The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-09-14

knowing the contents of the paper The duty of the
Court in passing sentence is only look at the al
legations contained in the indictment, and if
they are carried out by the evidence the
Court should sentence ACKNOWLEDGEMENTS Court
has not to look at the precedents of
the offender, it must look to the crime
and the indictment. The Judge then said that he
was preparing statement, which he intended to
publish, which would contain an account of the
number of persons pardoned during his term of Of
hce, and the names of the persons who had signed
the petitions. The public will then see who the
men are that sign for pardons and who afterwards
cry out for reform, and when these names shall ap-
pear the community will be astonished. This Court
will do its duty with firmness, and in its
discretion will be indulgent, notwithstand-
ing the cries of fault-fnderS, who know moth
ing of the merits of cases upon which the
Court is called upon to decide The Court, if it
cannot get newspaper to publish its statement
Will publish pamphlet containing it. 1t is not
only husbands and wives, fathers and mothers, sis
| ters and brothers, who intercede for pardons to
criminals, but Ministers of the Gospel interfere and
go before the Governor and beg for mercy and par
don of the convict The Court thought the present
Governor had proven most fit to occupy his present
position, and in its opinion had shown much more
frmness than any of his predecessors. Ifthe Court
sentenced a person to the penitentiary for three
years, straightway these signers of petitions would
go to work and have the convict released in less
than four months and many of these are now cal
hing for reform in the administration of the affairs
of this court.
ne tnen referred 10 the Reform resolutions which
touched upon the right of every one to exercise
the elective franchise unmoested, and said he high
ly approved Of them, and hoped the Mayor would
so operate with the citizens, that all would be al
| lowed to cast their votes according to their own
convictions
He then said this Court does not intend that
these animadversions shall in any way swerve it
from what it considers its duty. One thing he
could say was, that he did not intend to resign In
conclusion he said, "Gentlemen, you go now and
try and do your duty, and will do mine,"
| The jury then retired to their room.
The names of the Petit Jurors were then called
| all OF whom were present
| The witnesses in the case of Edward Murphy, in
dicted for the murder of Edward Patterson were
| called, many of whom on both sides did not answer
| Mr.. Whitney stated this fact to the Court and
SAID the State could have its absent witnesses in by
morning and proposed to proceed with the trial
Mr Pitts said the witnesses for the defence were
all absent except three the prisoner was not ready
now to go to trial; his counsel had wish to defer
the trial; it almost the first in his knowl-
edge where murder trial fixed on the second day
of term; itwas usual to week in civil
business. Again. it appears that the case was set
| for to-day, during the recess of the Court by the
State, and it was also the first case, he believed
when trial had been set without the order of the
Court He could not see why, of all the cases stand
| ing over from the last term, this one should be
singled out and pressed to trial. The counsel would
use all due diligence in getting the witnesses for
the defence and bringing the to trial, but they
must have necessary time for doing so.
The Court remarked that it desired to have the
civil docket disposed of this week, if Mr.. Stirling
would go on.
The Court then ordered the witnesses for the de-
fence to be called, when three only answered. four
teen being returned non est The Court then sug-
gested that the subpGnas be renewed, and asked
the counsel for the defence what day they would be
able to take the up.
Mr.. COwan, of the counsel said that he had
| only this morning been brought into the case and
in conversation with his Client he learned that he
| r,,Nf
the term. number of the prisoners witnesses
were young men, mechanics, many of whom were
now at work, away from the city, and it would re-
quire some time to procure their attendance. The
Sheriff has been diligent in procuring all in his
baiiwick, but it will require two weeks to find
the others.
Mr.. Whitney said he had no particular desire to
press this particular to trial In conversation
with Mr.. Hambeton, one of the counsel he ey-
pressed desire to have the case tried the first
week OF the term, and with that understanding the
witnesses had been summoned He was willing to
take up any other and dispose of it, as soon as
counsel were ready.
The Court said it would fix Monday week tho
26th inst, for the trial of the case and would take
1t up them unless counsel could show legal cause
WHY it should not then be tried.
The counsel for the defence remarked that thew
had no desire to delay the trial of the case and as
sented to the suggestion of the Court.
The Court then ordered the subpunas for the
State and defence to be renewed.
" imam COulsOn ana GEORGE COuSOn Jointly in
dcted for the murder of Jonathan B. Chronister
on the 10Th of June last, by shooting him with
pistol, iuficting mortal wound on the left side of
the belly, were then placed at the bar.
The Indictment was read by the Clerk, and to the
question-What say you, are YOU guilty or NOT
guilty? They replied not guilty.
They also answered that they were not ready for
trial, and had no counsel.
Mr.. hltney said he would be ready to try thasa
cases on two days notice
The Court after looking at the Indictment said
1t was case Of some Importance, and asked the
prisoners whom they would prefer to act as counsel
for them.
George Couison, after speaking in a low tone to
one of the Deputy Wardens, replied that they would
prefer Coleman Yellott to defend them
The Judge sent one of the baiffs to request Mr.
elliott to come into court, as both the prisoners
desired him to act as their counsel
The bailifreturned and said MIR. Yellott was at
Towsontown.
The Court informed the prisoners this fact, and
SAID that If Mr. elliott did not come in in the morn
ing it would appoint them counsel, and ordered
them to be brought into Court again in the morn
ing.
At the request of the States Attorney great
many persons confined in Jail, whose cases had been
postponed from the last term, were ordered to be
brought out this morning, when their will be
fixed for trial.
Mr.. Whitney desired the Court to fix a dav for
the trial OF Thomas COnnery, indicted for the mur-
der OF his brother John. On sending bailiff for
Mr.. Rogers, one of the counsel for the Defence it
was found that that gentleman absent at Tow
sontown.
The Court said it would fix day for the trial
tomorrow morning.
Mr.. Whitney then called the attention of the
Court to the cases of John Lemon and John Style
foos He said counsel would take up the case of
the latter on next Tuesday. Lemon had forfeited
his bail already.
The Court asked whether the time allowed his
oondsman TO bring him into Court had expired.
Mr.. Whitney replied that the time was out
TfnIf fO ll,,,,r H.
Tuesday, and said if Lemon was not brought in
then, an attachment should issue against his
bond.
The appeal docket for city cases will be taken up
this morning.
The Court adjourned until this morning at 10
o'clock.
SUPERIOR CoURr.-Hon. T. Collins Lee, .Judoe
The Court was engaged yesterday in calling the
trial docket.
CoURT OF COMMON PLEAs-Hon. William L. Mar
shall, Judge The original and trial dockets
were called yesterday. The appeal docket will be
taken up this morning.
CIRCUIT COURT FOR BALTIMORE CrTY.-Nothinp of
interest transacted yesterday. The Judge was en-
gagged in signing orders
UNITED STATES DISTRICT CoURT-Hon William
Fell Giles, Judge. The following occupied yester
dav:
Thomas Perry, assignee of Reuben Harley, a
bankrupt, Us. George Smith. executor of John
Hoye and George A. Pearre, trustee. Petition for
order referring the papers to an Auditor to state
an account VIM. +. Frick for petitioner, Thos
j. McKaig for defendant.
TowsoNTOwN, Sept. l3, 1859.
CIRCUIT COURT FOR BALTIMORE CoUNTY-Before