The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-12-08

mu have been election held there could have
been judges of election to attest the fact of Mr. Cal
theirs election. What remained for his Honor to do p
Nr. Turner not candidate for reelection. Your
Honor has right take into consideration whether
there fraud the polls not but you bound to
presume that everything done that day in accord
ancc with the law and not in accordance with the spirit
Of fraud and violence. The returns made to the
Governor and the Governor has returned his commission
to Mr. Gather whether it be right and is there
power in this Court revise the right of such
mission? Beyond all doubt, certainly not. The 18th
section of the Constitution is plain in regard to
this. They say that this is contested election,
thereby admitting that an election was held; and
it is required that the party elected to this Of |
flee shall give bond of the penalty of $50 900 for the
faithful performance of the duties of the office and that
bond has been given and approved by this Court Your
Honor by approving the bond of Mr. Gather, said-Mr
Gather, your commission has been recevedl am bound
to respect it, and must presume that the Governor has
done right in issuing this commission to you approve
that and take your oifce as CLERK o tns court me
moment approved that bond Mr. Turner ceased
to be the Clerk of this Court and Mr. Gather is entitled
to ms Office and its emolumens The petition says tha
this is contested eectonadnit that it be right. Can
your Honor take into consideration that this is acontesed
eecton Are you the proper person to whom the qnali
My learned friends don't say The Governor, they ad
nit, in one breath, right and yet at the time
they say that the Governor wrong. That gentle
ought have the contest the House of Dele
gates but they not then in session. and This Court
has right TO presume that the House of
Delegates will take notice of the contested elec-
tion when it meets On all this matter, this Court
has power pass at ALL That duty has been conded
to the House of Delegates, when they shall have been
notified by the Governor that there is contested election
The counsel opposite say the old Clerk has right to hold
this office until the Clerk has beed appointed.
The mere WILL the caprice, the mere humor of an
individual whose term of Office has expired of his
option consider the election invalid and he may
hold his office, and say through this caprice to his
successor, to the Court and to the JudgeS-You have
had election, but don't choose give this office,
because, in judgment don't think there has been
fair electioni" So, in substance, says Mr.. Turner
What does he say II will throw aside your Constitution
and laws of the land the statutes upon your books and
Acts of Assembly, simply because, in my Judgment,
conceive that this party has no right to the oiceY Has
your Honor right upon the acts Of the Cover
nor2 I say no. The very moment you accepted his
bond and approved It, he became the legal successor OF
Mr.. Turner have listened with surprise to my
learned friend who has assumed that there unu
sua degree of violence and an unusual number OF the in
struments of death and destruction surrounding Mr..
Gather when he forcibe possession Of this Office He
assumes this to fact but the answer Mr. Gather,
drawn up with and deliberation Indignantly denies
and rejects all such charges i'll thought he could have
been headed and seconded by such hardened ruans
described by the petitioner il thought they dare
into this temple ofustice with his connvance in the
motet degree, in such unholy manner, |, for
should rather oathe him than appear his defender
Bearing in mind the examples of csrity probty and
honor, which adorned, and which adorn the long
rolls of our professional past, and the oath which took
on the HOLY hVanSey on my entrance to hG professions
stand on this floor, lawyer and man, and say never
shall counenance the violence, defend the fraud of any
Individual in any court fjusce. Acting under the i'm
pulses of the moment, and Of judgment, he
he did the Office hut dsclams all intentions of vio
lence and fraud Whether or not you can undo what you
have already done whether you declare who is the
party entitled to this office between Mr. Turner and Mr.
Gather, you have no right to decide upon the cleo
ton contested or not for Clerk of this Court.
DEATH JAMES II. HEyAS, ESQ.
Mr. Barry rose, and addressing the Court said:
As had occasion to state this morning in another ri-
hunal hut few short hours have already seemed to make
their impress the records of time, since
sembed pay the last sad tribute OF respect the
Ory of departed brother In rising now. sir,
that shall send grief to many heart and dim many
with the teardrop of sorrow, when make the
nouncemen-the painful announcement-that another of
professional brethren has been summoned to the bet
ter and brighter world James Fl. Bevan for long time
past has been confined to his and his bed until in
the early hour of this morning the sprit of that quiet
worthy, amiabe, and unprctending gentleman has been
summoned to the God who aon has the right To demand
It, He was land it strange your Fonor the
law partner formerly of the late Judge Lee Together
it were they have the of life, and simultaneous
ly they have reached the goal Of death
The sick bed of the dying mans chamber presents
edying For months past, in the busy hours of
the day and in the solemn stiffness of the night relatives
and friends kent their holy vigils and the ministers OF
that holy religion (which he illustrated by life purity
and fath) stood by and muisered their constitutions
Sir he was not pe f the ad yancad guard of or nrofas
sion, who threw themselves into the contest of the forum,
who by the SplcndOr and brillancy of their genius
cited the envy of their professional brethren gained
the admiration Of the community but he rather
of the solid yeOmanry of the profession who walked along
the broad of duty right honestly Loving and
! fearing God. Sir, when such leave midst,
must deplore their loss Let us initiate his cNamplean
amiable gentleman and faithful citizen-pcrormng all
its obligations and functions Let endaavor
| his example and may be able, when moment of
dissolution arrives say"Iet die the death Of the
righteous and let my final end be like his move, in
respect to his memory that your Honor adjourn the
| Court
Judge Krebs:
The Court hears with regret the announcement of an
other deth and will cheeruy acquiesce in the sugges
ton that the Court adjourn. must say that the Court
personally, entertained high respect for the gentleman
who is discovered him to be a gentleman Of
sound legal mind, and well informed subjects
ed with his profession; and he always manifested those
principles Of integrity and conscentouSness in
gard to duty which ought to characterize every member
of the profession In expressing these views, order that
the Court adjourn until tomorrow morning 10 O'Clock,
and that this proceeding he entered on the minutes of te
| Court.
