The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1858-10-29
Ia w INTELLIGENCE

CRIMINAL CoURT.-Hon. Henry Stump, Judge.
| Milton Whitney Esq, States Attorney prose
cutting; T. Mclean and 1. Joseph Rogers, Esqs., for
the defence.
State rs. John Stephens alias Cyphus. NEGRO in
dicted for the murder of VIM. IL. King, negro on
the night of the 2lst of August last, by stabbng
him with knife in the left side of the breast
On the opening of the Court Yesterday morning
Mr. Whitney, for the State, commenced his conclud-
ing argument before the jury; he spoke until half
past eleven O'Clock, when the indictment was handed
to the jury, who retired to deliberate upon the sub
! ject. During the delivery of Mr. Whitney's Speech
which was one of great force and brancv the
| dense crowd in the Court room several times at
tempted to express their appreciation of his senti-
ments by the stamping OF feet; this disorder, how
ever, was promptly checked by the officers of the
| Court.
At twelve O'Clock the jury returned into Court
ana rendered verdict of guilty of murder in the
| first degree"
Judge Stump.-''Now, Mr.. Clerk, enter that at
once"
Mr.. Schley-"Yes, SIR
Mr Whitney, after pause) sis it recorded?"
Mr.. Schley-Yes sir; equity of murder in the
first degree"
The prisoner upon the rendition of the verdict
evidenced no sign of emotion and after the verdict
had been recorded was taken in charge by the Off
! GERS and conveyed back to the Jail.
MIR. Whitney then remarked to the Court that
the State was ready to take up GambrilPs case
which had been fixed to be tried peremptoriy to-
day Thursday.
Judge Stump asked how many witnesses there
! were to be examined
Mr. Whitney said about twenty for the State.
Judge stump suggested that the trial be taken
! week '-'''
Mr.. Whitney.-''What will we do the remaining
three days of this week? This trial has already been
postponed three times, and was fixed peremptoriy
! for to-day"
Judge Stump.-"Well, 90 on"
Inc following case was then commenced:
otate Us: Henry Gambrill, indicted for the mur-
der ot Police officer Benjamin Benton, on the night
OF the 22d of September last by shooting him with
! pistol ball in and upon the right side of the neck
causing wound of the length of half an inch and
of the depth of four inches from which ba INSTANTLY
! died.
Edward Dufiie, Esq, appears as assistant prosecu-
tor for the State. Charles F. Pitts aad Oliver F.
Hack, Esqs, are the counsel for the defence The
father of Gambrill in court, and occupied
scat near the prisoners counsel, occasionally con
!ersing with them, and apparently taking great
! interest in the case
The empannelling of the jury to try the prisoner
was then commenced
The names of the Jurors on the reouIar nane u,ara
hrst called and each questioned upon his roir dire
whether ne had formed or expressed an opinion, as
to the guilt or innocence of the prisoner at the bar
ihe Clerk called the regular panel of Jurors as
toliowsWho were eitherd challenged peremptory or
| for cause:
| John w. Ringrose, for cause; Samuel Dorsey,
peremptorily; George Wagner, for cause; George IT,
Matthew; peremptorily; Dixon Morton, do; Daniel
~ ,'I'' ~ d. w dlhcf, 40; JOnn w NaSh Tor
cause: Philip Sherwood, do; James I. Randolph
this juror, before the trial commenced, had been
excused by the Court from serving as a Iuror
during the remainder of the term, and Thomas b.
Galther summoned in his stead: calling Mr.. Gal
ther name did not appear in court the clerk then
! proceeded and called, Thomas Cafrertv, who was
challenged pcrcmptoriy; Franklin James do;
Lewis Wagner, absent The Court then ordered
| the Sheriff to summon twenty-five taesmen and
| took a recess for half an hour
on the reasSembng of the court, the Clerk con-
tihued with the call of the regular panel as fol-
| lows
| Christian Hcrgesheimer, challenged perempto-
ry: Franklin Hopkins, for cause; William Kimball,
! DO; BenIamin Charles do; John c. llennice per-
! emptorily; George Bramwell, not having formed or
! expressed an opinion and not being CHALLENGED bv
the Defence directed to take his seat rs a Juror
| in the case; Thomas Croxel, challenged percmp-
torily; Daniel d. Hobbs, for cause; Edward IT,
Dorsey, Peremptorily; John Weaver, do; John r.
! Hynson for cause
! The regular panel having been exhausted, and
only one Juror selected. the names of the taesmen
summoned by the Sheriff were then called
Iacoo Hartman. challenged for cause; William
! Wallace do; T. lfasitt do: Peter Zane do AIey-
| ander Winchester do; Samuel Hazlehurst do; A.
! u Hall, peremptorily; j. c.. Manning challenged
! Tor canse Thomas johnson. do; John H. Tucker
not being challenged was directed to take his seat
! IN the jury box; Daniel McCann for cause: GEORGE
| 1. Deiord do; Charles Bradenbaugh do: Wm H.
johnson do; Samuel McTier do: Henry NJ. War
held do; James Hooper do: Henry Gese, not
challpnOpu.
seat as one of the Jurors.
Abraham Bu ckwater challenged for cause: Ben
Iamln Harris, do; John Henderson, do. Charles
Homrichhouse, do,;W A. Padgett, do; +. A. Lev
erlng, do; Thomas Murphy-this gentleman was
| summoned on the regular panel in place of James
/: Randolph the Sheriff stating to the Court that
| MIR. Gather, who was originally summoned in the
stead OF Mr. Randolph, could not be found. Mr..
Murphy was challenged for cause
| All the above named, who were challenged .'for
! cause, had either formed or expressed an opinion
! III regard to the guilt innocence of the prisoner
ana were incompetent from that cause to upon
The talesmen having been all called, and only
three Jurors having been selected the Court ordered
! the Sheriff to summon one hundred more and have
! them IN Court this morning at 10 o clock.
Ar. John IL. Tucker, one of the jurors selected,
then stated to the Court that when the Sheris Off
| Ger had summoned him to Court, he (Tpcker) had
| made the remark that if there was evidence and
law enough, he would hang the accused 'as high as
Haman;" he thought it proper to inform the Court
! of this fact.
Mr. Pitts said the defence in that case would like
to know exactly the state of the gentleman's mind;
! he was an entire stranger to them, and they had
selected him as Juror upon his answering the ques-
tons which had been put to him by the State
They would like the Court to question the Juror to
| discover whether not his mind was improperly
! biased
Judge Stump to Mr. Tucker.-"The question put
! to you by the States Attorney was, whether you
| had formed or expressed an opinion to the guilt
! or innocence of the prisoner at the bar, who is
charged with murder, now state VIII ether you have
| or have not"
| Mr.. Tucker.-'I have not"
Mr.. Pitts said the defence not satisfied 18th
Mr. Tucker, and they reserved the right to chal-
lenge him, before the jury were sworn and request
| ed the clerk to make a record of this fact.
! Mr.. Whitney asked the Court to have the three
gentlemen, then in the jury box, sworn in the
| proper form.
Judge Stump said he did not see any necessity
| for such course.
no .I,ox
bailit, with orders to take them to a hotel and al
| low no one to converse with them.
The Court gave permission to Mr.. Bramwell to
visit his family in company with bailiff, he had
been one OF the jury who tried the negro Stephens
and had not seen his family for four DAYS.
Julius Gonzales. charged with the larceny of two
lottery tickets from the Exchange office of Miller
Co, valued at So cents each, admitted to
| bail in the sum of $780, Joseph G. Bareto becoming
| his bondsman to that amount.
1t being o'clock the Court adjourned until this
| morning at 10 O'Clock.
SUPERIOR CoUnr.-Hon. z. Collins Lee, Judge
The Court was engaged in the following cases yes
James II. Browne as. Samuel Patterson. Action
to recover a check. Verdict for plaintiff for
$644. so W. YelIott, for plaintiff; Sprague and
! Wallis, for defendant.
Benjamin IL. Hutton and James Bernhard ps j.
Edwin Bird and Joseph Bird, garnshees ofRichard
| +. Hatch. Attachment warrant. Verdict for
plaintiff on lst issue for Sl35.26, I'd issue for
| for defendant.
/ William Fisher u.s. James Frazier, administrator
! of William ii. Frazier Action to recover for ser.
vices rendered in buying and selling stock and for
! money paid for losses. Schlev and Gilmor, fol
plaintiff: w allis, Steele and Marshal, for defend
ant. Not concluded.
Assignment for to-day-357 to $50.
CIRCUIT CoURT FOR BALTIMORE CITY-Hon Geo
| krebs Judge. The Court was engaged in the fol
lowing business yesterday.
| William Boone u.s. Mary A. BOOne-bill for di
vorce riacalo mdtrimoni Opinion of Court flee
and bill dismissed. Buchanan for complainant ant
Stewart for defendant.
Samuel Ellenger ct dl rs. Henry Crowl and wife
and Agnes Crowl rs Henry Crowl ct al. Cros
bills; the one to set aside deed from Crowl to h
wife as fraudulent against creditors-the other tina
the deed was executed in consideration of marriage
| and Of the REIMBURSEMENT of dover, &c. Opinion
! of Court delivered sustaining the deed. Malcolm
for the latter complainant; Whyte for defendants
Court OF COMMON PLEAs.-IIon. VIM. L. Marshall
Judge. The Court was engaged in the following
| cases yesterday:
D. Kayanaugh as. NJ. j. Morgan-an appeal from
| Justice Showacre Judgment reversed
Henry ID. Cough as. Mary Ann Bootll--an appea
! from Justice Myers. Judgment reversed.
! Assignment for tO-day-llS to Ill.
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| ANCIENT MTNEs.-The "oldest inhabitant' will
| remember that few years since there was a good
deal of excitement about the traces ofancient min.
ing that were discovered along the Weeping Wa
! ter, about fourteen miles northwest of Nebraska
. City. The excitement died out in a short time,
| and little or no investigation exploration was
made OF the mining operations to CRAFTY the curl
! osity or develop any tangible results.