The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-01-14

Tue late vi the Dill, the committee rose and the
House adjourned.
TRIAL OF PETER CORRIE
AT TOWSONTOWN,
FOR THE MURDER OF POLICE OFFICER
RIGDON
DAY.
TowsoNTowN, January 18TH 1850
CIRCUIT COURT FOR BALTIMORE CouNTY-Hon John
H. Price, Judge Richard j. Cuttings, Esq., States At
torney, prosecuting.
William p. Preston, Esq., for the defence
State u.s. Peter Corrie indicted for the murder of police
officer Robert NJ Rigdon by shooting him with pistol
on the 5th of November last.
There large number of persons in the cour
room yesterday owing perhaps to the fact that
dred taesmen had been summoned by the Sheriff, from
the remote parts of the county, who present with
friends and members of their families.
On the opening of the court, Judge Price asked Mr.
Cuttings if he was ready to proceed with the trial of Peter
Corrie
Mr.. Cuttings -"I presume so, sir'-(aer an interval
OF few moments)-yes sir the State is ready to go on
ceed ?'' ~ r
Mr.. Freson-"I would like the witnesses for the de.
fence called, your honor"
The Clerk then called the the witnesses who
had been subp9nad by the defence. 1t appeared
only two or three responded to the call.
There are much larger number of witnesses summoned
for the defence in Corres case than there were in the
case of Crops, tried under the same indictment
After the names OF the witnesses for the defence had
been called Mr. Preston arose and addressed ba Conrt
He said that the Court would observe very of the
witnesses for the defence had the call of the
Clerk and in view of the circumstances surrounding this
case connected with the recent trials he would propose
proceed to ascertain from the hundred alesmen
moned here there could be number selected
as competentjurors who, without swearing them would
be able and competent under the Courts instructions
act in the jury box He said that this procedure not
new it would facilitate the progress of the trial instead
OF rearding it. certain number of the taesmen could
be selected thirtyve, who could examined and
instructed by the Court and directed on Mon
day morning. Out of these thirtyfve there be
selected only twelve this would allow the prisoner ample
space for his challenges. He would submit the
Court as matter entirely in the discretion of the Court
This would also relieve jury from being
confined on Sunday, although that confinement
to be considered in of this kind involving as it did
the taking of mans life
Mr.. Cuttings replied to the remarks made by Mr. Pres
ton lie SAID that it was proper for many reasons that
this trial should be proceeded it'll now it is
est of the public and Of every who summoned here
the part of the State When this was called the
State was anxious to try both prisoners time
but by the decision of the Court the State compelled
to try one offender at time because the defence had
and undertook to prove that the defence of prisoner
would mpcate the other and that the testimony would
be antagonisc. The State humby abIded by the de-
cson OF the Court but supposed that when the trial of
Crops was concluded the OF Corre would mmedi-
atey be commenced The counsel has had ample time
prepare his and offers good why this
trial should not now be commenced. This cannot
afford to lose this time; there here hun
dred county indictments to be tried and hundred
indictments from the city, and it is for the public
that the be proceeded with at once This trial will
be long, and under all the circumstances it ought to
begin.
Mr. Preston replied Mr. Gittings and said that he
did not wish any msunders exist between him
self and the learned attorney for the State but he feared
that the counsel had msconsrued his remarks In max
ing the proposition just submitted the court he had
not in view mere postponement of the he did not
seek postponement in this way This case of life
and DEATH momentous period the prisoner if he had
wished postponement absence so many witnesses
for the defence would have been sufficient argument
ask the favor of the Court for few days
but he considered both the convenience the Jurors who
should not be confined any longer than necessary
and also that time would be lost in the trial. other
wise that it would facilitate its progress and time
Judge Price said that he good delay
ing the ta ana thought ought to be proceeded with.
He then ordered Peter Corrie to be placed at the bar
Corrie was then placed in the prisoners box. He is
shorter than Cropps of stouter build has dark
curly hair, and fair complexion He is dressed in neat
suit of black and apparently from his tidy look
accustomed to different associations from those in which
he was found the night of the murder. After being
seated he bended his head and kept his eyes fixed stead
fast upon the floor, raising them during the whole
his unfortunate position.
After the prisoner placed in the box Judge Price
said that in selecting the jury the would
pursued as in the trial OF Marion Crops The questions
which would be popounded would be in accordance with
the decision of Chief Justice Taney which had been re-
erred to in the other trial. and which had been acquesced
in by Mr.. Whyte.
Mr.. Preston said that to any arrange
meht OF the KIND he was present during the ar
gument before the Court that case, but he couId
not of course participate in it. but he did not
adopt that mode of questioning and would object to it
He referred to the decision of Justice Taney published
IN Wharons reports, and said he did consider it au
henc it to decision in a case but did not pro
duce the case, it the assertion of Mr.. Wharton
hook writer If it decision of the Chief Justice of
United States reported as sucb no man in the nrofce
sion would pay Difference than himself Whar
ton processes to report the decision of Justice Taney in
trial which occurred in Baltimore but have report
of that trial. therefore it is good reference Whar-
ton should tell us what trial it and report the case
not say that it trial When jurors enter the box
said Mr.. Preston, want them to enter it unramelled
and unpreudiced in the language of old writer et
them cast the shoes of prejudice A their feet the ground
they tread upon is holy
here will assert said Mr. Preston that in the dis
charge of my duty as lawyer and as man, if should
find juror who, being upon his vOir dire should
say that he had not formed expressed opinion and
| afterwards found that this had expressed an
opinion to A. B. c., would pursue him the end and
boldly charge and fix the crime of perjury upon him.
