The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-01-05
TRIAL OF CORRIE AND CROPS
AT TOWSONTOWN,
FOR THE MURDER OF POLICE OFFICER
RIGDON
SECOND DAY

- AT TOWSONTOWN,
FOR THE MURDER OF POLICE OFFICER
RIGDON.
SECOND DAY
TowsONTowN, Jan 4, 1859
r. CIRCUIT COURT FOR BALTIMORE CoUNTY.-Hon Johl
| ii. Price, Judge.
Richard j. Cuttings, ESQ.,, States Attorney prosecu
ting. assisted by Arthur W. Machen, Esq
William P. Whyte and VIM. P Preston, Esqrs counse
for the defence.
State rs Marion Crops and Peter Corrie indicted 70
the murder of Robert NJ Rigdon by shooting him will
apstol, on the night of the 5h of November last
On the opening of the Court, yesterday morning Judg
Irce rendered his opinion on the motion made by Mr.
Nhyte the previous day for separate trials
prisoners
He had given the motion separate trial in the cas-,
OF Marion Crops and Peter Corrie calm and delbera
reflection. He had fully and carefully examined the au
thorle referred 10 by counsel in the argument before
the Court There had been great said in the argu
eht by the counsel for the motion which entirely
irrelevant to the matter before the Court and which had
not the least bearing upon the mind of the Court Al
tha was said here about the haste and celebrity which had
marked the proceedings of the Criminal Court of Bat
more had no weight with this Court as it did not affect
this case as it now stands Counsel for motion have
entirely mistaken the Court they addressing if they
expected to make impression upon it by such means
If there indecent haste in that Court averred by
counsel it beyond the control of this Court vet this
Court does look upon proceedings in that light
: There had also been much said about the excitement
and the hunting unto death of these men; about pubi[
vengeance and private enmity but if all the citizens OF
Baltimore from the Judge upon the bench to the
creature upon the streets had been and crying
aloud for the blood of these men, it would have no bear
ing upon the opinion of the court this cannot suffer
its mind to be influenced by the popular cry persecu
ton Many of the authorities cited by counsel in the
gument have bearing upon the case but from many
the authorities it is evident to the mind of the Cour
at e granting or refusing separate trials as prayed fol
Is Velled entirely the sound discretion of the Court
The Court has knowledge of these parties nor does
care to have they have taken life and the law protects
e ne OF the most vicious and dissolute, well
the highest in the land there is but
| exalted and for the most depraved
There several authorities bearing on the cited
te counsel for the notion which the Court
carefully The Court does think the mere fact
man e oelng in jeopardy entities him a separate
tra nor that the evidence against which would i'm
pcae the other nor the crosseXaminaon of witnesses
would be sufficient ground upon which to grant the mo-
ton; but the Court thinks after examining the anthor
e That what has been asserted by counsel for the
h TO te eeet that the defence of each prisoner will
pcate the other and the Court relying implicitly upor
the of counsel that such will he the yait
considers this therefore, sufficient reason for granting
separate trial to each of the accused
After the Judge had concluded, Mr. Cuttings said
i Snerlh put Marion Crops at the bar, and call the
Crops was then placed in the prisoners box and the
| special panel. "
The first juror called was James A. standiford who
stepped forward, when Judge Price sad Swear him on
The Juror sworn accordingly
Mr Glttngs;-"Before putting any questions to the
jurors would like the Court lay down some rule by
which the exact state of the jurors mind in relation n
| this case, can be known -
Judge Price"Put the usual questions as to whether
ne has formed expressed opinion in regard to the
| guilt or innocence of the prisoner
Mr.. Gitings-'Ar. standiford, Marion Crops, the
prisoner at the BAR is charged with the murder of Robert
NJ Rigdon have you formed such an opinion as to his
quite innocence would prevent you from giving him
| a fair and impartial rial?'
Juror.-"Have formed an opinion from what heard
and from what read in in the newspapers
Witness to Mr.. Wnyte-I entertain that opinion now
put am willing to go in accordance with the evidence in
making up the verdict "
Mr. Cuttings thought that the juror was competent that
| ne mad merely formed his opinion from rumor
MT. Whyte objected to Mr. Standiford as a uror he.
cause from his he distinctly stated he had formed
an opinion we want juror who has not formed an
opinion whose mind is way biased we want nror.
whose minds when they here shall be as clear
plank sheet OF paper and the prisoner is entitled to have
| such men.
Mr. Cuttings, replied He said he would like the Court
to adopt now rule by which the jurors should be exam
med and the state of their minds might be ascerained
There were two rules in law by which that could be as
certaned-one that when the question was put to
e juror whether he had formed expressed an opn-
as 10 e gut or innocence OF the prisoner and the
reply was in the affirmative then the Court shoud know
wheher II was really an opinion or merely impression
on the jurors mind Another rule ertan the Jurors
mind not to ask him whether he had heard umors
read accounts of the occurrence but whether
he can give the prisoner fair and impartial trial accord
ing to the evidence Counsel the other side saws he
wants man with mind like blank sheet of paper where
will you go get such men? YOU must 90 tn the
first the insane asylum If there is any sucb mon here
on the pannel the Sheriff has to have him
here We want intelligent men as jurors And can you
get ntelgeut men who have not read the
We want not only impartial but intelligent Jurors Jus
tlce Hornblower has said that juror competent if he
though
should have the act committed And Justice Tanev
says man Is competent juror if he has formed an opn
be prepared trial upon the evidence IF these
jurors are to he challenged, it will take week for the
sher to procure Jury and he must into the swamps
anu tiche's ol tne county TO procure such men the
counsel on the other side desire Mr. Cuttings contendad
that the juror should be examined in such way that il
coud be scerained whether he could give the prsone,
a fair and impartial trial.
