The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-10-08
WIN. WOODWARD, Chairman
La w INTELLIGENCE,

CRIMINAL CoURT.-Hon. Henry Stump, judge
Milton Whitney, Esq, States Attorney, prosecut
ing, assisted by L. Joseph Rogers, ESQ,
William 5. Waters and r. L. Garrettson Esqrs
for the defence - 1''
State ps. Robert Miller, indicted Jointly with
Thomas Hoffman, for the wilful murder of Hugh D.
OSulilvan on the night of the 23d of August last,
by shooting him with pistol, inflicting mortal
wound upon the back of the head of the width of
halt an inch and of the depth of four inches from
which wound the said Hugh d. O'Sullivan instant
ly died.
On the opening of the Court YESTERDAY Mr..
whitney commenced his opening statement to the
jury. de referred to the nature of the Indictment
which contained two counts: the first cbaroing
Ihomas hoffman with having fired the pistol which
caused the death of Sullivan and that Robert MIL
Ter was aiding and abettng; the second count
charging Robert Miller with firing the shot aided
and abetted by Thomas Hoffman 1t made no DIFF
terence, Mr.. Whitney said, who fired the pistol; if
the State proved that either of the parties indicted
hred the shot, and that the other was near aiding
or abetting, ready to aid and abet then the
State could ask for c verdict of guilty. Mr. Whit
ney then went on to explain the different grades of
muruer, What was necessary to constitute mur-
DER IN the hrst degree, and what it was necessary
Tor the State to show to constitute that grade of
crime.
While Mr. Whitney speaking, Mr. Merry
man Cole, one of the jurors, was taken very sick
and had to be taken from the Jury box
DR.. Waters and DR.. Thomas being present ad
minstered to his relief.
After Mr.. Cole recovered sufficiently to take his
seat, Mr.. Whitney said he would like to have the
OPINION OF the physicians as to whether the juror
In their opinion would be able to hold ont durinr
the continuance of the trial. 1t would be A very
serious thing to go on and hear part of the eyi-
dence, and If this accident occur again it would
render 1t necessary to discharge the jury and COM
mence the trial anew.
The Court agreed with Mr. Whitney, and re-
marked that if part of the testimony was addu-
ced and the juror not be able to sit during the con-
tnuance OF the trial, it Would be difficult to get an
other jury, as the public mind would be preiudced
one way or the other by the publication of the evil
dence. The Judge then said he would see Mr. Cole
himself, and ascertain if he could sit through the
trial.
After consultation with Mr. Cole, the Court re-
marked that it was at loss how to proceed; the
juror seemed now to think that he would be able to
go through with the case-the only difficulty was
that II the trial would go on, and part of the evil
dence elected, then the juror might be taken sick
again, and the jury have to be discharged in that
case the Court could not get another jury, as the
evidence would be published.
The Court then asked counsel if tbev would con-
sent to withdraw juror.
The States Attorney and Mr.. Waters said they
would consent to discharge this jury reswear the
other eleven and summon for the twelfth.
The Court proposed to discharge the jury and
postpone the case until Monday or some other day
Mr.. Waters said there were reasons why he
thought the trial should 90 on nowhere was a
near relative of the accused whowas suffering from
great nervous prostraton on account of the priso-
ner's situation, and speedy termination of the
trial was very much desired.
Mr.. Whitney said, the State would consent to re-
trial.
Mr.. Cole, the Juror said he was not liable to
spells of this kind and he thought it was only an
accidental occurrence-he thought he could stand
the trial OUT he disclaimed any desire his part
to delay the business of the Court. to put any
one concerned to the least inconvenience
+. Whitney ,Iudup lilo tO
hear the opinion of the physicians who had seen
the juror, to his ability to sit during the trial
DIR. Waters was then sworn, and stated to the
Court that Mr.. Cole was taken with fanting SPELL
caused by diarrhea, producing great debility; the
present spell he thought produced by sudden
pain and a desire to go to stoo the same might
occur again; he was of opinion from the nature of
the disorder and the advanced age of the Juror
that he would be unable to sit through the trial if
1t should occupy two DAYS.
DR. Thomas was then sworn. He stated that Mr..
Cole was laboring under diarrhea, produced by
over eating; which causing great debility brought
on tainting spell; whether the juror would be
able to sit during the trial, he could not say; he
thought Dr. Cole was the best Judge of that himself
The Court.-"They say. Doctors are not good
Judges of their own cases, but lawyers are"
Dr. Thomas proceeded and said that he thought
with proper care, and some medicine the Juror
would be able to sit through the trial.
