The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-10-21
Ia w INTELLIGENCE.


CRIMINAL CouRT.-Hon. Henry Stump, Judge.
Milton Whitney, ESQ.,, States Attorney proseeu
ting, assisted by 7. Joseph Rogers. Esq.
William 5. Waters and r. l.. Garretson, Esurs
| for the defence.
State Robert Miller, indicted Jointly with
Thomas Hoffman, for the murder on the night of
the 23d OF August last of Hugh D. O'Sullivan
| by shooting him with pistol in the back of the
head, causing mortal wound of the length of
halt inch and of the depth of four inches from
which wound the said O'Sullivan instantly
died.
The jury in this case, who retired at - O'Clock
on Wednesday, returned from their quarters yes
terday, morning stating that they had not agreed
upon their verdict.
They were directed by the Judge to repair to
! the jury-room in the courthouse and stay there
! until they had agreed,
After the opening of the Court, Mr. Whitney re-
marked that the trial of Thomas Hoffman, indicted
! jointly with Miller, had been fixed for to-day but
! the State could not 60 on, owing to the fact that
the jury up stairs had possession of the indictment
| Mr.. Yelott, counsel for Hoffman, said there were
| two reasons why the trial of Hoffman could not be
proceeded with; first, the jury in Mer's case had
the Indictment in their possession; and, again. the
defence claimed their right of challenge to the
whole panel OF jurors, several Of whom were on
Miers case.
The Judge remarked that Mr.. Yeott could hard
y expect to select any of the present panel as thev
had not agreed on their verdict, and having heard
all the testimony, must have formed their opinions.
the fact, still they claimed the right to the whole
panel
The Judge at twenty minutes past ten O'Clock
sent bailif to the jury, who soon returned and
said they had not agreed.
The Court said the jury must stay in the conrt
house
Mr. Whitney remarked that the State could go
on with the case of the CuusOns.
Mr. Yello.t their counsel, said the defence was
not ready, they had no witnesses present. as it was
the understanding that Hoffman should be tried i'm
nledately after Miller; again, the defence claimed
in this case, qso the right of challenge to the
whole panel of jurors.
No witnesses being present in anF ether case Jury
de Lutat'co lnqu1rendo was empanneed, and ThOs.
Addison found to be lunatic and pauper, and
ordered by the Court to be confined in some
hospital at the expense Of the State.
At twenty minutes of one O'clock the jury in
Miers case sent communication to the Court
stating that they had not agreed, and that there
was probability that they would agree and prayed
the Court, under the circumstances, to discharge
them.
Mr. Waters, counsel for Miller, was then sent
for
The following parties were then arraigred:
Peter Miller. indicted for the larceny, the 2Sth
of July last, Of one silver watch valued at 50, the
property of John Penthouse, pleaded not guilty.
John w. Smith, indicted for stealing, on the
25th September last, cloth coat and one slouch
hat, valued at Sll.50, the property of George w.
SmthsOn, pleaded not guilty.
William Hubbard charged with stealing clock
valued at 81, the property Of VIM. Cooper, pleaded
not guilty
Mr.. Waters here came into Court when the Judge
stated that the jury had not agreed and had in
formed the Court that there was no probability of
their doing so, and praved to be discharged. He
asked what course Mr. Waters wished to take
Mr. Waters said that in such cases, he always
yielded to what the Court in its discretion thought
would be the best course under the circumstances
The Court remarked that it thought Yesterday,
by allowing the jury refreshments, they would come
to a conclusion sooner than locking them up.
IOnrt thpn n mi 1uric catio fn
the jury to the effect that it would not no dis
charge them, not knowing the point upon which
they differed.
Shortly after this-at one o'cock-the iury came
into Court, and announced that they had agreed.
Miller placed at the bar, and the jury being
called rendered a verdict of mot guilty.
There was some demonstration of applause upon
the rendition of the verdict, which however
quickly checked by the bailiffs the Court ordering
any party to be arrested who attempted to act i'm
properly.
Miller, motion of his counsel was then dis
charge by the Court.
The following parties were then arrairned
William McFay, charged with stealing slouch
hat valued at Sl.50, the property of VIM. W. Ar
cher pleaded not guilty.
Charles Weaver alias Deever, charged with
stealing market basket valued at 1874 cents, the
property of Rose Ann Rudolph, pleaded not
guilty.
Ann Maria Cornish (negress), charged with
stealing muslin de laine dress and muslin shirt,
pleaded ''not guilty
Margaret Duncan, charged with stealing a lawn
dress belonging to Sophia Waterman, pleaded ''not
guilty"
Elizabeth Adams (negress) charged with stealing
fourteen yards Of calico belonging to James Tay-
lor. Pleaded not guilty.
James B. Allen indicted for the larceny, the
st of August last, of one buggy valued at $50 the
property of John Thome, pleaded not guilty and
said, Mr.. McAllister his counsel.
The motion for a trial in the Of John
Bltner convicted of receiving stolen goods the prop
erty of Moses Haynes, ruled and the trav-
erer sentenced to be confined in the Penitentiary for
the term of two years and eight months.
The case of Thomas Hoffman indicted for the
murder of Hugh D. O'Sullivan, was postponed un-
til Monday next.
The above larceny cases will be taken up to-day.
The Court at ~ o'clock adjourned until this
morning at 10 O'clock.
The jury in Miers case, went out ten for acquit-
tai and two for conviction; yesterday morning they
stood eleven for acquitta and after the Judge sent
word that he would not discharge them, the last
Juror came over to the strongest side.
CoUnT OF CoMMoN PLEAs.-Hon. William L. Mar
shall, Judge. The following occupied the Court
yesterday:
johnson u.s. Jamison & Brown. An appeal from
Justice Hayward. Before reported. Judgment re-
versed.
Thomas Gahagen Is. Joseph Lamb An appeal
from Justice Carl. Judgment reversed and Judg-
ment for appellee for S..
The Building Saving and Aid Association Us.
Francis Freis. An appeal from Justice Joily.-
Judgment reversed, and Judgment tor appellee Tor
| S5G and costs.
| SUpER1oR CoURr.-Hon. 4. Collins Lee, Judge
The following occupied yesterday:
Charles H. and Samuel Kinks Amasa E. Hall.
An action of freplevn. Before reported. Not con-
cluded.
Assignment for to day 2S2 to 81.