The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1858-11-25
La W LNTELLIGENCE.

Ia " LNTELLIGENCE.
CRIMINAL CoURT.-ITon. Henry Stump, Judge Mil
ton Whitney Esq, States Attorney, prosecuting The
following engaged the attention of the Court yeser
day
Pennington, charged with asSautng George Jury, were
removed on affidavit 10 Baltimore County Court.
State as. Ri hard Derry indicted together with 4
named Balty Smith, for assault with intent kill
John A. Bromwell, youth. Smith escaped from the
custody OF the officer at the time the assault commit
ted and has not since been arrested Tried before the
court.
The testimony for the State went to show that Brom-
well passing along Howard street. near Lexington,
about hapaSt six O'Clock in the evening when he was
accosted in rude manner by the traverser that he
lbromwel not making any reply was struck by Derry
in the face Cromwell then into the street when Derry
drew pistol and fired at him. Police Officer Bailey
rested both Smith and Derry but Smith after swapping
pistol at the officer made his escape
The defence up was that Derry did the ps-
tol; that Smith was the only one who had weapon at
the time.
The Court thought that both had pistols that Derry
fired at Bromwe of the Witnesses had testified.
The Court declared him ''guty,T and sentenced him
to confinement in the penentiary for eighteen months
Carr and Barry for the defence.
The of Alexander McCann charged with assault
ty Court.
The case of the State as Henry Sanders and Joseph
Kelly, charged with robbng Francis Lawrence, Ste
ted the States witness having left the city joseph Kcl-
ly who in jail very sick with consumption sent
to the amshousa by direction of the Court.
After the above was disposed Of John Stephens
alias Cyphus was brought into placed in the
prisoners box Before the Court proceeded pass
tence upon him. T. Joseph Rogers, Esq of his
sell and addressed the Court.
bIr Rogers asked the Court suspend OF the
prisoner until the action of the Grand Jury the
ascerained, the parties who had to the ada-
Wits which presented by him to the Court Mon
dav, before the Grand Jury. which body
had expressed willingness and anxiety to hear all
the testimony which would bear favorably to the prison
brought out for sentence M. Rogers thought
that it enough this denied cour-
sci the common courtesy of an argument on the motion
for trial, but he thought that the Court should
be ienIent enough to grant the prisoner short rs un
til the result of the investigation before the Grand Jury
can he known The Court the other day set aside with
one fell swOop the atiavtS presented to itS not being
entitled to dence. Some Of the parties these adav
its were white and as much entitled to cresence,
any Judge who sat upon the bench
He asked the Court to defer sentence Of the prisoner
would most certainly he shown that he about to suf
fer deed which had been committed by another man
After Mr.. Rogers had concluded, Judge Stump said,
"iEave You concluded -
Mr. Rogers.-''I have said what thought it my
duty to say, although presume it will have effect up
on the Court"
Judge Stump thought you had finished the other
day The Court would say that the examination before
the Grand Jury would have no hearing with the Court
on the granting ola trial; they had nothing to do
with that They might mterccde with the Governor and
by that means have the sentence of the Court altered
The Petit Jury have found him guilty and the evidence
before them doubtless satisfactory to their minds
The tourt docs not see any reason FOR new trial there
would he trials continually if, after verdict
rendered and another person to and
say they knew this and that the counsel said they We're
ready and went to trial. why not have the evidence here:
Mr.. Rogers.I had nothing to do with getting the
evidence"
Judge Stump-The Court thinks the evidence was clear
against the prisoner and will proceed to pass sentence
- 1GHm ntt"v5 ] a,,"T CaIIs you lIe ne'h @ usu s LOT
t hS Vi ''i ''i'c! NlIs, 'n" ma ma eii olIu
guilty OF murder in the hSt degree The Court THINKS
you hlse l, lr I'LL l' u;.onA III your caSe i,3
not find verdict otherwise than rendered The
court thhNs thit you arc l!ie person WIG inuIuercl
with Strumpe called Topscy and because he would not
permit you to sleep with her in his house, during
the night Iou necitmG enraseu ana murdered nm oeve
ta persons IecosuiHg" you is oeIIlS tIe PaIS wiz cii
70 hlnE louse' anu o!e saw gu la's Tu 'lll %
InnI mn t,bi;h!,I % T ~, t,.a 49,, .iI -. i,,r, ~
clearly eStaplsneu. oU nave peeh feu Dy a jury oi
your OWL Se,gclio' "nem you c'e 70 .' Your H"t!e %
ainoul'ceu 1he'glvtS reaUy: 9i.ce your conE 'ctpi
!ot'"i as n'' loi ne" 1.l ~ 9vul oo.s'' "'lty ~
tie tou[t mas pNelueu II no" o,Iy remains I~eI"s Ioi the
N'u' ~ pas fOI Sou' iIu 'HJi IL VIC
manded of You John Stephens agS cyphus if You have
any thlhS 10 say wherefore the Court ere ought not
upon the premises aforesaid proceed to judg
ment against you.
