The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1858-03-31
BALTIMORE.
WEDNESDAY, MARCH 81, 1858.

The old fashioned penalties, prescribed by the
criminal code of Maryland for the commission of
certain grave offences against the persons of cit-
Zens, seem to have been almost wholly superseded
in modern practice. ''Blood for blood" is the
retributiOn demanded by the law in certain cases
OF heinous crime, but something less than thirty
pieces Of silver is the present 'price of blood ex-
acted by the officers of the law in the city of Balt-
more. The simple entry of ''costs paid " upon the
docket of the criminal court, sufficiently indicates
the easy terms upon which, according to the i'm
proved practice of that tribunal, felonies may be
compounded, and leases settled" 1t also gives
evidence of the fact that although the gallows and
the penitentiary may be cheated of their dues the
public officials seldom lose theirs The endorse
ment true bill, on the back of an indictment by
the Grand Jury, must no longer be understood as
referring to the charges therein contained hut to
the charges of the Clerk, and Sheriff. and States
Attorney, upon payment of which criminals are
allowed to escape unwhipt of justice. The only
objection which we know to this cheap and easy
method of earning official fees without the necessity
of performing official duties, is the want of leeisa-
tive sanction and legal authority for the practice
The wise forethought of our lawmakers has alto
gether failed to invest the States Attorney with
power thus to settle and compound cases which it
is his duty TO investigate and try; or to drop prose
cutions which the obligation of his Office requires
him to follow TO the 'bitter end' of the conviction
and punishment of the guilty transgreSsor of the
laws. The States Attorney, it is true, is clothed
with discretionary power, in certain cases. TO COM
promise prosecutions for common assaults But,
we ask Mr.. WHITNEY, was the case of Imhoff. which
we cited the other day, "common assault?'' In
no sense of the word except as regards the fire.
quency of such in our city, could either
the shooting of Erasmus Levy by Imhof or the
subsequent attempt on the life of the latter by Al
exander Levy, be regarded ''common assaults"
Yet the former case, that of the State of MARYLAND
as. George NJ. Imhoif, was settled upon payment
OF COSTS" as is shown by the entries upon the
docket of the court; while against Alexander Levy il
does not appear that any proceedings were ever inst
tuted or even contemplated by the States Attorney
lmhoff shot Erasmus Levy through the head, and
his case is compromised on payment of COSTS" Al
eXander Levy fired twice at Imhoif with intent to
kill, and is VIGOROUSLY allowed to slip through
the fingers of justice without even an attempt be-
ing made to retain him in its grasp If Mr. WHIT
with Imhof, that Imhof acted in selfdeence. then
we ask why have not his assailants, whose violence
compelled him TO resort to the of such extreme
measures to preserve his life been brought to trial
and to punishment? Have any steps been taken
for that purpose? The very state of facts which
proves case of selfdefence for Imhoff and there
by absolves Mr.. Whitney from the moral response
biliy of suffering his case to drop without further
investigation convicts the assailants of Imhot of
an attempt at assassination for the failure to inves
hgate which no excuse can be given. As regards
the subsequent crime of Alexander Levy, the cir
cumstances of deliberation and generalization with
which it was accompanied, coupled with the fact
OF his relationship to Erasmus Levy, establish
case of willful conspiracy 10 murder-of deliber-
ate attempt at assassination, which the States At
torney has no possible justification or apology for
having failed to pursue with the utmost rigors of
The criminal law. Yet not finger was lifted to
punish the criminal and we cease therefore TO Won
der at the renewed attempt at the commission OF
the crime on the 10th of March,
Truly may it be said that in our city 'the maois- |
trate beareth the sword in van " and that the law
hath ceased to be "a terror unto evil doors" And
w
sibility before God and man, in thus openly viola
ting his official duty, in wnkng at these repeated
attempts at the preparation of murder and assassi-
nation, and in turning loose upon society, unpun- |
ished and unchecked the men by whom the sacred
laws have been thus tramped under foot When |
we add that the way in which this has been ac- |
compshed is wholly unauthorized by law: that |
this ''Sdtiemem' of cases. in the prosecution of |
which the State and society have an interest far
transcending that of the immediate parties has
been made without shadow color of legal all-
thority, then the full measure of Mr. Whitney re-
sponsbty to his constituents whose interests he
has sacrificed, and whose trust he has BETRAYED.
becomes fully apparent.
AS an appropriate pendant to this exposure of
official delinquency in the case of Alexander Levy,
we may add that the very man, Erasmus Levy,
whose shooting by lmhoif forms the first chapter
in the tale Of blood which we have thus unfolded
TO our readers, stands indicted for similar attempt
IN open sunlight at broad noon in the most pub
lie street and at the most public corner in the city
OF Baltimore to assassinate citizen. This attempt
was committed some months since not in the heat
OF blood, or in the excitement of a street affrav.
but coolly and deliberately, and in the presence
OF numerous bystanders, and of terrified and
shrieking women and children. Yet the ''maiesty
OF the law, about which men pirate so much,
slumbered and slept over the indignity it sus-
tanned in the person of the citizen whose life was
thus attempted with impunty; and Levy has con-
tinued to this day, we believe, in the undsturbed
exercise of the functions of a constable 10 which
office the voters of the Tenth ward had seen proper
to elect him.
Mr.. Levy is a conservator of the peace and Mr..
Whitney is States Attorney The facts we have
mentioned abundantly illustrate their respective
qualifications for the offices they fill