The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1858-10-06
la W INTELLIGENCE.

la " LNTELLIGENCE.
CRIMINAL CoURT.-Hon Henry Stump, Judge
Milton Whitney, ESQ.,, States Attorney, prosecu-
ting The following business occupied the Court
yesterday:
W. H. Cowan, Esq, one of the counsel for the de-
fence in the case of William G Ford, charged with
the murder of Thomas IL. Burnham arose and
stated to the Court that the original entry of the
verdict upon the docket, on the night previous,
was simply the words 'Guilty of murder and
nothing more. He understood, however, that since
then, the record had been changed, and the verdict
now recorded stands in the words "Guity of mur-
der in the first degrees" he contended that the al
teration had been made without authority and
asked that the Court should direct that the record
be corrected and the verdict put in the same form
as originally entered upon the rendition of the same
Mr. Cowan also said that the defence had filed
motion in arrest of Judgment, and took
the ground that the verdict had been illegally rem
dered by the Jury, because the grade of crime had
not been specified by them when their verdict was
given to the Court.
Mr.. Gardner, Clerk of the Court, stated that the
alteration had been made in his absence.
Mr.. Schley, the assistant Clerk, remarked to the
Court, that on the night previous, when the jury
returned into Court he had put the usual question
to them in this form, "Gentemen of the jury what
say you, is William G. ord, guilty of the matter
whereof he stands indicted, or not guilty. that the
Jury, through their foreman, replied "Guiltv,"
that Mr.. Hack being present, then requested that
the Jury should be polled, which was done, and
each one asked II the prisoner guilty of murder
III the first degree, when they each replied in the
afrmative he then entered the verdict as it is now
recorded, 'Guilty of murder in the first degree
Mr.. Hack begged leave to deny the statement of
Mr. Schley, and said he was present when the jury
was polled, and they simply answered the question
put to them by the Clerk, with the word "Gulty:"
he could substantiate what he said by the evidence
of several gentlemen who were present with him
when the verdict was rendered The defense wished
the verdict to be entered on the record the jury
had given it; the Clerk has defined the grade of
murder, doing that which the jury left undone.
Mr. Whitney contended that it not necessa-
ry for the Jury to have rendered their verdict in
any other form; the verdict of "guty'' upon the
indictment was sufficient that the charge made in
the original entry, did not nvalidate the legality
of the verdict The entry made by the Clerk is no
record of this Court; it is mere minute Of the pro-
ceedings, which can be corrected, under the direc-
ton of the Court, the law contemplates that all
records are made under the eye and by the sanction
of the Court.
Mr.. Cowan said the defense only wanted the entry
to remain as the verdict had been rendered.
Judge Stump said the jury had been asked
whether the prisoner 'was guilty or not guilty Of
the matter whereof he stands indicted" and they
had replied 'guity;" they were then polled at the
request of Mr. Hack, and each one then answered
''guilty." Guilty of what? of the matter whereof
he stands indicted; he had been indicted for wifu
and premeditated murder; the verdict as rendered
was sufficient The Court will allow the record to
remain it is.
The case of the State rs. Henry Gambr indict-
ed for the murder of police officer Thomas II. Ben
ton, had been fixed for trial yesterday. Mr. Pitts
of the counsel for the prisoner, stated to the
Court that the defense not ready to go to
trial, and moved postponement for two weeks,
which was agreed to upon the part cf the State
The trial is fixed for the 18th inst
State cs. Henry Duvall, indicted jointly with John
Lennon, John Siglefous and white man unknown,
for the murder on the 18th OF September last, OF
Christian Fischer, by shooting him with pistol in
the right side Of the breast, arragned and plead
''not guilty"
State rs. John Lennon, indicted jointly with
others, for the same offense, was arraigned and
plead ''nOt guilty
State rs. John Stevens, alias John Cvpurs me
gro) indicted for the murder of William Henry
King, (negro) by stabbing him with knife, in the
left side of the breast was arraigned and plead not
guilty"
State Us. Henry Burns, who is charged with an
assault with intent to kill police officer French was
recently brought here from w Washington and con-
fined in Jail; John Dickson became his security,
against whom an attachment had been issued. Mr.
