The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-11-09
Ia w INTELLHENTE


CRIMINAL CoUGT.-Hon. Henry Stump, Judge
Milton Whitney, Esq, States Attorney, prosecut-
ing
The following occupied Yesterday:
On the opening of the Court, George NJ. Gill
ESQ.,, appeared at the bar, and asked leave to file
the protest and petition of John II. Thomas, con.
testing the election of Milton Whitney to the office
of States Attorney yf;I for Baltimore "a city
Mr.. Gill-"Yes, sir [ brought it here to be
filed"
Mr.. Gill then filed the following protest and petit
ton, which he also read, at the request Of the
Court.
TO the Hon. Henry Stump
Judge of the Criminal Court of baltimore:
John II. Thomas contests the election of Milton
Whitney to the office of States Attorney for Balt-
more city, on the following grounds, viz:
That on the first Wednesday of November in
stant, the day designated by the Constitution for
the election of said officer, the polls, with the ex-
cepton Of two or three, throughout the city, were
at an early hour, taken complete possession of by
organized bands of armed men, who, by violence
and intimidation, prevented the access thereto of
majority of the legal voters who desired and in
tended to vote for the election of said Thomas to
said office.
That large number of the votes which will an
pear, by the returns when they shall be made to
have been cast for said Whitney, were illegal
and trauduent-mary persons voting for him who
were not entitled to do sO-and many who were en-
titled to vote doing so more than once-under as
sumed names.
That some who assumed to act as Judges of the
Election said occasion, had not been properly
appointed and commissioned, and that some who
had been duly appointed and commissioned, were
by fraud and violence, prevented from discharging
their duty anG exercising their proper functions.
That some Tho acted as judges of election on said
occasion fraudulentlv excluded and refused to re-
ceive legal votes, which were cast and offered to
be cast in favor ofthe said Thomas for the said
offce-and fraudulently received and caused to be
counted votes in favor of said Whitney, which they
knew to be illegal.
Wherefore the said Thomas pravs that he nav
be permitted. at such time and in such manner
to your honor may seem proper, to produce evil
dence in support Of his said allegations and that
your Honor will decide against the election and
qualification of said Whitney for said Office.
JoHN II. Thomas.
Judge Stump then said, that he had told the
Grand Jary on Monday that Mr.. Whitney held his
Office till the first Monday in January, and that
any contest of his reelection must come up then
when he applies for the office.
Mr.. Gill replied that the object in filing it now,
was in order to take the necessary proof of the al
legations made while the circumstances are fresh in
the minds of the witnesses.
Mr.. Whitney.-"I await any order the Court
may please to pass
Judge Stump.-'I can't take this up now; Mr..
Whitney is the States Attorney yet, and the pro-
per time to contest his election is when he applies
for admission"
Mr.. Gill differed with the Court He thought
that an order should now be passed to take testmo-
ny-that the Court should decide before whom the
testimony shall be taken, that the proper notice
should be given.
Judge Stump.-''rll order the testimony to be
taken"
Mr.. Gill.-"That is all l requred
Mr.. Whitney hoped the Court would not decide
the matter thus hastily. He thought he was en-
titled to have a copy Of the protest and petition
served on him, and should have due notice lie
wanted time to demur, answer, or take such other
q bEslenmpd He bpOp6 M ord
would be passed to take testimony ec purte.
Judge Stump.-"Ccrtainly; it is time enough to
decide when the present time is out l am not
certain about my power to appoint commission
to take testimony. may have to take it te-
nus"
Mr.. Gill remarked that there was no act of AS
sembly relative to taking testimony in this court
in a contested election. The act Of 1854 provides
only for taking testimony in contested elections be-
fore the Legislature. The Constitution requires
the Court here to decide the returns of the cleo
tun of States Attorney, whether fair rot. Y our
Honor can decide how to take the testimony,
whether here in Court, before a commission, or
Justice of the Peace. He would prepare a short
order to meet Mr.. Whitney's views.
The Court again expressed doubt about its
power to appoint commission to take testimony
he thought the testimony would have to be taken
teBus.
