The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-02-07

JOhn u. hughes, executor OF Anastasia Hughes
rs. Thomas Z. Bard. An appeal from Justice Carl
Judgment reversed and judgment for appellant fol
return of property and S5.92 damages and costs
August Douglass Us. Jasper M. Berry; An ap
Mayor and City Council of Baltimore u.s. William
Davidge. An appeal from Justice Myers. Judg
ment reversed and judgment for appellee for ST ant
costs.
The following business occupied the Court on Satur
day:
Garritee Us. Sterling and Others In this case tn,
defendants made motion for new trial on yari
Gus grounds filed. The plaintiff objected that the
motion was made too late, as the defendants coun
sci had made motion for the Judgment of the
Court, for costs in favor of defendants as the YER
dict was in favor of plaintiff for S475, which being
under the sum of $500, the Constitution gives the
discretion to the Court to adjudge costs to tn,
plaintiff or defendant. Argued by 0. and B. f
Horwitz for plaintiff, and Arthur w. Machen ant
l.. F. Barry for defendants. Held under emia.
TowsoNTowN, Feb. 5, 1882
CIRCUIT Court FOR BALTIMORE CoUNTY-Befort
Hon. Judge Price. Richard J. Cuttings, ESQ.,
prosecuting for the State.
State ys. David Welsh indicted for keeping dis
orderly house, was taken up. This is another Slab
town case. The evidence of which has been pub
lished in the of James Hogan and others
The State proves that shots are constantly being
fired from the small groggeries in that place tt
the terror of the neighbors and passers bv Verdict
equity" and motion for a trial made.
The following additional affidavis have beer
filed for a new trial. by Mr.. Preston in the case Of
Peter Corrie, convicted of the murder of police
officer Benjamin NJ. Rigdon:
In the Circuit Circuit Court fo,
State Baltimore county, December term
1858, indictment for murder Yer
Peter Corrie, dict, Guilty of murder in the frs
degree. Motion for a new trial.
Before the subscriber, Justice of the Peace O
the State of Maryland, in and for Baltimore county
personally appears this 5th day of February 1859
Peter COrre, who, being solemnlv sworn on tht
Holy Evangely of Almighty God, deposes and saw
that each and all of the jurors to try him foi
the murder of Robert NJ. Rigdon were either
strangers to this deponent that being called tales
men to serve on the jury that tried him, deponent
had no opportunity of knowing until each juror was
called to be sworn, whether such Juror was cOmpe
tent or incompetent, partial or impartial Depo
nent now AYERS from facts which have come to his
knowledge since said jurors were sworn to try him
that several of said jurors were incompetent by
reason of Partially: said incompetent Jurors having
previous to being sworn to try him, had formed
expressed opinions as to deponents guilt or limo
cence of the murder aforesaid; that certain Johr
b. Carroll had so fully considered the subject mat
ter of said indictment, and had so thoroughly made
up his mind, that he offered to make a wager o
bet that deponent would be hung for the murder
aforesaid; and yet the said John B. Carol
with his Judgment and mind thus made
up and prepossessed against deponent, suffered
himself to be sworn as juror to sit in iudgmen
upon deponents life. Deponent further AYERS tina
John ). Ensor, another of the jurors sworn to tr'
said cause, did, previously to his being sworn lis
ten to portion of the testimony delivered in tn
case of the State against Marion Crops, also tret
for the murder of said Rgdon, and previous t.
being sworn as a Juror to try deponent declared
his mind made up as to the subject matter of SAT-
Indictment; and that he could not entertain doub
of deponents guilt yet he too permitted himself t.
deponent's life.
Deponent AYERS further, that another of said iu
rors, to wit: Oliver Cash, had formed and express
ed opinions as to the guilt or innocence of thi
deponent of the murder aforesaid and with sait
opinion formed, expressed and entertained at tn,
time of being sworn did enter the Jury box to sit il
Judgment upon deponents life.
Deponent further AYERS that he has been informed
and verify believes that Shadarack Sparks another
of said jurors, previous to his being sworn as iu
ror to try depOnent, had formed and expressed
opinion as to the guilt or innocence of deponent a
to the murder aforesaid.
