The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-02-09
La w NI,ELLIGENCE.

LII w L1N HLLIU E1NC-E.
CRIMINAL CouRr.-Hon. Henry Stump, Judge
Milton Whitney, ESQ.,, States Attorney, prosecu
ting. The Court was engaged in the following
| business yesterday:
State rs. Hammond Trupper, "a boy,) indicted
for the larceny on the 9th of January last of three
journal bearings valued at 81 each the property OF
| the Philadelphia, Wilmington and Baltimore Rail
| road Company. The evidence for the State was
to the effect that the boy to creep through
hole used for throwing out cinders from the black
smith shop of the company, and again to come out
and conceal something in his breast; he was ar
rested and afterwards went with Captain Mitchell
to the neighborhood of the depot and told him that
the articles were concealed on the top of pile of
lumber, where they were found. Verdict OF
guilty" The jury recommended that the boy
be sent to the House of Refuge, which recommenda-
ton the Grand Jury had previously made. The
Court after giving the lad some wholesome advice
sentenced him to be confined in the House of
Refuge until he arrived at the age of q years. Will
son and Magruder for the defence
Hammond Spere, charged with the larceny, on
the 4th of February, of one opera glass; valued at
$50, the property of Alfred H. Reip was arraigned
and pleaded "not guilty" Mr.. Sweeny appointed
as his counsel.
VIM. II. Cowan, ESQ.,, here arose and asked the
case of VIM. G. Ford At present it was in rather an
anomalous position, and his counsel would much
like to know what was now the exact situation of
the case. He had filed a petition some two weeks
of the Warden of the Jail, and desired the Court to
fix some time when the argument upon the petition
for discharge should be heard.
Mr. Whitney said that this was the first time he
had been Informed that such motion had been
filed; he would state however, that he was ready to
argue 1t at any time after he had procured copy
of the petition
The Court asked Mr.. Cowan if Mr.. Nelson would
argue the motion.
Mr.. Cowan replied that Mr. Nelson would not
argue it, being otherwise engaged; but he would
assist him (Cowan) in presenting his argument to
the Court
Judge Stump said he would hear the argument
during the coming week.
The following petition was filed in Ford's case on
the 3lst of January, ultimo.
STATE OF MARrLASD0 In the Criminal Court
WIN. G. FonD. January n,'i Term, 1859.
To the Honorable Henry Stump, Judge of the said
Court.
The petition of the said William G. Ford most
respectfully sheweth to your Honor that he is now
incarcerated in the Jail of said Baltimore CITY, by
virtue of commitment from this Honorable Court
to the Warden of the said Jail; and the alleged
cause OF his Imprisonment and detainer is for the
wiltui murder of Thomas II. Burnham, for which
charge he, the said William G. Ford, was indicted,
tried and convicted at the last term of this Court
and Judgment pronounced upon the said conviction
against him; and subsequently to the pronouncinp
OF the said judgment writ of error was sued out
by him to correct what he alleged to be error in
the proceedings in his trial and conviction before
this Honorable Court and the Court of Appeals
reversed the judgment of this Court on hearing the
case on the said writ OF error, and now the said
said Warden of Baltimore City Jail to bring him,
The said William g. Ford into this Court, that cause
may be shown, why he, the said William G. Ford
should not be discharged from the custody of the
said Warden, and as in duty bound, he will ever
pray, DC. WIN. H. CowAN,
of Counsel for Ford.
John Hubbell, charged with the larceny, on the
9th of December last, of three yards of black silk
velvet, valued at $780, the property of James Per-
ry, was arraigned and pleaded f'not guilty"
Mr.. Whitney stated to the Court that the traver-
ser ad been previously admitted to bail upon this
charge, but that when called for trial he did not
appear, and his recognzance was forfeited. He
had now been brought in on bail piece.
Hubbe said he was ready for trial; had no coun-
sci nor any witnesses. In reply to the Court who
told him to get lawyer, he said he did not want
lawyer.