Mr.. Whyte said that this question of a more i'm
portant Character than might any time during
the progress of the trial He then c0ntended that
the question had been put to the juror wheher he had
formed expressed opinion as to the guilt or nno
cence OF the prisoner and the juror replied that he had
it was the usual custom in the Maryland to ask
Inc Juror 10 10 retire @ He argued that where juror says
no right to test this opinion and question in what
1t has been formed, whether by by newspaper
reports The mere forming of opinion renders tbe
juror incompetent Mr. Whyte this was the settled
practice OF the courts and asked why it that new
system was attempted to be engrafed upon
justice Ianey says forming or expressing opinion
ders juror incompetent.
book must be wrong'
Mr.. Whyte "Perhaps your honor has not the same
case as refer to; am reading from reported in
newspaper
Judge Price, 1t is not the case here.n
Mr. Mhyte to Mr. Gittings-"lend me your book"
Mr.. Whyte then quoted from Justice Taneys opinon
Mr.. Gittings-''Read the whole of itr
MI Whyte-one thing at time, sufficient for the day
is the evil thereof
Mr.. Whyte then argued that the forming or exnressin
an opinion according to Justice Taney rendered the Juror
incompetent. While speaking, Mr. Cuttings said he did
Wlyte
Mr.. Whyte-"Why, you ought to get pair of pebble
| spectacles.' f
Mr. Whyte the Court that as he had said
before the jurors mind must be like blank sheet of pa
per- he must to the jury box with nothing unon his
mind to embarrass him in rendering just verdict to-
wards the prisoner AS to the the States off
about the Sheriff riding the county to get ror
what was that in comparison to the important issues here
| involved
Judge Price said if the juror has formed an opinion
made up his mind as to the guilt of the prs
soner ne Is incompetent If he says he has mpres
To thapit h.
how those impressions made a juror NAV think he
has formed an opinion when the Court would tbi =; a
reny The Court will adopt the rule of Justice Tanev
that if the juror has formed an opnion he
is incompetent but if he has an impression his mind
made by rumors or newspaper reports then he can BE-
questioned to the true state of when sworn on hi
roir dire. ~ "
Mr. Cuttings to Mr. Standford -eHave YOU made II,
your mind in reference to the guilt innocence of Maroi
Crops the prisoner at the bar charged with the mur
der OF Robert NJ Rigdon the 9th of November last?
Mr. Standiford-''l have formed an opinion from read
ing the newspaper accounts"
Judge Price.-"He Heis incompetent. Step down.
The Clerk then proceeded to call the jurors regularly
when the question severay prOpounded to then
by Mr.. Gittings:
Richard Nelson had formed an opinion. ! Fdwir
Kemp do; Lysander Mccullough do: Jesse Upperco(
do; James Bush do William Cane do. William Thoma,
do; Mortimer s. Watkins do Benjamin Gorsnch do
William Parks do; Nicholas NJ Badders do; Thomas D
Hook do; Caleb Hopes do; Alfred J Gent do; Ben
"a jamIn MIN A; Brainard do John S. Jones do; Emanue
Z. Wade do; John c. Armstrong do Thos c. Catch do
ElEngsworth c. Carman, the twenty-frst Juror wa
called and after being his dire Mr. Citing
!
Have you made up your mind in reference to tn,
barr" " "
| Mr.. Carman.-"I have not-nothng further than wba
| | read in the newspapers
Mr. Gittings-"Are you opposed to capital punish
ment?''
Mr.. Carman.-'No, sir''
Mr. Gittings.-"GoOd for you"
| Mr. Whyte.-'Have you formed or expressed ar
opinion to the guilt innocence the prisonerYD
Mr. Carman.-"l have expressed opinion as to wha
| read in the newspapers"
Mr. Whyte.'I object him. he saws he has exnresse
| an opinion
! Judge Price-"Mr. Carman, have you made up your
mind as to the guilt or innocence of the prisoner?'
| Mr.. Carman-"No, sir.n
\ Judge Price-''He is competentn
Mr. Whyte then arose, and approaching Cropps held
conversation with him for few moments; when he re-
| turned to his seat he said, ''chaenged''
Jacob l.. Caples the twenty second juror called had
formed an opinion; William Bacon do; Jehu Peregoy
the twenty fourth juror reply Mr. Citing answered
81 have said that if, what .heara was true he wa,
| guilty. ~ ~
Mr.. Whyte-"IIave you made up your mind about hi.
| guilt or nnocence?n
| Mr.. Peregoy.-"I have partially done So"
Mr. Gittngs--"That is what the law by an i'm
| preston"
| Mr. Peregoy Mr. whyte-sI have expressed NV
| opinion about what heard"
Judge Prce-"Have you made up your mind about
| the guilt or innocence of the prisoner?r
Mr.. Peregoy.-'I thinkI have'
| Mr.. Gittings.-'Stand aside"
Luther Timanus, the twenty fifth and last Juror on the
regular panel in reply to Mr. Gittiugs he had ex
pressed opinion when the affair first occurred and en-
tertaned the opinion now. He was directed to
stand aside.
This being the last juror the regular apel Mr. Git
tngs announced to the Court the panel was
| ed, and they better adjourn for a week
Gut OF the twenty-five jurors the regular panel