The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1858-11-17
La W INTELLIGENCE.

CRIMINAL CoURT-DIscHARGE FROM JA1L-Mor1oN FOR
NEW TRIAL IN GAMBRILL's CASE ARGuED-BAILIPFs
REPRIMANDED.
CRIMINAL CoURT.-Hon. Henry Stump, Judge. The
following business occupied the Court yesterday:
State rS Charles Loveday, indicted for assault with
intent to kill John Westervet the 18th of July
Mr. Whitney stated to the Court that the traverser in
this case had been in Jail since July that the States wit
ness JOhu Weservet could not found and had been
returned He would suggest to the Court that in
stead OF eg the case the prisoner be released upon
his own recognizance
The Court assented to the proposition of the States At
torney.
Loveday then brought into Court
Mr.. Whitney-"How long have you been in iai9'
Loveday.-"Four months, sir?'
Judge Stump-"The Court will discharge you on your
own recognzance Go home and conduct proper
y keep sober stay away from shops and get into
Loveday then left the Court room
Judge Stump-''Mr. Pitts, the Court is ready to hear
You on the motion for trial in the GambriIl
The Court has some leisure time this morning,
which to be tried this morning been postponed
on account of the absence of the States Witness"
Mr.. Pitts.-'As soon as Mr. Hack in he will let
your Honor know whether the adayits in the
ready to be filed and, if so, when will argue the
tion."
Judge Stump-"But, will Mr.. Hack he here.''
Mr. Pitts-lie has been sent for; expect him here in
Shortly after Mr.. Hack Court conyersed
with Mr.. Pitts
Mr.. Pitts ito the Court 1.-THE aidavits your Honor
VIII be filed to-day and we will be ready to argue the
motion tomorrow
Judge Stump.-"Oh want you to argue it today The
has nothing occupy its time to-day; there will be
jury this morning; tomorrow perhaps there will
be several and the Court will have to stop them to hear
the argument
Mr.. Pitts-We if the Court don't hear us tomorrow
we can argue the motion some other day
Judge Stump.-'I want to hear the argument to-day;
it only the work of five minutes to prepare the af
davts. The Court is always ready coun
sci by posponng cases. but the expects also that
the Court
Mr.. Hack.-"We would have been ready if we had
thought the Court would have been prepared hear
today we were not aware that there such derth of
business in this Court"
Judge stump.-"The motion was filed on the 9thn
day.n 10 anu 81 '1 ~
State William Lynch, indicted for an assault with in
tent to kill John Murray
Mr.: Whitney to the Court that John Murray the
assaulted and for whom attachment had been is
sued could not be found and he therefore asked the Court
to postpone the
Mr. McAllister, counsel for the traverser remarked
that this the third time the had postponed
and that his client who is mechanic, confined in
Jail He McAlisterl would enter bail himself for the
purpose of having his client released and asked the Coar
The Court said it would postpone the case until tomor
row. wednesday, and if Murray did not appear prose
cute it would discharge the traverser.
State Gane Dalphn, indicted for larceny, was dis
charged the States witnesses all being returned non est
State David Steper, indicted for assault with in
tent to KILL was brought out and said he ready for
trial, but had 10 lawyer.
The Court asked Mr. Kraft if he would act as the ira
verser's counsel.
Mr. Kraft consented and the case was postponed until
to-day
o. F. Hack Esq., one of the counsel for the defence in
the case of Henry Gambr convicted of the murder of
police officer Benton commenced the argument to
set aside the verdict and for the granting of new trial
Mr. Hack began by reading the which had
filed in the case for new trial. and the adavs filed by
the defence, as follows:
State
VS. INDICTMENT FOR MURDER.
The prisoner by his counsel in this case moves the
Court here for trial of the subject matter the
dictment, for the following
FrSThat the verdict is against the evidence in the
cause.
SecondThat the verdict against the weight of evi-
dence in the cause.
Third-That it is contrary to the law and the evi-
dence.
Fourth-That the Jury improperly interfered with
in their deliberations before the closing of the testimony
in the cause and before the indictment submitted for
their consideration
F5h-That member of the Grand Jury had access to
and conferred with the Petit Jury whilst the
in progress of trial. and because the Jury permitted
to have access to information in regard the case which
| formed no part of the evidence.
| tSigned) c. H. PITTS,
o. F. HACK.
IN THE CRIMINAL COURT
STATE BALTIMORE CITY,
VS.. Sep. Term, 1858.
Henry GdmbriH. Indictment for the Murder OF
| BENJAMIN BENTON.
In support Of the motion for new trial filed in this
cause, the prisoner submits the following affidavit
| George Bramwell.
The said Bramwel appears in open Court on this 10th
day Of Nov, 1855 and makes oath on the Holy Evnge
of Almighty God, that he of the Jurors empan
need and sworn to try the above entitled case and ha
during the time that said trial going on and afte
the Jury had been charged, and the evidence for th
prosecution and defence had been commenced the petit
jury in said case daily permitted have aud
and the evidence there reported for said
and also other daily papers containing reports tn