Deponent further AYERS that he has been informed
and verify believes, that Jacob Shock, another o
said jurors, previous to his being sworn on sale
jury, expressed opinions adverse to deponent and
equivalent to conviction on his (said Shock minC
that this deponent was guilty of the murder of said
Rigdon; and in relation to said Jacob Shock depo
nent AYERS that during the time of deponent's trial
and after said trial had been several days in pro-
gress, and during the period that said jury were in
the custody of the bailiffs at hotel, in Towsontown
where said jury were permitted by the Court for
said Jacob Shock secretly escaped from and out O
the keeping of said bailiffs, and was subsequently,
found in the store of Mrs. Mary A. Shealey in Tow
sontown, and when so found gave reason for
the separation from his fell ow Jurors an excuse in
sufficient in law and utterly subversve of deponent
rights.
Deponent also AYERS that Aquilla Galloway, an
other of said jurors while in the custody of sale
baiffs, at the hotel in TowsontOn before mentio on
ed, without the knowledge, consent or appreciation
Of the Court the pnuncal for tho Stofn daOnnant's
counsel, deponen, out of the presence and hear
ing of the Court, counsel and this deponent, hello
conversation and intercourse with a white man
unknown to this deponent
Deponent further AYERS that another of said per
sons, viz: Daniel S. Merceror, who did not believe
deponent guilty of murder in the first degree, anC
who in the 18th year of his age, declared tha
owing to his advanced years and his then physi
cal condition, he would die if longer coz
fined on the jury, and that therefore
he would concur in verdict of murder in the first
degree, with accommodation to Executive mercy.
Defendant further adds that the verdict recorded
against him is not the unanimous verdict of the
twelve men sworn to try him; that the polling
of the jury, at the time of the rendition of the
dict, William Stewart, the second juror called
simply responded, 81 say the same," and did moi
say ''guilty of murder in the first degree;" that
John X. Smith, at the time of redering his verdict
declared, in open court, that he was constrained
to concur in a verdict of murder in the first degree
but did so with hope of saving the prisoners life
F. j. WHEELER, j. z.
Mr.. Preston, counsel for the prisoner, also filed
the following affidavit, in substance, viz: That
John II. Longnecker heard John S. Ensor, one Of
the Jurors, say 81 cannot see how any can en-
tertain doubt to their guilt" also that John
Knight saw and read on the wall in the Court
house, the following inscription, "Jury locked ur
on Peter Corries for the murder of officer
Rigdon The jury now stands for first degree
and 3 for second degree-Jacob Shock.
Court then adjourned until Monday morning al
10 o'clock.
SUPREME CoURr OF THE UNITED SrArFs.-FRIDAY
February 4.-On motion of Hon. Jacob Collamer
George w Cahoon, Esq, of Vermont. admit
ted an attorney and counsellor of this Court.
No. 80. Richard Gregg ct al, plaintiffs in error
Us. Robert Forsyth In error to the Circuit Cour
of the United States for the Northern District o
Illinois, On motion of Mr.. Washburne, of counse
for the defendant in error, this cause dismissed
for the want of jurisdiction.
No. 100. John Dredge Ct al, plaintiffs in error
as. Robert Forsyth. In error to the Circuit COur
ofthe United States for the Northern District of IL
lnois, On motion of Mr.. Washburne, of counse
for the defendant in error, this dismissed
for the want of jurisdiction.
No. 25l. The st. Louis, Alton, and Chicago
Railroad Company, plaintiffs in error, vs. Clark
Brothers & Co. In error to the Circuit Court o.
the United States for the Northern District of Hi
nois. On motion of Mr.. Polk, of counsel for the
defendant in error, this dismissed for thu
want of jurisdiction.
f. Goodell, plaintiffs in error, as. Clark, Broth
ers & Co. In to the Circuit Court of the
United States for the Northern District of Illinois
On motion of Mr. Polk, of counsel for the defen
dants in error, this cause was dismissed for the
want of jurisdiction.
Nos 274, 275, 276 277, and 27s. William s.
Moss, Abner c. Harding, ct al, survivors of Will
liam Kellogg, deceased, plaintiffs in error Us. Ed
ward Chase. Errors to the Circuit Court of the
United States for the Northern District of Illinois
Mr.. Justice Wayne delivered the opinion of thu
Court dsmissing these cases for the want of juris
dcton on account of defective citations; they be
ing irregular in this, that they cite the parties tC
appear at day anterior to their date, and arr
therefore null and void.
No 4 of December Term, 1857. The Ocean Tow
Boat Company, owners &c. appellants, Us. Tn,
owners of the Crescent City, &c. Mr. Justice Wayn
delivered the opinion of the Court on the motion o
Mr. Benjami that the appellants entitled to re
ceive ll9 06 of and from the owners of the Cres
cent City, and that the decree entered at the las
term be reformed accordingly.