Mr.. Whitney.-"He's sensible man."
His will be tried this morning.
Balty Smith was then placed at the bar. Mr..
Whitney stated to the Court that the raverser had
been indicted at the last term of the court Jointly
with Richard Deary, for an assault with intent to
murder one John Fl. Brummel. Deary was arrested
at the time of the assault tried convicted and sell
fenced to the penitentary. Smith escaped, and the
warrants for his arrest were returned est, and
stet had been entered by the State. He now wished
the stet to be stricken out and to try the case as
| soon as possible.
The traverser said he had no lawyer, and the
| Court appointed VIM. A. Adar to defend him.
1t is expected his case will be taken up to-day.
State Us. Thomas Watkins, (negro,) indicted Cor
the larceny of silver watch of the value of Sc
| the property of George Hall, (negro.)
When George Hall, the principal witness for the
State, was called to the stand, he being boy, Mr..
Phelps, counsel for the defence, remarked that he
would like to ascertain if the witness was compe-
tent to testify; whether he knew the nature of an
| oath.
| In reply to the question whether he knew the
nature of an oath, the witness said, "yes, that it
Mr.. Phelps-"What are the consequences if you
don't tell the truth ?"
Witness.-"I don't know what are the conse-
| quences"
Mr. Pheps.-"Then submit he is not a compe-
tent Witness
Mr.. Whitney.-"He says he knows the nature OF
an oath to be, to tell the truth"
The Court.-"Well, go on
Mr. Phelps.-"The witness says he does not
know the result consequences if he should not
tell the truth. l object to the testimony"
The Court thought the witness competent.
The evidence went to show that the traverser
took the watch from the room of Hall, where he
had been sleeping; he acknowledged the taking,
| but said he would bring it back.
Verdict of guilty. Motion for a new trial
State Us. John Gray alias Henry Gray, indicted
| for the larceny of one mahogany ottoman frame,
valued at $780, the property of George Shultz,
house. Verdict of guilty. Sentenced to the Peni-
tentiary for two years and six months.
All cases OF assault with intent to kill will be
taken up to-day.
The Court then adjourned until ten o'clock this
morning.
CIRCUIT COURT PoR BALTIMORE CITY.-Hon. VIM.
George krebs, Judge. The following business was
transacted in this Court yesterday:
| Hester Ann Morgan Charles S. Morgan. Ap-
| plicaton filed by complainant for divorce uin-
cuto matrimonfi from defendant. o. F. Hack for
| complainant.
CoURT OF COMMON PLEAs.-Hon. VIM. l.. Mar
shall, Judge. The Court was engaged in the follow
ing cases yesterday:
| William Garitee Isaac Fuller An appeal
| judgment for appellee for 500. Is and costs.
| p. F. Schcker William Fl. Stnson. An ap
| peal from Justice Hayward. Judgment reversed
and judgment for appellee for $2S and costs.
Assignment for to-day, jury appeal trials, from
| l02 to 205.
SUPERIOR CoURT.-Hon. z. Collins Lee, Judge
The following business was transacted in this Court
| yesterday:
Cuttings rs. Baltimore and Ohio Railroad Com
pany. An action of ejectment. Off
Thompson rs Montague Non pros.
James S. Welsh and George W. Legg rs. James
T.. Wysham, William E. Hopkins, garnishees o
| John II. Ford. Attachment warrant. Verdict
for plaintiffs. First issue for 81 20, second
issuefor l,2l420. Boyd for plaintiffs; Brown and
| Bruno for defendants.
Same vs. James X. Wysham, garnishee of same
| An attachment on a warrant. Same counsel. Off
Jacob Schandstein George Bayor. Inquisi
| tiff.
John H. Berry William H. Mclean. Proce
dendo. J. B. Poe and Levin Gale for plaintiff; C
| Mclean for defendant. Not concluded
Assignment for to-day 636 to 667.