The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1858-10-22

case State rs. VIM. c. Ford) on the fifth day of
october, which entries in the words and figures
iOiloWlng, that Is to say--'Iurv prled. Guilty of
murder in the first dcgree which words here set
out were not found by the said Jury. and were not
on the docket of this court when the clerk ordered
the jury to hearken to the record of their verdict as
recorded in the said case by this court the simple
entry at that time being, Guilty of murder as the
verdict of the jury, and these words lastly herein
set FORTH that is to say, Guilty of murder being
the only words the docket of the clerk on the
day after the said verdict was found which was the
evening OF the 4th Of October, 1858 and the other
words and figures herein last set FORTH that is to
say, Guilty of murder in the first degree were
added by the clerk of this court on the ay foowinu
that on which the jury found their verdict in the
said ease, and the day after the said Jury had
been discharged which was an excess of authority
by the said clerk and illegal"
Another motion filed was in arrest of Indictment
giving the reasons why it should be granted in the
following words
'lst. That the jury who empanneled to try
the said case, and who did find verdict therein
did not find Of what degree of murder they found
the prisoner guilty, but their verdict as announced
in the Court, and recorded by the clerk was in
these words-'Guilty of murder And this finding
OF the Jury Is insufficient to enable the Court to pass
sentence, and therefore insufficient and void.
ed Because the jury who tried the said case
and who found verdict therein, did not unani-
mously pronounce verdict. in the said case of
murder, and at the finding of the said verdict say
further OF what degree they found the said murder
of which they had convicted said prisoner, to be-
which they were required to do by the act of Assem-
bly, OF this State, in such case made and provided
and the said verdict is therefore void
''3d Because it is the duty and sole right of the
jury who try case of murder to find the degree if
they convict the accused of the crime of murder
and to find the degree of which they do convict as
part of their verdict, and to announce it as such
which was not done by the jury, in this case and
therefore the verdict of the jury is void.
4th. The jury rendered their verdict in this case
on Monday evening, the 4th instant, and the YER
dict recorded by the clerk on that evening was
simply and only in the words Guilty of mur-
der and no more. These were the only words on
the docket on the morning of the 5th instant the
day after the rendition and recording of the said
verdict and when the counsel for the prisoner ex-
amined the docket of this court and saw the man
ner and form of the verdict they desired the clerk
to make no change of the said verdict as recorded
IN any way, and he said that he would not and
they the counsel for the prisoner, came into this
court and made motion in arrest of Judgment,
basng their motion on the said verdict. Since they
made the said motion in arrest they have discovered
that the said clerk has added to the verdict afore
sald-'Jury poed. Guilty ofmurder in the first de-
gree, which is part of the verdict, and the said
clerk had no right to make such addition, and the
detective verdict recorded by the said clerk is not
and cannot be amended by the improper and unau-
thorlzed addition of the said clerk made as afore-
said'
A third motion had been fled for new trial,
giving the following reasons why it should be
granted:
'1st. Because the verdict is contrary to the evi-
dence.
"2d. Because the verdict is contrary to the
weight of evidence.
esd. Because of the discovery of testimony ma
teria to the issue of the said case since the rend
tion of the verdict therein.
"4th. Because of irregularity in empannelling the
jury.
"5th. Because one of the jurors who was empan-
nelled to try the said not of the legal age
to act as juror.
"Gth. Because juror who tried the said case
q IIInIt tF
pressed an opinion previously"
Mr.. Whitney also stated that the twelve Jurors
who tried the case, and Mr.. Schley, the Court
Clerk had filed aidavis at his request, to the effect
that the question to the guilt of the prisoner
(Ford) of murder in the first degree, was put to
the foreman OF the jury at the time the Jury was
polled.
Mr.. Cowan opened the argument in favor Of the
motions, and c0ntcnded that the verdict now re-
corded on the docket was Illegal not being the YER
dict rendered by the Jury, which was simply the
word "guilty." that upon the rendition of
the verdict on the night of the 4th of October the
clerk had added the words ''of murder to the YER
diet, and on the following morning. the words sin
the first degree were added. These words had
been added Ito the verdict as rendered by the urv)
by the clerk, without authority, as the simple word
guilty" the verdict given. To sustain this
position, Mr. Cowan read the atdayits of W. G. y.
Carr Jr., G. Morrison and O. +. Hack. ESqs.. to
the effect that the jury rendered verdict only of
''guilty," and that when Mr.. Hack requested that
t'''AN,
not ask the foreman if the prisoner was guilty of
murder in the first degree.
