The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-09-27
La w INTELLIGENCE.

CRIMINAL CoURT.-Hon. Henry Stump, Judge.
Milton Whitney, Esq, States Attorney, prOsecu-
ting.
The following occupied yesterday:
On the opening of the Court the Judge asked
what case had been fixed for trial.
Mr.. Whitney replied that the case of Edward
Murphy, charged with the murder of Samuel Pat
terson, was to be taken up; the party had been ar
raigned at the last term, but the case had been
postponed and fixed by the Court to be tried to-
day.
The Court asked Mr.. Cowan, one of the counsel
for the defence, if they were ready.
Mr.. Cowan said that Mr.. Pitts the leading conn
sci in the case, still engaged at Towsontown
in the trial OF an important case-Cockey us Hard
ing. He (Cowan) was only assisting in the defence
and in the absence of Mr.. Pitts he did not feel au
thorzed to take the responsibility of going to trial
then, in a involving the life of a fellow-being.
The Court said that this case had been fixed Pc
remptorily for to-day and it must be taken up it
had been on the docket so long.
Mr.. Cowan said there were many cases which
had been on the docket longer than this-it was not
the fault of the defence that the trial had been post
poned-the Jury had been sworn at the last term
and when the case was about to be proceeded with
one OF the jurors was taken SICK and the Court Or
dered postponement He did not think it lust to
force the prisoner to trial without the presence of
the counsel upon whom he particularly depends for
his defence.
MIR. Whitney said, the case to which Mr. Cowan
had referred to at Towsontown finished; that
Mr.. Pitts in another case-this informa-
ton he received from Mr.. Pitts Saturday
MIR. Cowan thought this mistake, the case he
believed was still on trial.
The Court said the case must 90 on and ordered
the witnesses to be called.
Mr.. Whitney. "Put Murphy at the barr
The States witnesses were called and answered.
as did nearly all for the defence.
The Court. 'Issue attachments for the absent
witnesses, and make them returnable tomorrow
morning"
At this stage of the proceedings Messrs. Cowan
md Hop ii al.
few minutes, when Mr.. Cowan again addressed the
court. He said he did not know whether it was
necessary to again appeal to his Honors' sense of
fairness, in pressing the case to trial, when the
counsel upon whom the prisoner mainly depended
for his defence absent, in a case of life and
death the court should consider we'll before it or
dered the case to go on, but if the court still persis
ted in forcing the trial, he would have to submit.
The Court said it was rule that when there was
more than counsel and one was present the
trial should be proceeded WITH the case had been
postponed from last term, it had been called this
term, and by consent of counsel fixed peremptoriy
for to-day; the Court had asked if the case would
be removed, and counsel gave answer, but init
mated that it would not be. As to the capacity or
responsibility of the different counsel the Court had
nothing to do, the rule was that when any of the
counsel were present the trial should 60 on. The
State ready, the witnesses were all present,and
postponement would be putting the city to much
expense.
MIR. Cowan said he was aware that there was
mucn III tnls court winch was an expense TO the
city. That could not be blamed upon Mr. Pitts or
himself If the Court was determined to press the
to trial he would not take the responsibility to
try itwithout the presence of Mr.. Pitts and would
have his name stricken from the docket
Mr.. Cowan then ordered the Clerk to strike his
name from the docket as counsel in the case.
Mr.. Hambleton arose and said that he found him
self placed in peculiarly embarrassing position the
leading counsel in the case being absent, and Mr..
Cowan having ordered his name to be stricken from
the docket, he did not feel at liberty to take the
responsibility of going to trial. He would, there
fore, order his name to be stricken from the docket
also.
The Court.-"Now, if the States Attorney
wishes, he can remove the case to Baltimore coun-
ty."
Mr. Whitney.-'G will do no such thing This,
sir, is an important matter, and | desire to
know what rule of practice this Court will deter
mine upon fn case of this character. Will your
Honor observe the circumstances, Murphy
was indicted on the 25th of February; at the May
term the case was called-it was taken up on Mon
day, and the whole day consumed in getting a |
jury; on Tuesday, at the opening of the Court, it
was found that one of the jurors had been taken |
sick and could not come into Court. then pro- |
posed to summon another jury and proceed with |