of the
of the city i'll consequence of the being obstructed
by ice Jury out at the adjournment OF the Court Gale
and Phelps for plaintiff Dulaney for defendant
CIRCUIT Court FOR BALTIMORE CITY.-ITon. VIM Geo
Krebs, Judge The following business was transacted
yesterday:
Thomas u. Cockey of Thomas and WIFE rs The Execu-
tors of John Glenn. Exceptions Auditors accounts;
further argued by f. W Blanchard for the compainants
and 5. T. Wallis for the defendants.