The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-12-06


The Court asked what other cases were ready.
Mr.. Whitney said there were seven murder in
dlctments yet to be tried, and the State was read
= in either of them
The case of Major Peterson was called and Mr.
, McLane, his counsel, not being present, was sen
] for.
In the meantime, Geo NJ Gill; ESQ, advances
! and, addressing the Court, said that himself to
geether with Mr. Steele. counsel for John II
Thomas, Esq, appeared before the Court in answe
to notice served upon Mr.. Thomas in the matte
OF the contested seat for the States Attorney
Ihey mad not come to press the matter at this time
nor TO interfere with the criminal business of the
Court, which, they understood was now YER,
, neaVE; they had come to hear what order thu
Court would pass in regard to the petition previ
: ouSly .t iIed by Mr. Thomas in this Court.
swer to the petition.
MIR. Gill said Mr. Whitney had filed a petition
but no answer to the petition of Mr. Thomas.
Mr. Whitney replied that he had filed no answer
ne nad nled petition asking the Court to disposi
OF the matter. No order had been passed unon him
to answer the petition of J. Ii. Thomas. He had
Med petition setting forth that he had received
MS COMMISSION and was ready to qualify and
wanted the Court to act in the matter as bv the ac
of 1854, his not qualifying or not being ready tc
qualify would be tantamOunt to non-acceptance OF
the Office
Mr.. Steele said that the election of the offica NJ
States Attorney was placed upon strange grounds
ny the Constitution. 1t provides that the returns
OF the election shall be made to the judge in the
county or city having criminal jurisdiction where
the election is held, who shall decide unnn tho To-
galty or illegaty of an election Now. if the Gov
ernor had issued a commission to a party whose
election was contested, before said judge had de-
clded upon the contest, the Governor would have
acted prematurely in issuing the commission until
he had known whether the Court had decided or NOT
decided upon the legality of the election
Mr: Steele said he had no desire to interfere with
the rights OF Mr.. Whitney as the case now stands.
Mr.. Whitney, he said could take the oath of ofIica
before the Clerk of another Court or before a Mao.
iStrae, or could file in writing paper setting forth
that he was ready to qualify; that course would
meet the requirements of the Act of Assemble. il
would not in any way affect the matter of the con.
tested election, and Mr. Whitney could hold the of
nee until the decision Of the Court was made upon
| the issue. NP'A
, MIR: Gill said, that the returns must be made to
inns Court and it must decide upon the legality of
the election; they had filed petition and called on
| Mr. whitney to answer the petition; when that
| was answered, then order should be passed and
te tne Court was to decide who was elected or not;
the commission issued by the Governor can have
no legal effect, the contest having been commen-
| ced.
Mr. Whitney said the act of qualifying before the
court could not affect the question of contestation
Inc Sheriff and Clerk of the Circuit Court had
| both qualified in the same wayne was then ready
to qualify.
The Court asked that the returns be read-it had
not seen them
Mr.. Whitney read the returns as certified to the
Hon. Henry Stump, by the Clerk of the Superior
! Court
Mr.. Steele repeated that the offer to qualify
! would not affect the position of Mr.. Whitney; bnt
ii he took the oath before this Court it was tanta
| mount to a decision that he was legally elected
MIR. Whitney said he looked upon it as a prima
Jdcte case the election had been held, the returns
! made to the Court, the commission issued to him
! and he was there to quality.
The Court asked if Mr.. Thomas claimed to be
! elected.
| Mr.. Whitney said, not at all; he only AYERS that
! there was an illegal election
| Mr.. Gill read the petition of Mr. Thomas
| The Court remarked that Mr.. Thomas did not
| claim the Office for himself
Mr.; GIL said, not in express terms, but contests
the election, and makes certain allegations and
prays that an opportunity may be afforded him to
prove said allegations, by taking testimony, &c.
Ihe Court asked what position Mr.. Thomas
would be placed in, if it decided that there was no
election. Suppose the Court decided that Mr.
| Whitney was not elected, be would hold over
until his successor was elected. Mr.. Thomas does
not claim the office, and therefore, Mr.. Whitney
would still be the States Attornev until onotLaTr
election was held.