Mr.. Whitney-''I hope your Honor will take time
to consider the matter"
The Court-"Yes, sir-but file the petition
The petition icing duly filed, the Court passed
order that copy of the protest and petition Of
John H. Thomas be served on Milton Whitney, on
before the 10th Instant
Shortly after the above matter was thus disposed
of, Mr.. Whitney arose, holding copy of The
american in his hand, and sad that in view of the
notice which had just been served on him, he de-
sired to call the attention Of the Court to art-
Gle published By man named Dobbiu and another
named Fulton, doing business on Baltimore Street.
which appeared in the American newspaper this
morning. He did not know for what purpose the
article was published just at this time, except it
to influence the Court.
Judge Stump.-'It cannot do that, at all events
Mr. Whitney after this interruption proceeded
to read the publication referred to, which,
after alluding to the remarks Of Judge Stump
Monday, in relation to the term of Office OF Mr..
Whitney, continues thus:
The Court informed has the power refuse to
recognize Mr.. Whitney District Attorney, and thus
force him to prove that he has been legally elected Ru
have been in the city some days past
that Judge Stump has decided pursue this course and
the public reference made to the matter in
dcae that the rumor has some foundation Infamous as
the fraud that characterized the whole election there
were some features of aggravated character
in connection with the vote for District Attorney Know
ing that Mr.. Whitney would be rejected by many who
voted the American ticket gang of that class of men
personally interested in his reelection went from poll
poll voting a ticket with his only upon it, In the
Seventeenth ward alone sixty of these plumpers for
Whitney as they were called, were found in the ballot
box"
Mr. Whitney continued and said be did not know
the object of the publication, but thought, from its
tone that it was intended to prejudice the mind of
this Court in relation to the question which had
just been raised before it. He knew of nothing
else for which it could have been designed. He
pronounced it a base fabrication from beginning to
end. As his attention called to it, he
had sent for the election judges of the 18th ward,
and also to the Office where the ballots had been
deposited, for the purpose of ascertaining whether
it true false. Mr.. Addison one of the judges,
was present in Court, and had informed him that
no such tickets asstated in the article had been
ceived-that there was no split tickets in the box,
with one exception and that Reform ticket,
which had his (Whitney'sl name inserted instead
of the Reform candidate.
The Court ---'You need not fear that the publ
cation will have any influence with me-
Mr.. Whitney.-"I am now ready to dsprove the
allegation, by the statement of Mr.. Addison
Mr.. Addison here came forward and stated to
the Court that there only one split ticket in
the ballotbox Of the 18th Ward, and that was a
Reform ticket, with the name Of Milton Whitney for
States Attorney on it, and Henry Stump and Mil
ton Whitney for constables. Considerable laugh
ter
The Court said it paid no attention to newspaper
articles. Things written as they are, generally
without proof and without reason, go sy him as
nothing. person troubled by newspaper para
graphs, will discover that he knows very little.
They contained many falsehoods, and for himself,
he had got used to them, and paid attention to
them.
The Judge then inquired in what newspaper the
article was published
Y,
SIR (handing the paper up towards the judge
Judge Stump Waving his hand as if not de-
sirous of coming in contact with it)-'0h, no, l
can't read it,
Thus the matter ended.
In the case of Sarah Mercer, a witness for the
State in the case of Hoffman. charged with murder,
and confined in Jail, Mr.. Mcfarland applied to the
Court to have the bail reduced from 81, coo, at
which it had originally been fixed, that her friends
were poor and could not give that amount.
The Court said it would reduce it to 81 900.
Mr.. Whitney wished the Court to recollect the
materisity of the witness testimony.
The Court said-"Oh, yes, he recoected it,
Mr. Rogers remarked, that as assistant counsel
in the prosecution of the case he entered his pro-
test to the reduction of the bai-she was the only
and the material witness for the State.
The Court replied-"Well, I'll reduce the bail
to 81, ,000."
The bail was not given.
The Hon. Reverdy johnson appeared as counsel
for Thomas Connery charged with the murder of
his BROTHER the trial of whom, was fixed for next
Monday. He asked, if he not here on Monday,
that the case should be postponed till some other
day, as he wished to join in the defence.
Mr.. Whitney remarked that it was not of so
much Importance that the case shall be tried on
Monday, but that it should be known when it would
be tried.
Mr.. johnson said he would inform Mr.. Whitney
by Friday, whether he could try it on Monday.
Charles Weaver alias Deaver, charged with
stealing market basket, valued at 1871 cents
from Rosa Ann Rudolph, was put on trial. The
basket contained some So worth of provisions and