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

the case, but some objection being made by the de-
fence, your Honor continued the case until the pre-
! sent term. A week previous to the commence
ment of this term, / had a conversation with
my friend Mr.. Hambeton, in which l understood
| him to say that the counsel for the defence
were very DESTROYS to bring the to trial early
in the term, and he (Hambleton) would see Mr..
| Pitts and Mr.. Cowan and have it taken up during
the first week of the term; when the called
at that time the counsel came in and said they were
not ready to proceed, and then the Court, with
| their consent, fixed it for today. They have Sc
lected their own time and their own day, and the
State is ready for trial We find now that the
counsel engaged by the prisoner from the COM
mencement OF the case to the present, the
counsel looked upon by him as those who were
to defend him in this issue of life and death,
striking their names from the docket. We
behold these gentlemen, who are sworn officers of
the Court leaving the prisoner at this stage of the
case without counsel. Now | want to know if this
Court will allow at the very time the issue is to be
tried, counsel, who were always employed in the
case, to come in and have their names stricken
from the docket. 1t would defy human ingenuity
| to bring case to trial if this thing be done.
prisoner would be and safe from all trial as
long he could get counsel to appear for him and
then when the case was called strike their appear
ance from the docket / ask sir, what will be the
rule practice adopted by this Court in cases like
this"
Mr.. Hambleton said he would like to set himself
right, in reply to some remarks of the States At
torney.
The Court-"You are no longer in the case, YOUR
name has been stricken from the docket"
| Mr.. Hambleton-"l am aware of that sir, want
| merely to make a personal explanation. When
! speaking to Mr.. Whitney about taksg up the case
| in the first week Of the term, told him that |
would see Mr.. Pitts and Mr.. Cowan in relation to
it, but did not make any promises that those gen
| tlemen would be ready to go on
The Court said that it had postponed the case for
| two weeks at the request of Mr.. Cowan, who said
he had some other business to attend to. The case
must go on or be removed.
Mr.. Hambleton-''The prisoner does not wish to
reno We the case from this community
| Mr.. Cowan.-F'Wil your Honor allow me-"
The Court.-"Well no, don't think will; you
are not in the now
| Mr.. Whitney.-"What rule, sir, will your Honor
adopt in case of this kind? / want to know,
| sir"
The Court.-''I don't know-will settle that an
other time. The Court thinks the conduct of the
counsel very absurd
Mr.. Whitney.-'1 want the question settled,
SIR.
The Court.-"Not now; will go on with the
case.''
The Clerk began to call the jury, when A. Ritchie
| Esq, advanced to the Clerks desk and addressing
the Court, said, that he had just been called into
the case and under the very peculiar circumstances
III which he found himself placed, he was compelled
to file suggestion for the removal of the case to
Baltimore County Court. He also proposed to offer
the same bail in the case as had been taken by the
| Court before.
The Court.-"Mr. Whitney you must attend to
| the ball.
Mr.. Whitney-'I have the same to saw now as |
did before. objected then to bail being taken in
case of murder. | do not object to any particular
bail, but to any bail at ALL
Mr. Ritchie.-"We will offer the same bail as
we did before; Mr.. Jacob King-in the sum of
| $1,000"
The Court-"Well you must bring the bail here
| before the Court adjourns; the Court can't take
the bail after the record has gone to the other
| Court
| Tho ,r;+no,so, ,roro oil roooo,;u,l :, A.. - r
$500 each to appear at Baltimore county Court.
Mr.. Whitney then said he would like to have some
day fixed for the trial of William and George Coul-
son, charged with the murder of Jonathan B.
| Chronister, as he would be compelled to send for
some witnesses who out of the city.
A bailiff was sent for Mr.. Yellott, who soon re-
turned and said Mr.. Yelott was at Towsonton.
Mr.. Whitney-"Better adjourn this Court, until
! Towsontown Court is over"
| The case will be fixed to-day.
| A jury de Lunatico inqurendo was empaneed and
Philomena Kavanaugh found to be lunatic
| and pauper, and directed to be confined in Mount
| Hope Hospital, at the expense of the State
George Burke and Thomas Eaton, indicted for
the murder of William W. Taylor, on the 18th of
July last, were arraigned. Both pleaded not
| guilty, and said they had no counsel.
| Burke, afterwards said, he expected his friends
! would procure him counsel in a few days.
The Court desired them to get counsel soon as
possible, and said the case would be called next
! Monday
Four young men named, Deford, Cosgrove, How
ard and Reese, charged with rioting on board the
steamer Express, were then placed at the bar.
ted them to be ready with counsel by Wednesday.
| Reese afterwards said, he was ready for trial,
| and would like to be tried then.
The State had no witnesses present.