Judge Stump remarked that he rccollcctcd dis
tnctly that Mr. Schey did put the question to the
foreman in that way.
Mr.. Cowan also argued that the verdict was illc-
gal because the jury failed to fix the grade of crime,
winch was rendered necessary by the act of 1909.
Mr. COwan also cOntcnGcd that the verdict, as now
recorded, Illegal because the prisoner was not
in Court when it put upon the docket, and fur
ther that the verdict of "guilty of murder" which
was recorded in the presence of the prisoner was
not the true verdict; that there other verdict
promulgated but that Of "guilty' in the prisoners
hearing, and consequently the verdict should be
stricken out. Mr.. Cowan cited several cases from
the books to sustain his positions and after concu
dlng was followed by J. Douglas IIsashlaton, Esq
the part of the State.
Mr.. Hambleton argued that the verdict of ''Guil-
ty rendered by the jury was sufficient, that the
entries made that night upon the docket, were but
minutes, from which Il regular and formed verdict
could be made and recorded by the Court, and con-
tended that the verdict could have been recorded
at any time during the term of the Court Mr..
iambleton cited from the books many cases to sus-
tain his arguments, which were rendered with much
force and cearncss
Mr.. Whitney then followed on the same side. He
commenced by saving that William G.. Ford had
been indicted for willul and deliberate murder the
indictment framed according to the rules of
the common law, and that the verdict rendered was
sufficient to support the Indictment under the act
of 1909 What would be sufficient verdict to cover
the indictment, under the Act of Assembly?
general verdict on the indictment is not only appli-
cable to the highest offence but to the highest grade
of the offence.
Where there is only one count in the Indictment
a general verdict is sufficient The object of the
Act of Assembly for the Court to arrive at the
intention of the jury. When man is tried for the
crime OF burglary, the question put to the jury is,
the prisoner guilty of the matter whereof he stands
indicted or not guilty The answer is ''guilty;"
guilty of what? OF the matter whereof he stands is
indicted. The Court puts the legal Interpretation
upon the verdict. The Act of Assembly of 1909 is
copied from the Act of Pennsylvania of 1894. Mr..
Whitney then went on to argue that the verdict of
"guty," as rendered by the jury in this was
sufficient to cover the Indictment and referred to
numerous cases to sustain his position.
Mr.. Whitney then argued that the verdict as now
recorded, was legal and ought not to be set aside.
The minutes upon the docket of the proceedings of
the Court are for the convenience of the Court
from which the Court can make up correct YER
dict, and it is the duty of the Court to have the
minutes corrected in accordance with the facts so
as to make proper record.
Mr.. Whitney concluded by saying that a verdict
of guilty generally is sufficient, and the Court has
a right to record the verdict according to its legal
effect, guilty of murder in the first degree. The
polling of the jury is part of the verdict. The
Court has jurisdiction over the minutes and is pre-
sumcd to have knowledge of all records made.
Mr.. Whitney concluded his speech (of which the
above is a brief sketch) at twenty minutes of
o'clock, after which the Court adjourned until 10
O'Clock this morning when the Hon. John Nelson
:
UNITED STATES DISTRICT CoURT.-IIon. VIM. Eel
Giles, Judge. There was no business of public in
terest transacted in this Court yesterday
Joseph Allen, who was on Monday acquitted of
the charge of stealing a lightning rod from the
North Point Light House, was discharged.
The party charged with committing the assault
upon man named Barney Brady on Friday last,
at the Post Office buildings, will be tried to-day.
SUPERIOR COURT.-ITon. Z. Collins Lee, Judge
The Court was engaged in the following business
yesterday:
Jacob p. Hartman rs. Ann Hutton. An action
to recover damages. Before reported. Not con-
cluded.
Assignment for to-day 81 to 3G2.
CIRCUIT CoURT or BALTIMORE CGTY.-Hon. Wm.
George rAhs Iudon Nnthinr of interest was
lis Court yesterday: -
IF COMMON PLEAs-IIon. VIM. L. Marshall,
he Court was occupied in the following
~.,, rday:
Henry Watson Joseph II. Bean-an appeal
from Justice Owngs. Judgment affirmed.
Assignment for to-day 20 to so on trial calendar.
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THE AFFAIR OF THE AMERICAN SHrP SPoRTsMAS.
The Valparaiso correspondent of the New York
Times gives the following statement from "a gen