stephens icplea-"eht!elheii am an innocent man
was not III tnat street lnl hiEht wllGf tlf man as
killed; was Ill nome am not tle man tat kl'itd hm
am an innocent man. ana you VIII all see that am an
innocent man some ol these days.
Judge Stump, continued-"Whereupon, all the pre-
mscS being ny the court tuly understood ana coNaer
ed is therefore ordered and adudged by the Court here
that you J9hn stephens dtgS CyhuS be taken oacH TO
the gan o Baltimore Guy, from whence you came INTO
TINS court ana from tclce 10 ie pace OF execution III
such time shall be duly appointed by the Governor and
there he hanged by the meek until you be dead ana may
the Giyer OF all Good have mercy upon your soul
Stephens stood erect and firm during the delivery OF
ms sentence ana ana not eynce much outward emotion
After the Court had concluded he was taken in charge by
the Waldens and conveyed back to Jail.
After Stephens had been sentenced the Court ordered
Henry Beyan blind man, to be placed in the prison
ers DoN.
Bevan had hcen convicted ABOUT year ago OF an
assault with intent to kill police officer Hamilton
Muir by shooting him with pistol The affair occurred
near the house OF Beyan on Fish Market Space
The Court then addressed BeVan as lolloWs
After yonr trial ana conviction IN THIS Court your conn
sci hteiccueu WIN tc court l" ueer i's sentence I ne
purpose of presenting your case to the Governor The
oou'' IN o. sor coutoIom % oei'S G " Tianu i
it; ; t % @ @tt ~ t tL T c,,o @ % I.C,IJ I ~ Va, % ho,.a
peeh III jan nov " Sc"!, Malttus 40. 'e r ~ " @ ~,
Sn"I e. nor ne !S uoe "I''liiE u, l"l 9o.' lo % " , I nc H
"ult - - hG' d. dcl nv nv. Hr' r; w S "
After the above cases were disposed Of there was no
terday- " " 7 "
The Court asked Mr. Whitney what cases he wanted to
dis,,nse Of ,I,,riI,o, tris ie,,, 1' ~
oSoST o. Hnr,ng en- 's fe term ,roro ~ rra cases which
he wanted to take p the cases Of John Lemon and Henry
nuvau who were CHARGED with killing the German
FiscEar on Ta,I IIiII Mr. pitts il conseI but in ron
ON hG" @ i m o & S n s iPitl u' eaJ ~ tba
for tbr term drrin,r the week
The Judge remarked that he had no recollection of say
in, so
Mr. Whitney said the impression had gone abroad to
that effect among the members of the bar if the Court
will fix day the trial of these eases, Mr.. Pitts can
now he sent for.
Judge Stump replied that he would adjourn the Court
could be arranged The Grand Jury he said had not
got through with their business and required one or two
days longer he did not wish them to do any thing in
hurry.
The Court then adjourned until Friday morning at IL
O'Clock.
The Grand Jury have ordered the following parties tc
be released from jail there being no bills found against
them:
Rosa Jones, Ida Miller, James Poue, William Pcterkin
William Watson, (ncgro.l Adam Snyder. Asbury Green
field, Martha F. Curtis negress George Jackson George
Hudsins. Julius Gonzales, Samuel Able James Harmon
(negro) James Quinn, (negro Susan TOle James Mcken
ney.
UNITrD STATES CIRCUIT CoURT-The Hon Judge Giles
The Court engaged in the following business ycSter
day:
William 3. Bennett and James Dougherty rs j. Alden
Weston An action for breach of contract VIM.
plaintiffs. j. L., Thomas x c. j. NJ Gwnn fO
LeynG, eayn ia amend Juror all" case WIZ
The Court adjourned until Friday morning at 10 o'clock