CRIMINAL Couar.-Iion. Henry Stump, Judge
Milton Whitney, Esq, States Attorney, prosecut-
| ing.
The following occupied yesterday:
jury de tunatico ingHircndo empanelIed
and Ellen Donovan found to be lunatic and pau
per. The Court ordered her to be confined in Mt.
| Hope Hospital.
The case of Major Peterson (ncgro), indicted for
murder, was called by Mr.. Whitney.
Mr.. L. +. Mclean stated that h. was counsel in
the case; and expected senior counsel would be EN-
ployed, but it had not been done by the friends of
| the accused; he asked postponement OF the case
| for a week or two, as he not ready.
Judge Stump.-Well, I'll continue it until the
next term.
Mr.. Gleason arose. and stated that he was couu-
sci in the case.
Judge Stnmp Ito Mr. Mclean, lis he the sen
iOr counsel, you referred to?
Mr.. Mel. can indignantly No, sir.
Mr.. GleasOn.-I have an unpleasant duty to
perform, sir, concur in the continuance, but
Judge Sump.-Nh! WELL its continued now.
Mr.. Gleason.-My client has instructed me to
say, that Mr.. Mclean is not counsel in the case,
and that he does not recognize him such.
Mr.. McLean.--l an counsel in the case, was en-
ploved by the wife of the accused. and shall CON
tinue to act as such, until those who employed me
direct otherwise.
Judge Stump.-Oh! well, tell YOU it's cOntin-
ucd. Settle it by next term.
Mr. Whitney then called the eases of George
Burke and Thomas Eaton, indicted for the murder
of VIM. W. TAYLOR.
~ l.. Il I, :. IL,
Mr.. Whitney replied that MessrS. Ycllott and
Kraft engaged in it.
Mr.. Eellott.-I thnkl, may it please you Honor
that we will be ready totakc that case up, perhaps
, next Monday.
Judge Stump. p.--Thinl-pcrhaps- bc-that,
very uncertain Well. continue that too. The
Clerk says he can't make up his record for next
term, if the Court sits much longer Then, thcrci
l about the contested elt CtOn.
r Mr.. Ieott did not object to the continuance
Judge Stump.-Wha''s the next case?
Mr.. Whitney replied, the case Of Bowen and
Timer, indicted for murder.
4 Judge Stump.-Who is their counsel?
Mr.. Whitney.-Mr. McAlister, believe.
Judge Stump Well osre's Mr.. McAllister.
Mr.. McAllisier said he was not ready now, bu
would, perhaps, be ready next Monday.
n Judge Stump.-Perhaps- b., Continue tina
till next term.
Mr.. McAllister.--I bow with submission.
Judge Stump the next one?
Mr. Whitney said it the case Of Alex. Gale
n NEGRO indicted for murder; he had not been ar
raigned vet and Mr.. Whitney asked the Court
+ he should be brought out and arraigned to da
yesterday.
: Judge Stump.-No, bring him out to morrow
= ANY more of 'em?
q Mr. Whitney said there was an indictment fo
: murder against James Snyder, who is Charge
, with killing French sailor, named Cabaret Som
of the parties he stated had been tried and acq
" ted He thought neither side was ready, th
, witnesses were all French sailors, and had gont
u away. He thought the would have to be con
n tinucd until next term, to if the Witnesse
would return.
1 Judge stump Continue that too.
: Mr. Whitnev.-ThOse are all, except the cases o
Thomas Cdnncry and VIM. Coulson convicted, AM
e in Jail. When will your Honor bring them out 70
sentence?
Judge Stump.-Tomorrow.
J., Mr. Whitney.-Bring them both out?
=. Judge Stump.-les, bring 'em both out and II
sentence 'em.
t. Mr. Whitney inquired if the Court would tax
:, up any more murder this term.
L Judge Stump.-No, sir; I'll take up no NOR
i this term | am going to adjourn this week; | an
d not very well.
t Mr.. Whitney.-The second Monday in January
It the beginning of the next term comes ca, lier il
the year than usual.
n Judge Stump.-Yes, | know. The Clerk want
= time to make up his docket.
= Mr.. Whitney said, there a large number o
j. larceny cases, bawdy houses, assaults and quo
e cases on the docket, and inquired If the C0ur
If would take them up tomorrow and dispose of a
many possible.
n Judge Stump.-WelI, yes. I told the Sheriff t.
a. Ill Ill Ill.