Whitney stated that as Burns in Jail appli-
cation made to release his urity payment
of the costs of the attachment The Court, there
fore, ordered the release.
After this W. c. n. Carr, Esq, remarked to the
Court that there were indictments against Henry
Burns one charging him with an assault with intent
to kill police officer French another charging him
with the murder Of Sergeant William Jordan, and
a third charging him with rioting; and asked the
Court to fix the bail required on each Of these
charges.
Mr. Whitney objected to any bail being taken at
all; he said the indictments against Burns had been
found during the year 1857, that when the case
against Burns for the assault with intent to kill had
been called he did not appear in Court, that bail
piece then issued for his arrest, and since
that time he had left the State, and escaped
arrest, until he had committed some of,
fence in Washington and been there arrested and
confined. He was EOw brought here upon a re-
QUESTION from the Governor to answer the charge
of murder and he considered that there was enough
evidence to convict him of the charge, he therefore
protested against any bail being taken in the
The Court remarked that 1T would demand Sc
curty in the of So 900, to the charge of
murder. and 500 each on the other charges.
Mr.. Whitney.-The amount of bail before for the
charge of assault with intent to kill, 81 800;
does your Honor now reduce the bail because he ran
away?
Judge Stump.-He has not been bailed before.
Mr.. Whitney.-1Ou have just released his securi-
ty of 500, upon payment of costs of the attach
ment.
Judge Stump.-I do not recollect it.
Mr. Whitney.-If your Honor does not recolect
it, certainly cannot refresh your memory.
The recognizances of Phillip Waters and Isaac
GantZ, were forfeited.
The Court then adjourned until this morning al
10 O'Clock.
CoURT OF COMMON PLEAs.-Hon. William l.. Mar
shall, Judge. The Court was engaged in the fol
lowing cases yesterday:
F. L. Brauns, garnishee of Christopher Meyer
rs. Norburn Thomas. Appeal from Justice Ridgely
Judgment reversed.
E.v. Davis US. Elizabeth Fallen Ramp. Appea
from Justice Showacre. Justice affirmed.
Christiana Fl. Hafner Barbara Sipple. Ap
peal from Justice Welch. Justice affirmed.
Joseph Harris Us. James n. and P. II. Muller
Appeal from Justice Griffin. Judgment reversed
Robert W. Raisin Us: J: G. McCulloh. Appea
from Justice Ridgely; Judgment reversed.
George II. I. Cole Us. Owen McGaw. Appea
from Justice 0wings. Judgment reversed.
Assignment from 1873 to 233.
SUPERIOR CoURT.-Hon. z. Collins Lee, Judge
The following business occupied the Court yester
day:
Wheeler and others rs The Baltimore and Ohio
Railroad Company, garnishees of the Central Ohio
Railroad Company; attachment. Brown anc
Bruno for plaintiffs; Latrobe and Campbell for de
PENDANTS. Before reported. Jury out.
The same Robert Garrett, Henry S. Garret
and John w. Garrett garnishees of the Centra
Railroad Company; an attachment. Brown ant
Bruno for plaintiffs Latrobe and Campbell for de
PENDANTS. Not concluded.
Assignment for to-day 34l to 362.
CRcUIr Court FOR BALTIMORE CIrY.-Hon. VIM
George Krebs, Judge.-The Court was engaged il
the following cases yesterday:
George Weigel as. Elizabeth Weigel. Deere
| passed divorcing complainant from defendant
mensa ct horo. Wolff for complainant.
James Armstrong ct al Us, Priscilla Fahnestoc
ct al. Before reported Motion to dissolve the in
| junction restraining defendant from further pre-
ceedings under certain deeds of trust. Argued b
| r. o. Ridgaway and Price for complainants; an
Israel and r. j. Brent for defendants. Not cor
| cluded.
The UNITED STATES DISTRICT CoURr was not
session yesterday.
Capt. Townsend, of the SLAYER Echo, who hs
| haar ~