Mr. Preston then referred to the
ing his client, and said that it easy thing for
man to come and say he had not formed opinion to
his guilt or innocence merely because he had not any
kind or humane feelings towards him who look
ed upon a tainted thing.
In TIE trial of Marion Cropp said Mr. Preston
told the Court that the defence of would mpcae the
other. God forbid said he that should witness
fragrant and gross attempt another mans life
that attempted then. What! ruffians whom honest
would be afraid to meet in the dark; common stab
Ders and backs to come upon the stand and seek to
lmpcae and crush man who had the misfortune to be
in their company for few hours the proceeding most
outrageous.
Mr. Preston then asked the Court to allow the ordinary
questions to be put to the jurors that jury could be
procured untramelled and undefled.
Mr. Cuttings replied that he had nothing to say in
swer to Mr. Preston further than to remark that he would
have been pleased tohave heard what questions the
sci would like to have put to the jurorsthe words he
would wish to adopt when questioning the jurors upon
their Uoir dire
Mr. Preston-'May it please the court would like the
question decided by Judges Chase Curtis Marshall
to be proper for questioning the jurors Judge Chase
that the question Have you formed expressed
opinion in regard to the guilt innocence of the prison
er the proper question Judge Curtis says Have you
formed expressed delivered an opinion relative
the subject matter of this trial. These submit the
only proper questions
Mr. Gittings said as they trying the in the
State of Maryland, he would rather guided by Mary
land decsion and said that the rule adopted by Chief
Justice Taney was the proper
Mr.. Preston.-"But you havnt got that decision; you
have it in Wharton that the decision made but you
have not got the reported
Judge Price requested Mr. Preston to be seated; the
court was willing to hear arguments questions, but
would not permit in erruptions by counsel.
Mr. Cuttings continued and said that out of fourteen
Stats where this question had been discussed thirteen
favored the view taken by the prosecution here and three
only held to the views entertained by the counsel for the
defence.
Mr. Preston replied and said that instead of the States
Attorney telling about the number of States where decs
ions had been made he should have pointed out the spe
cifc He said he did recognize the report in
Wharton the report of decided the States At
torney has decision of the kind is only the report of
book maker.
The States officer shakes his head said he II would
not say ancient lawyer has said there nothing
| deal in it.''
Mr. Preston went and said that he did not believe
! that Justice Taney made such decision. If the
questions adopted in this reported in Whar
ton it would amount to this: that could go into
the jury box with formed opinion, although he might
| say he had it not at the present time.
Judge Price said that he had given this question due
consideration the previous trial. and his opinion
was the same as then He still held that the rule laid
down in Wharton, as decided by Justice Taney the
proper As to the report in Wharton being authen
tic, he had taken the pains to call Judge Giles, who
sat with Justice Taney the time the decision wa
made and he had assured him that the report
correctly maturely deberated blythe Chic
Justice at that time, and properly reported in the book
referred to- He then turned to the decision Mar
SHALL who that an opinion deliberately formed
delivered would exclude juror but the formation alon
| of an opinion would not eXcluden The Court in th
trial. would nterrogate the jurors following the rule
Chief Justice Taney and ask them f they had formed
expressed an opinion to the guilt innocence of th
prisonerf then "whether it deliberate, fixed
abiding opnion2' The expression or formation o
opinion will not exclude juror. The Court propose
to investigate the mind of the juror to ascertain whether
1t is mere expression formation of opinion
whether it is fxed deliberate and abiding opinion.
After Judge Price had given his opinion above, ht
names of the jurors the regular panel called
each upon his roir dire To the question pro
pounded by Mr. Gtings whether they had formed ex
pressed opinion to the guilt innocence of tn,
prisoner they seyeraly replied in the affirmative The
names of the talesmen summoned were then called
Philip B. Anderson had not formed expressed opin
ion, and not opposed to capital punishment chal
lenged peremptoriy. John 3. Pearce challenged per
emptorily
Daniel Sullivan had formed opinion from newspaper
reports-no bias unfavorabe to the prisoner
Mr.. Preston.-'Have you formed an opinion for OF
against the prisoner?n
Mr.. Gittings-''I object to the question:,
Judge Price ruled that it not proper question
challenged peremptory.
Levi Sparks had formed an opinion; had formed al
opinion to the extent that Peter Core concerned
with Crops in the murder of Rigdon; challenged fo
cause.
Victor Holmes and Aaron Sparks did not answer
Judge Price said those that did not would be
tached.
Isaac King had formed opinion; can't say that hi
mind was made up; challenged for cause.
William Morrison has made up his mind; challenged fo
cause: