The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1858-10-26
Ia " INTELLIGENCE.

|
der of Thomas II. Burnham. Motion in arrest of
Judgment and for new trial. Argued BY Milton
Whitney, Esq, States Attorney. and J. Douglas
Hambleton, Esq. for the State; Hon. John Nelson,
William II. Cowan and o. +. Hack, Esqs., for the
prisoner.
On the meeting of the Court yesterday morning,
Judge Stump proceeded to deliver his opinion in
! the above case as follows
After a verdict was found motions in arrest of Judgment
| and for trial made by Messrs. Cowan and
Hack counsel for the prisoner who assigned the follow
| the Court:
1st. That the jury who were empaneled, and who did
lind verdict thereon did not find what degree of murder
the prisoner guilty.
I'd Because the jury who found the verdict, did not
UNANIMOUSLY pronounce verdict in said of murder
nor ma the degree of murder they required by
the Act of Assembly to do.
3D. Because it the duty and right of the Jury
who try case of murder to find the degree of which they
convict the prisoner.
4th The jury rendered their verdict on Monoay eve
ming the 4th inst verdict then recorded by the
Clerk simply in the words guilty of murder and
no more On the succeeding morning. after the jury had
been discharged and the jury absent contrary the
quest of his counsel the Clerk inserted on the docket of
the Court the words Jury polled-guty of murder in
the first degree" without the order of the Court or au-
| thority Of law. &c.
The prisoners counsel also the to strike out
the words Jury poled-gulty of murder in the first de-
gree which written the Courts docket after the
rendition of the verdict by the Clerk of the Court
The reasons assigned for the motion for a trial are
list Because the verdict is contrary to the evidence
I'd Because the verdict is contrary to the weight of
I'D. Because of irregularty in empanellng the Jury
4tn because one OF the jurors empaneed to try the
| case was not of legal age.
9th Because juror who tried the case was disquali
ii I'd ID by having expressed an opinion previously"
Inc reasons filed for trial argued before
the Court to prove of the facts stated in them
fore the Court had grounds for considering them other
wise @ than as abandoned by the prisoners counsel.
The motion to arrest the judgment and preliminary
!" strike out the entries OF Jury polled-suilty of
were argued at length and relied upon by the for
| in H.
1909, ch 13S, g. murder in the state of
Naryla shall consist of two kinds, viz murder in the
rst degree and murder in the degree and if the
degree neyy ny ems gny of murder in the first second
wise the Court pronounce Judgment on the r
according to the Act which precrbes murder in the
first degree with death and murder in the degree
with imprisonment in the penitentiary He conended
that neither the clerk the could
the minutes of the verdict entered in the pre-
sence Of the jury and the prisoner, subtract word
from the verdict minutes after the jury discharged
could the jury themselves be allowed to correct anv
mistake in the minutes taken by the clerk after they
discharged In support of this doctrine he read from
First Chittys Criminal Law, and other author
ties. The Act of 1909 and the afdavs of W c. N Carr
ana others relating to the manner and of the facts
connected with the taking of the verdict clerk Mr.
Schey which do not correspond some essential parcu
lars with the recollection of the court, with the a
davt of the jurors who found the verdict which adavits
are flied in this Court and constitute part of its
records
Mr. Hambleton replied the part Of the State and cited
a number of authorities from text books and reported
cases of which the Court has read has not had
time to digest them here
Mr. Whitney closed part of the State and argued
that it was not required of the jury negative the minor
offences charged in the Indictment That general YER
dict on an indictment is sufficient to the highest
fence that Indictment If was the intention of te r
to convict of the smaller offence they would have so spec
fed in their verdict, and if the jury under the present
Indictment which contained but count embracing
murder in the first degree, rendered a verdict q3u-
that satisfied the Act of Assembly. To this conclusion
OF law the Court cannot assent. The States Attorney re-
ferred to 9th Bnneys Reports 79 Whites case upon
animation of which it will appear that the jury found
White guilty ofmerder in tie first degree ,ritoH any dis
l11TFp Tlno nj ,actf1,,
first degree.
Upon this facin Fords turns all the law and ev
dence MIR; Whitney cited also Maryland Reports. 442,
(WeghOrsts case wherein the Court the ury find
person guilty of the smaller degree murder they need
not negative murder in the first degree Also cited
in 4th Gill; and Manly's in 7th MARYLAND Rcpnrts
who was found guilty of an assault with intent to kill
George Konig, without negativing the simple
assault. But has been cited can be found to
establish the doctrine that where jury find person gu
on an Indictment which murder in the first degree
murder in the second degree and mansaughter, without
specifying which offence he is guilty Of that the highest
offence is found by such general verdict ahouph find
ing him guilty of murder in the degree or man
slaughter will negative murder in the first degree.
most Of which this Court will concur not to the sup
posed facts upon which il is predicatcd.
