The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1858-11-27
Ia W INTELLIGENCE.

On the opening ofthe Court VIM p Preston ESQ., coun-
sci for VIM Whetosd alias Ioppey and VIM Baker arose
and stated to the Court that the Court about
adjourn and the State had brought clients to
he asked that they be discharged upon their own
cognizances to appear when wanted Mr.. Preston said
that last June indictments were found by the grand jury
against Robert Bob Sutton, William Whetford alias
Hoppey and William Baker, said indictments charging
them with the larceny the 18th of March the
of $4,000 in bank notes, the property Messrs
Pratt Brother Of this city, which money had been left
mt desk in the Farmers and Planters bank of this CITY,
by Mr.. Royal W Church. clerk the above firm Robert
Sutton, of the men arrested has been discharged
being no proof against him. the other two have been
Jail nearly four months ready and anxious for trial.
These parties belong to Brooklyn and arrested in
city and brought here upon requsiion by the Gov
ernor of Maryland to the Governor of New York. Mr..
Preston said he had frequently spoke the States At
orney in regard to these cases. to fix day
for trial. he said counsel for the accused that he
prepared to show by proper proof that they were entirely
innocent Of the charges brought against them and under
the existing circumstances he would ask the Court
ter plea of mot guilty" discharge them upon their
own ecognizance as it appears that the State is not
ready to prosecute.
Mr. Whitney said that the State was ready to 20 to
trial, but he had previously told Mr. Preston, in
versaton about the that the State only wanted
six days to get its witnesses here whenever the
defence prepared to try the The indictments
in these found the 9TH of last June and
the State could show that Whetord who resides in Brook
lyn absent from his home for about months after
wards and could not be found He arrested with 9th
in August and brought here. This is the first
time the defence mas asked IN open court 10 nix DAY Tor
the trial of these cases. The State cannot go to trial.
the defence had asked that the trial proceed certain
day before the adjournment of the Court the State could
have had her witnesses here and have been ready.
Mr. Whitney objected to the parties being released
their recognizances.
Mr. Preston said that the officer for the State had as
serted that Whetford absent from his home for
months after the indictment found against him. the
States officer MISTAKEN he (Preston could prove by
adav of respectable citizens Of Brooklyn that Whetford
not absent from his residence in Brooklyn for
days from the first of the year until his The
day may he fixed for the trial of these cases; the State
has its evidence and the proof and it must call the
up, and then the defence has the right to ask post
ponement from the Court if they are ready;
that has been the usual practice in this Court.
it is the province Of the defence to have day fixed
the trial, and that the State may continue If it is
ready The States Attorney had been frequently spoken
TO by him. III regard to these cases and he had several
times remarked that the State got through
with the murder trials he would give his attention
them He (Prestoll was aware that he had spoken
TO the Court in relation to the he did think it
necessary The States officer is sadly msnormed about
the facts in these cases, he is entirely mistaken.
Mr.. Whitney-'Not at all, not at a'
Mr. Preston-"Those that are most certain most
liable to b mistaken"
Mr. Whitney"That is the reason you are so certain
Mr. Preston, Ito the Court )These cases have been
postponed now until the end of the term, your
Honor to discharge the parties their
the State is ready try them"
Mr. Whitney-"I am ready to try them, only want
time to get my Witnesses
Mr. PrestonI your Honor that if the plea of not
guilty is not entered that you discharge the prisoners
There is no evidence against them upon this charge
prove that Wexford not away from his home during
Mr.. Whitney.-I have half a dozen witnesses to show
that he wasn't there, unless he was closeted."
MI Preston-'l can show that the gentleman is labor
ing under a mistake
The opinion that if the counsel for the de-
fence anxious to have tried these cases he should
have asked the Court to have day for trial The
Court not there such case to be tried
The Court thinks it ought hold the parties to bail
can't discharge them without bail
Mr.. Preston.-"Will the Court some day when it
wi! sit in chambers and decide about this question
bail?n
Judge Stump decide that understand that
the states Attorney and yourself made arrangement
that when you wanted the tried you would give him
don N'N -O'
Mr. Preston.-'No sir there was no arrangement made
would not place myself in that position"
JUDGE Stump-''Well, will not discharge them with,
out bail.n
Mr. Preston.-"Wu the Court fix the bailgn
judge StumP-''You said you couldn't give bail; what
necessity to fix it, the Court could find any to dis
charge them without bail, it would do it"
Mr Preston.-"Ths dialogue would figure conspicuous
~ in printed report and desire to end it, but
know what bail the Court will name"
Judge Stump-''Well I'll fix the bail at SIS O0O
Mr. Whitney-Y our Honor, before that entry is made
fixes the bail at So COO that is half stoen
that way man can steal $4,000, run away and make
$1,000 by the operation"
Judge Stump-Well then, I'll make it SO Coo and if
they can show any good reasons the Court will reduce
NJ Preston then in company with woman said TO he
Whetford's wife left the Court room.