Mr.. Steele said the Constitution called upon this
Court to decide whether the election was illegal or
not; who was elected was another question and
would come up at another tme; if there was a va
cancy the Constitution provided that the Court had
a right to I'LL that vacancy, and the party could
hold over until an election was held: the Iagisla-
ture can decide when such election shall be held: it
Is essential that answer should be filed to the
petition of Mr. Thomas so as to bring the matter
to an issue before the Court. If Mr. Whitney
qualified before the Court, it would be virtually a
decision that he was legally elected he can offer to
qualify in writing, and his rights under the acts of
Assembly will thereby be protected
Mr. Gill said, cOnceding that the election was an
Illegal one under the decision of the Court. and
that the party in office had right to hold for
the next four years. could there be man found in
the community who would accept an office under
those conditions? He did not believe such one
could be found. He reiterated that the Court was
bound to decide upon the legality of the election
the consequences were TO be considered herea tier
As to whether there was no remedy in the next four
years, he thought that the Legislature would settle
that.
Mr.. Whitney said he was not represented bv coun-
sell as ais counsel were both of the CITY, and he
did not wish to call them here until the matter was
tuIly before the Court to be disposed Of-he was
present to qualify the States Attorney or to
abide by any order the Court thought fit to pass
Referring to the remarks of Mr. Gill; in which he
had said that no person could be found to accept
the office under such circumstances and that the
election was most unfair fraudulent and Illegal, he
(Whitney) remarked that many strange things oc-
CURED now a-days, and he believed that the dav had
gone by, when could expect to perfectly fair
election IN Baltimore, containing, it does
some 900 inhabitants He would protest, he said
against any commission being issued by this Court
to take testimony in the matter; he wanted the
witnesses brought before the Court, so they could
testify before the community, and so that the
Court could judge of their fitness or unftness to
III,
when testimony would be taken in a corner and the
character of the witnesses could not be known.
Mr.. Steele said the was similar to a case in
equity, where petition was first filed, then an an
Swer, and afterwards a commission issued to take
testimony, to be brought before the Court upon
which it was to decide; in matters of contested
elections, provided by acts of the Legislature the
feeling seemed ALWAYS to be in favor of issuinp com
missions to take testimony in preference to taking
1t orally. Mr.. Steele referred the Court to an act
OF Assembly, which the Judge examined.
The Court remarked that in a case of equity, a
claim must be set UP by one party against another,
and then provisions must be made for the payment
OF the costs OF the same; in this case there is no
claim set up; the is not claimed the election is
only averred to be illega who was to pay the costs
of the commission?
Mr.. Gill said, if that was any drawback, he could
assure the Court that Mr.. Thomas would be ready
to pay the costs
The Court thought it remarkable case-Mr
Thomas does not claim the seat, but only says that
the election was iegal-and would hear the argu-
ment on the matter, as far it had gone, to-mor-
row.
tition.
The Court thought they had a right to amend.
Mr.. Whitney protested against any amendment
to the petition unless made within thirty-days
from the closing of the polls.
The Court again remarked that it would hear the
argument in the matter far as it had progressed
tomorrow, and would then decide what action it
would take.
could say anything further on the subject.
Mr.. Whitney willing to submit it to the
Court for its action upon the arguments already
heard.
The Court, after some conversation with counsel,
agreed to take the matter up this morning.
Messrs. Gill and Steele havingretired Mr. Nc
Alister calico the attention of the Court to the case
of George COulsOn. He said there was a case of
simple assault and battery pending against George
and desired to know what bail the Court would
require, and whether it could not be taken in the
Clerks Office
The Court named $500, which was subsequently,
rendered by CoulsOns father, and George was re-
leased.
1t is presumed that after the disposition of the
contested election matter, the case of Burke and
Eaton, charged with the murder of Taylor, will be
taken up
The Court at o'clock adjourned until this
morning at 10 o'clock.
UNITED STATES CGRcUIr CoURr.-Hon VIM. Fell
Giles, Judge.
Nothing done yesterday:
The December term of the UNITED STATES DIS
TRIcr CouRr commences this morning.
Marshall Watkins has summoned the following
petit jury:
Eugene Post, Samuel Jackson, C. G. Adreon,
William Shelby, James Foos, William j. Kres
William N. Brice, Qunnton W. Ratcliffe William
Barker, }. W. Eggleston, Andrew Gregg, J. +.
Wilson, Elisha Carback William A. Disney, ThOs.
Lister, Henry Gale, A. W. Greenfield, Charles A.
Moale, Joseph Hugh, George Cassell, W. F. Me
kewen, NJ S. Watkins, J. w. Cottrell, Jarrett
Cole, William Randell, J. Isaacs, J. c. Booth,
Christopher Barnes, P. G. Costoly, Charles Moran,
Henry Myers James johnson, Nicholas Robertson
Edward Horney.