The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1858-06-26
Ia " LNTELLITENCE.

CRIMINAL CoURT.-Hon. Henry Stump, Judge The
following business transacted yesterday:
State Maurice Gdeman indicted for selling liouor
without license Milton Whitney, Esq States Attorney
prosecuting. William Schiey and William F. Preston
Esqrs., for the traverser.
On the assembling of the Court Judge stump delivered
opinion on the motion relative to challenging the array
of the jury, in which he stated that the cor
rectneSS Of ali the authorities cited by the the
traveer and that the exceptions urged very proper
and might he made under other circumstances In most
eases the reasons assigned would be sufficient for cha
longing the array In England if the challenge Of the
array not sustained the averser would he compelled
to be tried by Jury then in Court and could not be
tried by another tribunal but Constitution provides
that if is of opinion that he have fair
and impartial trial, he has the right
adjoining tribunal where the objections urged
apply, as the alleged interest of the sheriff. Thus the
traverser in this country is in quite different position
The Court don't wish try cases. but they could be
tried before him and would not be preudiced
OF interest If the raverser could select another m
bunal before whom to be tried jury in attendance
he would sustain the notion but they can remove to
another tribunal the necessity for the challenge of
array that exists in England does exist in this
try, and he would therefore overrule the motion.
Mr. Schey called the attention of the Court to the 18th
article of the bill of rights which asserts every man
well known and contended that if the was
PEELED TO remove his he would be denied constitu
/ tional right.
The Court replied that the meaning of the article alu
ded to the the principle asserted by the Dec
laraon of Independence person should reno
we'd for trial to foreign country as was done dnrn the
revolutionary period The Maryland the place
where the fact occurred and the clause referred embra
ced those limits.
newed the motion for challenge Of the array which
again overruled. This motion renewed to prevent
any informality in the proceedings
suggestion was filed and the removed to the Cir
cult court for Baltimore county. The averser ad
mtted to bail in the of $500, Charles M'Donad be
coming bOndsnan.
The States Attorney offered the first case against
Maurice Gideman but this proceeding being objected
by counsel for the pyoeui was entered
In this case the Sheriff returned the nomer.-
Another indictment then brought forward the indct
ment having been found by the grand jury Thursday,
in which another party was informer
The counsel for the traverser filed motion praying
that the State be required to elect the present Indictment
and to abandon the former one and urged as reason
therefor that they both for the offence that the
allegations set forth in both indictments were same
act, and that the grand jury could find Il double
dctment for the offence
The Court decided that a man cannot he convicted
twice for selling liquor without license during the
year. but if the States Attorney failed effect cOnyic
tion the first Indictment lac could then prosecute
upon the second and if he produced conviction upon
the first Indictment the travcrser could plead UteOtS
cOntict the second The motion was oyerruled.
The counsel for the raverSer then filed motion to the
effect that the three indictments found by the grand jury
against the accused all for the alleged offence,
and praying the Court to quash the present indictment
The motion overruled, and the further consdera-
tion of the case deferred until Monday
CoURT OF COMMON PLEAs.-IIon. Robert n Martin,
special Judge The following business transacted
yesterday:
Sigmund as Arrick-appea from Justice Carl-before
ported. Judgment affirmed.
Taylor Cole rs Jacob A. Preston-appea from Justice
Owings Judgment affirmed.
John Kettlewel Charles p. Peters administrator of
James S. Peters-appeal from Justice Myers. Judgment
reversed.
Court yesterday, and the Superior Court in