The Court.-"We find that doctors will dis
agree"
The Court then read the law relating to Jurors,
which provides that if juror istaken sick, the jury
could be discharged, or another juror substituted
and the remaining eleven be re-sworn.
One of the jurors, by consent of the Court stated
to Mr. Waters that Mr.. Cole was much better and
felt able to proceed with the case.
The Court.-"Gentemen, | think, under the cir
cumstances, it is best not to proceed with the cases.
the juror might be taken sick again. after the test
mony was all brought out, and then the jury would
have to be discharged and the proceedings rendered
nuIlity. The Court thinks it will discharge the
jury and take it up on Monday. There is no telling
what might happen. One doctor says little medi
cine would cure the Juror and he could sit through
the trial. 1t is very aborious for healthy man to
go through the duty of juror, when they have to
be locked up, let alone sick man. The Court was
suffering badly from diarrh@a for few days, and
physician advised good dose of laudanum. This
made me more sick the next day than | was before
There is no telling what may be the result of the
jurors indispositiOn. The Court will discharge
you"
Mr.. Whitney.-"We now propose to reswear the
eleven jurors, and to summon for the twelfth"
Court.-''Mr. Waters, you waive the right of
challenger
Mr.. Waters-''No sir, l consented to reswear
the eleven jurors but hold that as have not cha-
lenged any in the panel, l would claim my
twenty challenges in selecting the remaining juror
The Court-E1 thought you had consented to
waive your right to challenge; if you challenge it
will take all day"
Mr.. Waters-''l do not waive my right to cbal-
lenge.
JOuFJ-'1nen ii dlScnarge the Jury until Mon
day morning at IL o'clock"
The Sheriff reminded the Court that the twenty
one days for which the jurors were summoned ex-
pired to-day (Friday.)
The Court then said they were discharged finally.
The witnesses in the case were discharged until
Monday morning at 10 o'clock, when new panel
Of jurors viii be present.
Walter Lightner, charged with selling fictitious
lottery tickets on one of the Delaware lotteries
admitted to bail in the sum of So 900, John D.
Hussing, bondsman-
The Court at II o'clock adjourned until this
morning at 10 o'clock.
UNITED STATES DISTRICT CoURT-Hon. William
Fell Giles Judge.
dence on the petition of William Peters, Samuel
Hindes and Thomas Trimble, asking for a remission
of the penalty in two cases. of $500 each, for vio-
latiOn of the act of Congress ''providing for the
better security of the lives of passengers board
of vessels propelled in whole or in part by steam,
and for other purposes
The facts set forth in the petition are That on
the 4th day of July, 1885, the steam-tugs Virginia
and Relief, owned by said Peters, were loaned to
certain parties who used them to convey number
of persons from the foot of Eutaw street (Spring
Gardens) to the Fish House the opposite shore
OF the Patapsco river, no hire or compensation for
passage being demanded; that on the 26th of the
month attachment was issued out of this
Court for violation of the act above mentioned.
and that Samuel Hindes and Thomas Trimble be-
stipulators in said cause; and that afterwards
on the lst of October, 1855, penalty of $500 in
each case was imposed by this Court against said
steamers The petitioners deny any wish to violate
the law in such cases, presuming that the law ap-
piled only to such boats as carried passengers for
business, &C., and pray the Court to examine the
facts and circumstances of said cases, and cause
copy of the to be transmitted to the Secretary
Of the Treasury, to the end that said penalties may
be remitted.
T. Yates Walsh and John 7. Morris, Esqs., for
petitioners.
SUPERIOR CoURT.-Hon. T. Collins Lee, Judge
The following occupied yesterday:
Rogers Administrator as. The Mayor and City
Council of Baltimore. Before reported. On trial. |
Assignment for day 237 to 257.
CoURT OF CoMMoN PLEAs.-Hon. William L. Mar
shall, Judge. The following occupied Yesterday:
John Thomas John Lantz an appeal from
Justice Myers. Judgment rendered and Judgment
for appellee for S55 and costs
CIRCUIT CoURT FOR BALTIMORE CtTY-Hon. VIM
George Krebs, Judge. The following occupied YES
terday:
John Tolly Johns Us. John Kensey Johns and
others, Executors. Bill to enforce the specific exc
cution of contract alleged to have been entered
into by John Johns in 1912. Reported Yesterday.
Further argued by Mr. Steele for complainant and
by W. j. Stewart for defendant
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FROM WAsHINGToN.-Correspo of the Nor
thern papers, state that Lord Lyon, the British
Plenpotentiary, had protrac ted interview with
Secretary Cass on Wednesday, in regard to the de-
parture of the Nicaragua expedition. He announ-
ced the determination of his Government to pro-
Nicarauua nv farca AGAINST invaaion Tho