The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-10-07
La w INTELLIGENCE

CRIMINAL COUnT.-Hon. Henry Stump, Judge
Milton Whitney, Esq, States Attorney prosecut-
ing.
On the opening of the Court, Mr.. Whitney an
nounced that the State ready in the case of
Miller and Hoffman.
Mr.. Waters said, he ready to 90 on with the
trial of Miller.
Mr. Whitney said that T. J. Rogers would as
sist him in the prosecution. The Court had order
ed a severance of the trials. and the State now
preferred to try Hoffman first.
The Court asked who was his counsel.
Mr.. Whitney.-''Mr YellOt, | believe"
Mr. Yellott remarked that the other day, he had
stated that he had been called upon to act as the
counsel for Hoffman, but then he could not say
whether he would undertake the case He desired
now to enter his appearance as counsel for Hof
man. He was not prepared to 90 to trial, in case
of such magnitude, without having proper time to
get ready, he had not had an opportunity to
anime any witnesses as yet. He thought however,
that by the time the trial of Miller, was through
with, he would be prepared to say, whether he
would 90 on, not.
Mr.. Whitney, said the State would be willing to
go on with Miller's trial with the understanding,
that Hoffman's case would be taken up Immediate
ly after.
Mr.. Yellot, would not say positively that he
would go then.
The Court asked Mr. Yellott how longit would
probably take him to get ready.
Mr.. Yellott could not say definitely, he would
name next Monday two weeks as the day to take
the case up.
In reply TO tne court, Mr.. whitney stated that
| the State had some ten twelve witnesses to ex-
| anime
! Mr.. Waters said he had to examine for the
! defence, he had summoned several, but he thought
! there would be no need to examine them.
After some conversation between the Court and
counsel, Mr.. elliott sad that if after the cOncu-
sion of the trial Of Miller he thought he could go
on without prejudice to Hofman's case, he would
do so.
Mr. Whitney remarked, that with that under
standing, the State would now proceed with Mill
4 er's trial
State Robert Miller, indicted jointly with
! Thomas Hoffman for the wiliul murder of Hugh D.
OSullivan on the night of the 23d OF August last
| by shooting him with pistol, infctng mortal
wound upon the back of the head; of the width of
half an inch and of the depth of four inches, from
which wound the said Hugh D. OSulivan instant
! " died.
T. Joseph Rogers assisting the State.
VIM. 5. Waters Esq; for the defence
The regular panel OF Jurors were then called aud
| sworn upon their roir dire, when the following
| gentlemen were selected Thomas :. Williams,
Joseph Stevens, George W. Showacre, William
| Ridgeway Richard Alexander James c. Perry,
Merryman Cole, Joseph +. Wills and Thomas Can
| non.
The panel being exhausted and only nine persons
selected the Sheriff was directed to summon thir-
teen talesmen and the Court took for TWEEN
ty minutes
On the reassembling OF the court the names of
the talesmen called, and each his
roir dire when the following gentlemen were selec-
ted from the thirteen summoned Jacob Sarbow-
er, George w. Davis and Richard D. Walker.
The following gen tlemen compose the jury =
Thomas s. Williams, Joseph Stevens, George w.
Showacre, William Ridgewav, Richard Alexander
James C. Perry, Merryman Cole, Joseph F. Wills
Thomas Cannon, Jacob Sarbower, George w. Da,
Wis and Richard d. Walker, who were sworn and
charged in due form by the clerk.
Mr. Whitney then asked the Court if he should
COON.
Judge Stump replied, that he thought he would
| ,pct, fnrtb ,,t.I
, FRIDAY as he was not well.
Mr.. Waters said, he hoped the States ATTORNEY
would make his opening statement to the jury
, to-day (Thursday), even if no evidence wa
taken.
! Court.-'Wel ell go on Mr.. Whitney"
Mr.. Whitney said if there was to be no evi
dence produced at this time he would prefer wait
ing until tomorrow Today before addressing tn
e jury.
The Court said, it would prefer to adjourn now
and asked what time the meeting in the Square
would take place.
+ Mr.. Whitney.-"At four O'Clock l believe SIR"
Court.-"Well, we better adjourn.
' The Court then remarked to the jury, that
y would adjourn until to- morrow friday mornin,
that they would have to be kept together in charg
| of bailiff, and that they would be permitted t
: go to any hotel they pleased, to obtain accommc
: tions.
!. The jurors by consent, were also allowed to sen
! any communications to their families, which the
j. desired.
| w VI pliiSi ) case MI
;, Sweeny asked the Court to strike out the tito
a a in the case OF Mary Mullen indicted for keeping
r disorderly house. The Court assented and Ii
Y usual nne ana costs in such cases was imposed
Q Mr.. Pinkney then asked the Court to ouash III
It presentment, against Lewis NJ. Pollock charge
with passing forged check in the name of John
! Hewlett Son. He said the check had been d
n stroyed and the State could not frame an indie
E, ment without it. The Court ordered the presen
g ment quashed.
1 In the case of John Graham, charged with a