The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-12-09
IA w INTELLHENCE
CRIMINAL CoURT.-lIon. Henry Stump, Judge
Milton Whitney, Esq, States Attorney, prosecut
ing

CRIMINAL CoURr.-Hon Henry Stump, Judge
Milton Whitney, Esq, States Attorney, prosecut-
ing.
The following occupied Yesterday:
After the opening of the Court, Thomas Connery,
committed Of manSlaughter was placed at the bar,
when the Court addressed him as follows:
Thomas COnnery, you have been tried and con-
Victed by jury of your countrymen, of man
slaughter, for killing your brother, John Connery
Yours is very unfortunate case, and your Stua-
tion brought about by the practice of using to
an immOderate extent, Intoxicating drink. The
| Court hardly knows what to say to yOu-in the ex-
perence of the Court, in nine cases out of ten the
| preparation of crime is the result of drinking
ardent spirits. The Court hopes this event will be
a warning to you, to others, and to itself If man
would be temperate and have his reason about him
at all times, there would very seldom be any crimes
| perperated. 1t is the immOderate OF liquor
| which tends To the commission of the majority of
| crimes. The Court mentions this Il caution to
you, to ALL and takes part Of it to itself. The
| law, however, does not excuse man for commit
| tng an act when in state OF drunkenness; if it
did, all that would have to do when ne
| wanted to commit murder would be for him to get
| drunk, and when put upon his trial to say that he
| did not know what he about. This was most
unfortunate circumstance, the killing of your own
brother, when in a state of ntOxicaion; the Court
being acquainted with some members of your fam
lily, regrets it as much as any else but the law
must take its coursethe Court therefore, will
tence you to be confined in the Peniicnary for the
| term of five years aud five months.
Mr. Gellott then stated that yesterday the
| Court had ordered VIM Coulson to be brought out
to receive sentence; he would inform the Court
| that two motions had been filed in the case, one
for arrest of judgment, and another for a trial
He hoped the Court would fix time to hear the
arguments
| Court.-Well, I'll hear them now
Mr.. leliott.-We would prefer to argue them
tomorrow or Saturday.
| COurt.-Why not to-day?
Mr. Yellott.-We supposed the Court would be
engaged in jury trials day, and have not yet
| prepared our aidavits
| Court.-Well, I'll hear 'em tomorrow.
John Lainhart and James Dugan, severally in
dicted for setting fire to the Union cngine-house,
| on the 10th Of November last, were arraigned and
! pleaded not guilty. Sweeny was appointed by the
| Court to defend them.
| State u.s. Isaiah alias Bud Eggleston. Three in
dlctments-one for rioting and assaulting Sergeant
| Hand; another for assaulting police officer Andrew
Z. Barton, and third for resisting officer John A.
| Love.
A jury was sworn to try all the indictments.
| Sergeant Hand testified that the night of the
18th of September last, about twelve O'clock he was
called by man named Charles Marshall to go to
! place on Mllliman street (where shin-dig was 60
ing on), and take Eggleston from the premises that
he entered the room and putting his hand upon the
arm OF EggestOn, told him that he must go out;
| that he Immediately struck by Eggleston,
Knocked senseless to the floor and then badly beaten
by others in the room that his head cut badly,
and that by the fall he received such injuries to his
right knee that he confined to his house for four
weeks
Officer Durkee testified that he was standing
outside when Hand entered the place; that he
heard the disturbance got into the window and saw
Eggleston on top Of Hand, several others standing
over them; that he arrested a man named John
Sprowl, when Sprowl commenced choking him
that he knocked Sprowl down with his revolver;
he saw Eggeston jump ont of the window and fol-
lowed him; he caught EggleatOn, who turned upon
him and commenced choking him; that he drew
his revolver cooked it, was going to shoot when
Grab Ashby threw his arm up he succeeding in
arresting Sprow, and took him to the station
house.
Officer Love testified that he saw Eggleston
knock a man down at tn corner Of Baltimore and
High Streets and arrested him. that EggestOn laid
down, and commenced kicking, and would not 90
with him
Officer Barton, upon being sworn, said he did not
know Eggestor; that he never assaulted him, and
thought it was mistake.
No defence. Mr.. Whitney asked a verdict of
guilty on the two first indictments and not guilty
on the third.
The jury, after consulting some time, requested
hailiff and retired 20 their room.
At 10 O'clock the jury sent note to the Judge,
stating that they had not agreed, and that there
was no probability of their agreeing, and asked to
! be discharged.
The counsel would not consent
At halfpast o'clock the jury came in and
said they had not agreed. They were directed to
| 90 to a hotel and bring in their verdict in the
morning.
Alexander Gale. NEGRO, } indicted for the muir
der, the 2Gth OF November last, of James Evans,
! (negro,) by stabbing him in the belly with knife,
was arragned and pleaded not guilty. He said
! that he wanted 4. Joseph Rogers to act as his
| counsel.
Mr.. Whitncy.-I suppose the case will be con
| tiBucd until next term, sir?
| CoUrt.-Oh, Ves-continue it.
James Odrld, indicted for the larceny of goods
! belonging to the Baltimore and Philadelphia Rail
road, was put at the bar.
Mr. McAstcr said he counsel, hut could not
| go on.
Court-Why not 90 on?
Mr.. McAllister commenced TO explain to the
Court that Capt llopKins, who traded between
Baltimore and Chester river, important wit
ness. Hopkins would prove that the accused had
bought the goods from him. aud that they did not
belong to the Railroad company
COurt-Who will prove that?
Mr. McAIister-Mr Hopkins.
Court-Old Mr.. Johns Hopkins?
Mr. McAllister-No, sir; he is captain of a vessel.
The case was continued until the next term.
State u.s.. Harriet Hogans, (negress,) indicted for
stealing several articles of wearing apparel belong
| ing to Jane Smalwood, (negress.) Tried before
the Court. Declared guilty. Sentenced to be sold
at public sale a slave for two years.
The case of Sonny White, indicted for an assault
with intent to kill. was Stetfed White was killed
on the last election day at the l4th ward polls.
The recognizances of the following parties, in
dicted for assaults, larcences and selling liquor on
Sunday, and without license, were forfeited:
Daniel Ulrich, Benz Stubbns, William L. Stone,
Patrick Orally, Daniel Laughlin, William Cam,
Richard Seward, David Houck Francis Menzies,
John Windsor, George Kirby, George Hannah,
James Jackson, Charles Wagner Peter Maginnis,
| Michael Coleman Martin Blake, John Anderson,
George Beck, Nicholas Kelly Thos Toner, Conrad
Bias, John Stanley and Bernard SpandOwer.
In the case OF Thomas g. Chapman, charged with
an assault with intent to kill Charles Hancock, a
conductor on the Passenger Railway; and also, !or
an assault with intent to murder Robert McElwee,
| bail was fixed at $500 in each case.
The Court at halfpast one O'Clock, adjourned
until this morning at ten O'clock.
In he of he
motion was filed:
In the Criminal Court of Baltimore cty--In-
dictment for murder, lS59.-State Us. William
| CoulsOn:
The prisoner William Coulson, by his counsel,
| moves that Judgment be arrested in the case, and
assigns the following reasons in support of his said
motion:
lst That he was indicted Jointly with one George
Coulson, but after pleading not guilty to said in
dictmont, he, the laid William Couispn, moved the
Court to grant him separate trial, which motion
was granted on the 7th November, 1859, as will
appear by the order for such severance duly re-
| corded by the clerk such day. that from the
time of the passage of such order, he the said VIM.
Coulson, had the legal right to demand separate
trial, which right he waived, but did demand
such separate trial, which was refused him, and
he was, in fact, tried jointly with said George
| COulson.
I'd. That the verdict rendered against him, the
said William COulsOn, in this was Illegal and
| void, and no Judgment should be rendered upon
the same, because the jury who were cmpannelled
| and sworn to try him, the said William Coulson,
| were at the same time, after separate trial
! had been granted to him, to try certain
| George Couson, whereby he, William Coulson,
was materially embarrassed and prejudiced in the
exercise OF his legal rights in regard to the selec
tion OF said Jury and in making his defence before
| them.
| CoLEMsN GELLoTT,
K. A. MCALLTsTER,
Attorneys for William Couson.
Court OF COMMON PLEAs.-Hon. William l.. Mar
SHALL Judge.
The following occupied Yesterday:
Erastus Randall and Abraham Morre u.s. John
7. Fardy an Matthew J. Fardy. An action on
open acc unit. Verdict for defendant.
UNITED STATES DIsTRICr CoURT-IIon. William
Fell Giles, Judge.
The following occupied Yesterday:
White & McCurley Us. The Potomac Iron and
Coal Company. Motion for injunction to res
train the defendants from selling any of the prop
erty of the Company. Before reported Judge
Giles delivered the opinion of the Court. overrul-
ing the motion. J. Mason Campbell and Bernard
Carter for complainants; Charles Marshall for de-
fendant. o..
| SUPERIOR CouRT.-Hon. r. n. Martin, Judge.
The following occupied yesterday:
. Elisha Warford and Others as. Richard Colvin
Warford. An action of eiectment, under the will
of the Late Rachel COlvin. Before reported. Not
concluded.
Several Magistrates and Constables, returned as
elected and commissioned by the Governor, took
the oath Of office and bonded before the Court.
Assignment for to-day 34l to 363
CmCUIr CoURT FOR BALTIMORE CrTY.-Hon. Wm.
George krebs, Judge. --.
n ERg