After the above matter disposed of, Mr.. Whitney
stated to the Court that named John Suter had
against Suffer- one for assault with intent kill John
T. Crow another for roting and another assault and
battery. Mr. Whitney asked the Court to fix the bail in
each case.
The Court said it would fix the bale in the of
saut with intent to kill $780, in the case of roting at
500, and for the assault and battery 800.
After the Court had fixed the bail John Hnsley stepped
to the Clerks desk in front of the Judge when the Clerk
stated to the Court that bail offered in Suter's
cases.
Mr.; Whitney Ito Hinsleyl-'Are you worth one thous
and dollars, over and above your debts?'
Hlnsiey.-'Ies, sir''
Mr.; Whitney.-"Of what does your property con-
sst?n
Hinsley-"B Buildings, horses carriages, niggers and
money"
Mr. whitney.-"what buildings are they?n
Hinsey STABLES
Mr.. whitney,-"whati is your stable WORTH"
Hinsley-"About IS 000."
Judge Stump.-"There's also tavern attached to it.
amt there?''
Mr.. whitney-"Any mortgages or bills of sales or
judgments against you2'
Hinsey.-"No, sir''
Judge stump-'I take him If any body can prove
that he has made his property will party
re-arrested. Complaints have been made to me about
taking him as bail but believe he's worth it. If any
body pays him for going bail for them can't help it,
Mr.. Whitney.-'He swears his property stands in his
own name
Judge stump-'Yes, if a man gives him one hundred
dollars to go bail for him that's not my business
The Court then discharged the petit jury for the
and returned them thanks for their attendance and
ton during the session.
The Grand Jury the following recommendation to
the Court.
Hon. HENRY STUMP,
Judge Of Criminal Court of Baltimore CITY:
AS evidence has been presented the Grand Jury
which justites that body in finding bill against the
gro William Green charged with the murder of Will
liam King coored and now In JAIL it is requested that
he be discharged.
Very respectfully,
VIZ. a. CATHcART, Foreman.
Green ordered to be discharged
The Grand Jury then came in and announced through
VIM H. Cahcart Esq., foreman that they had got through
with their abors and had adjourned die The Grand
Jury were under many obligations to his Honor and the
and
sttings of the body.
Judge Stump returned thanks to the Grand Jury for the
faithful manner in which they had conducted their deib
eratons and happy say that they and the officers
of the Court in their business transactions had always
harmonzed.
The Grand Jury presented the following reports on the
Jail and Penitentary to the Court:
SEPTEMBER TERM 1855
Hon. HENRY STUMP, Judge Of tie CRIMINAL Court of Bal
timore City:
In compliance with duty the Grand Jury has visited
the Ja ana after an examination respectfully report
That the prison found to be in excellent condition
could be expected with its present arrangement and
pacty; that the Warden and his assistants manifest by
the cleanliness and order which pervade the establish
ment their care not only for security but the health
ana comfort of the large number of prisoners The
her of prisoners confined within the walls two hundred
and twenty, of these there are:
WHITE men. OBSERVATION-DISCLOSURES. ....156
hlte women ..'............... ........ ~
Cooleu lheh'.''-- '.'...'..'.''.... -
are accused Of these varou; degrees Of crime, viz
teLony '.........'... %
ssduit anu Fines' '........-l09
Three of these under death for murder
After witnessing the crowded of the prison it is
with qualification that the Jury able report that the
work upon the new Jail recommended the 18th of
July last past, under the direction of Messrs j. W. Max
Wen Co. contractors and that progressing as rap
uy as consistent with good workmanship and solidity
me new jan when completed, will afford separate cells
Tor three hundred prisoners besides Offices for the Warden
ana ms deputies and other necessary apartments 1t is
expected that onehaf of the building will be ready
Ior occupancy by the first of May 1859 and the whole
completed Tor delivery to the proper authorities bv the
first day Of September next. eS " 'ne
The Grand Jury with pleasure acknowledges tho wars.
emcent cooperation OF the polite officers of Tho e.
during the period of their protracted session Nv IT.;
The jury has been enabled to accomplish sncb . ,
0'''' Vi OuslAesS' lolgned by the Grand Jurors
H. H., SEPTEMBER TERN Is5S
timore City: "'V Dat
The Committee of the Grand Jury appointed to examine
into the condition of the Pententiary respcctfII 1919
That awaiting themselves of the facilities afforded b H.
polite arden and his deputies the members of the
mttee were enabled thoroughly examine the Which, %
Enlistment and to observe the condition of the nr;s
that they are pleased to report to the general ood
and management of the institution the admirsbIe .
of the buildings and grounds the com fort and b
of the unfortunate inmates, and to the stric
paid their security. During the examination tbo
mittee was particularly struck by the great mnrov
in the health of the prisoners, since the nstaIman Of IL
present Warden, and the employment the hyscian