He argued that Indictment was drawn according to
the forms of the before the passage of
the act of 1909 and covered both degrees murder and
would be an arbitrary exercise of power bv the Cor
determine what degree of murder the jury intended to
lind That the jury to find it fact by their
dict land not oterwsel whether the offence be of tbe first
or second degree of murder The jury are bound by the
act to make specific finding. If the prisoner in Court
had pleaded guilty it would be the duty of the
examine the evidence and ascertain the degree
could not plead guilty to the first degree The prisoner
only pleads guilty or innocent of the whole Indictment
and this being the the jury must find their YER
dict and parcularse the degree of murder The proper
enquiry in this is whether the jury found the
degree in their verdict and if not, the act of Assembly
has not been gratifed has the Court right to find
the degree instead Of the jury, because prisoner did
notpead guilty On the other hand the jury have
termned the degree of murder, that the qs-
ton. lie cited Binneys Rep Gill, Ohio and Missouri
Reps He also read from British about the
part of our law
This accedes to the legal part of this argument
and adopts all so far but it does
settle the main question Of fttwhether the Jury found
generally Thc Court cited the 81 seerIo Sf sHY Of murder
1907 Mr. Nelson also argued, and cited some case to
show, that it was too late polling the jury fix the
degree Of murder That the jury answer upon first
being nteogated by the clerk and then it the pris
oner privilege to poll each man individually to ascertain
what his Judgment was The clerk has no right to put
leading questions to the jury bring their verdict
that no mans life would be safe under such proceedings
&c This is very imperfect sketch Of Mr. Nelson's able
speech, and only intended to review the naked points
presented for the consideration of the Court
The Court will finally proceed to consider the fact
whether the jury did did not find the prisoner guilty
murder in the first degree which las Mr.. Nelson says)
settles the question. When the jury court it
was late the evening and Mr.. Whitney prosecutor
was absent account of sudden indspoSition. but
Court supposed he present attend as usual to tho
rendition of the verdict according to the usual manner
The Clerk asked the jury if they had agreed upon the
verdict who should say for them to which tbev re
ponded they had agreed and their foreman should say
for them. WhereupOn the Clerk told the prisoner calling
by name William G Ford stand and hold up his rig
hand and requested the jury to look upon him ther
asked the jury-How say you gentlemen, is William
Ford, the prisoner at the bar guilty guity? t.
which the jury answered 'guilty'-and nothing more
Whereupon. and before any of the jury left the box
and whilst the prisoner was before them, Mr. Hack one
the counsel for the prisoner, demanded that the jury
should be poed whereupon the Court directed Schey
the Clerk, who taking the verdict ask the iur,
when he polled them whether they found the prisone
guilty Of murder in the first degree murder in th
second degree To which question, when it put t
jury the foreman Daniel D. Hobbs answered for the jur!
IN the words guilty OF murder in the first degree in
audible voice. and each of the remaining eleven jurors
when polled, responded guilty" without specifying tn
degree of murder in words
The Court is therefore of opinion that the Jury hay
found the prisoner William G. Ford ''guty of murder il
the first degree and will overrule the motions in arres
ofjudgment and for trial.
After the delivery of the above opinion, the Hon.
John Nelson remarked to the Court that the cOun
sci for the prisoner would take the case up on a
writ of error, to the Court of Appeals.
Judge Stump said he supposed that to be thei
intention, but he must pass sentence upon the prs
oner before the writ is issued.
Mr.. Whitney asked if the Court would now pro-
ceed to pass sentence, as Ford had been brought
from the Jail and was then in the lookup.
Judge Stump replied that he would not pas
sentence to-day, (Monday,) but it was likely ht
would on "Wednesday but would not fix any day
positively.
The case of the State as. John Stephens, AHA
Cyphus, (negro,) indicted for the murder of VIM
II. King. (negro.) by stabbing him in the breast
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of King on Wagon alley, was then taken up, ant
the empanelling of jury proceeded with.
The names OF the regular panel of Jurors were
called and each questioned on his voir dire as tC
the guilt innocen of the prisoner when clever
jurors selected. the regular panel then being
exhausted the Court directed the sheriff to summon
ten taeSmen, who on being called were all chal
lcnged peremptoriay for cause; the sheriff tber
summoned ten more talesmen from whom the re-
naming juror selected.
The following named gentlemen compose the jury
sworn to try the prisoner
John Weaver, VIM. II. Dorsey Daniel D. Hobbs
Thomas Croxall George Bramwel John c. Hen
nick. Benjamin Charles William Kimball Frank
lin Hopkins, Christopher Hergesheimer, John r.
Hinson, Owen 0'Brien.
After swearing the jury, it being quarter Of
two O'Clock, Judge Stump remarked he would not
begin with the evidence until this morning. and
ordered the jury to be put in charge of the bailifs
stating to them that they at liberty to select
any hotel they desired, where they could remain,
at the expense of the city, from day to dav until
the trial was closed. The Court then adjourned
until this morning at ten o'clock
The Grand Jury found a bill against Johanna
Brantmuller for the murder of her own son Michae
Brantmuller, aged three years, which murder wa!
committed on Friday last, at her own residence or
Ross street. near Eutaw. 1t is the general opinion
that the murder committed while the woman
was labOring under fit of insanity. That plea
will be entered in her case, and it is presumed tho
Court will order her to be confined in some Insane
Asylum.
UNITED STATES DISTRICT CoURT.-Hon. William
Fell Giles, Judge. William Meade Addison, ESQ
< District