! The of John Dibbs, charged with receiving
goods knowing them to have been stolen was taken
up, but owing to the absence of some State wit
nesses, who were in JAIL it was postponed until this
morning.
Tho hail IN Tho ooca IF Murnbr ,ro. ,ot o;r.,
previous to the adjournment Of the Court, he there
fore stands committed to Towsontown Jail. Bail
will have to be offered before the County Court.
The Court at o'clock, adjourned until this m orn-
ing at 10 o'clock.
SUPERIOR CoURT.-Hon. z. Collins Lee Judge
Several cases were called and dismissed.
Court OF COMMON PLEAs.-Hon. William l.. Mar
shall, Judge. The following occupied yesterday:
Samuel Ellinger rs. Edward Airey and Lavinia
Airey. An appeal from Justice Welch. Judgment
affirmed
Charles n. 0ehm Us. Samuel Adams. An appeal
from Justice Showacre. Judgment affirmed
James Frazier Us. Julius Martin. An appeal
from Justice NJ Kiney. Judgment reversed
UNITED STATES DISTRICT CoURT.-Hon. William
Fell Giles, Judge. The following occupied yester-
day:
Thomas Hooper's Executors Us. Jas. II. Stewart
libel to recover for materials furnished several
vessels. Before reported. Decree for libeants for
S546.4S William S. Waters, ESQ.,, for libellant,
and Jervis Spencer, Esq, for respondent.
TowsoNrowN, Sept. &c, 1859.
CIRCUIT CoURT FOR BALTIMORE CoUNTY.--Before
! Hon. Judge Price.
The civil docket was resumed this mornino and
the following cases disposed Of
Richard >. Hardisty, use of VIM. s, Garnttee,
U.s. BENZ G. Borrall, garnishee of James and Sally
Reuben Fagely ct al. Us. Michael McCabe. judy
ment by confession for Sl62SS
VIM. c. Trego ct al u.s. Jacob Hiss Jr-off
Isaac King u.s. John Piersall, Judgment by default.
| Hamilton Eacta II nd
| plaintiff for S23S.
Epbriam Hoffman Us. Levi Hoffman, Judgment by
confession on terms.
Francis III. Smith ct al vs Joshua NJ Bosley
judgment by default
Joseph J. Gambrill ct al. Us. G. l.. Staley-off
James Wright, trustee of Patrick Corcoran Us.
Richard Green ct. al, non pros.
The Trustees of the Sheppard ASYLUM Cs Charles
| Shipley; verdict for plaintiff for Sl50.97.
| ). Hlrsh Us. VIM. Mason, ct. al; Judgment for
want of plea
Samuel E. Griscom, attorney for the heirs of
Samuel Griscom Us. Joshua NJ Bosley; Judgment
| by confession for S330.42.
William Chestnut ct. al. vs. Adam H. Kraut
| Judgment by confession on terms
VIM. &. Coale Us. Joshua NJ. Bosley. Judgment
| by confession.
VIM. E. Coale u.s. James Wright. Judgment by
! confession.
John W. Gordan Us. Joseph H. Thomas adm d.
D. n. of Thomas Ii. Fulton. Judgment by default
| for want of plea.
James Thompson Thomas ]. Warrington Re-
| moved to Hartford county.
James Desvarreaux Us. lara North. Referred to
John C. Blackburn.
Joseph C. Dali Us. Edward Whittemore, admins
traitor d. B. N. of Caleb Whittemore.-
Nancy Stau Us. Reuben E. Jones,-2 cases. Re-
ferred to r. j. Cuttings and r. r. Boarman.
Trustees of the Sheppard Asylum Us. Charles
Shipley-verdict for plaintiffs for Sl45,S9.
Elijah P. Jones Susannah Jones-verdict for
for plaintiff for 1881 ,O4.
The Cumberland Coal and Iron Company u.s.
Thomas Fortune, judgment by confession on terms
to be filed.
Benjamin G. Barroll Us. Robert Jenkns-iudg-
ment by default with leave to execute writ Of en-
quiry.
The Union Mutual Insurance Company of Phila-
dephia Us. VIM. Mann and VIM. Mason, Jr Yer
dict for plaintiffs for S463.15
James W. Hanson Us. VIM. McCann-non pros
Under rule.
Daniel Yondersmith Us. Benz. F. Hause-iudg-
ment by confession.'
The case of the State Grose, and also the case
of Ely, was assigned for trial On Thursday next
and the case of the State Us. Diver for Friday.
The Court at o'clock adjourned until tomorrow
morning, when the civil docket will be resumed.
IMPORTANT WILL CASE IN INDIANA
An important decision has lately been made in
the Circuit Court of Fayette County, Indiana, in
action to test the validity of the will of Joseph