The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1858-06-22
la W INTELLIGENCE.

CRIMINAL CoURT.-Hon Henry Stump Judge Mil
ton Whitney Esq, States Attorney, prosecuting. The
following business transacted yesterday
State Maurice Gidelman, indicted for selling liquor
without license The traverser was placed on Trial, and
defended by William Schley and William F. Preston,
Esqrs.
The counsel for the traverser filed the following
ton.
The raverser by his counsel respectfully suggests to
the Court here that the indictment in this contains
fourteen counts in which said counts several and distinct
accusations are charged not relating to any alleged
transaction being variations merely in the statement
of the alleged transaction; and which cannot from
the nature of the be regarded as parts OF the same
alleged offence.
And said traverser, by his counsel respectfully
further suggests the said counts based
the act of the General Assembly of Maryland passed at
January session, 1858, chapter 44 and others OF said
counts are based on the act OF the General Assembly OF
Maryland passed at January session. 1885, chapter 353
and Others Of said counts are based on the act OF
session. 1917 chapter III of the supplements
OF said last mentioned act so that is mpossoe Tor the
said raverser upon reading the said indictment to
tain understand under what act or acts of Assembly he
is prosecuted in this behalf for what precised alleged
offence he is called upon to answer.
So that the said traverser respectfully suggests,
whilst right to of the charge against him
will be denied; yet truth and in fact he is unable
from the said Indictment whether he is
answer alleged charge selling, without license
fermented liquors other than lager beer whether on
the alleged charge of selling lager beer alone whether
he is indicted alleged charge of having opened
place for selling any of the articles mentioned in any of
the said counts without having obtained retailers Ii
cense; whether for having opened ordinary, and
said Indictment, without having obtained an ordinary
license whether for having opened place other
than ordinary, and selling therein as aforesaid
whether for selling merely without having opened any
place sale whether for selling in quantities not less
than pint whether for selling in quantities less than
pint or whether all of said several alleged offences
Wherefore the said by his counsel prays the
Court here to require the State to elect to go for some def
mite and distinct alleged offence ana 10 waive and abandon
the other of the said Indictment in the aterna
tive, to order the said Indictment to be quashed.
WM WM' SeI5FF. 5 PFF.rox For Traperser
The motion was fully and ably argued by Mr. schley
for the Traverser and Mr. Whitney for the State.
Mr. Schley stated that the indictment embraced fourteen
different counts based the several acts relative
licenses and that each Of these counts contained specific
offence and argued that two transactions could not be in
cluded in the same Indictment
Mr. Whitney took position that the specific charges
all grades of the offence, and that the
counts were essential to sustaining the indictment He
cited numerous authorities to show that offences of
similar character could be included in different
the same indictments and that the rule of forbid the
blending of two offences in the same count of an indct
ment.
morning by Mr.. Schiey
SUPERIOR CoURr-Hon. 2. Collins Lee Judge-The
following business transacted yesterday:
Charles Butler surviving partner of Nathan Rogers
The Merchants Mutual Insurance Company, Of Baltimore
An action to recover on esht per anda
lia trial J. Stewart, c. F. Mayer and John Nelson,
for plaintiff; A. s. Ridgely, ST. Geo. W. Teacke and W. IL.
Norris, for defendant.
Assignment 3O1 to 329 inclusive.
Court OF COMMON PLEAs.-Hon Robert N Martin
Special Judge The following business transacted
yesterday:
Valentine Dieter William DeGoy-appeal from JUS
tice Mears Appeal dismissed
Charles Fisher rs Cooper and Buer-appea from Jus
tice McAllister. Judgment affirmed.
Rose McCabe rs. Samuel Chesney-appeal from Justice
Morrison. Appeal dismissed.
John Rollman William Dell-appeal from Justice Jo
ly. Judgment reversed.
Assignment from log to 2l6 inclusive.
CIRCUIT COURT FOR BALTIMORE CITY.-There was nc
business of public interest transacted yesterday