The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-10-26
ia w INTELLIGENCE,

,!. CRMN4L MAJ CoURr-Hon. Henry Stump, Judge
Milton Whitney, States Attorney, 4. joseph Ro
gers. Esq, assisting the prosecution
Coleman Yellott and Dennis S. Sweaney Esas.
/ for the defence.
State Us. Thomas Hoffman, indicted Jointly will
Robert Miller (suce acquitted) for the murder O
! hugh ID. USuliivan, on the night of the 23d o
August last, by shooting him with pistol in thu
| Dack part OF the head causing a mortal wound
from which the said 0'Sullivan instantly died.
The following jurors were sworn to try the case
Leonard Ponder, Joseph Stevens, John w. Hall
Sohn H. Hynson, William H. Vernum, Nimrod
! Cromwell, W. G. Jones, Isaac Corriell, John Har.
TTlson, Nicholas j. Manly, Joseph B. Thomas and
On the opening of the Court yesterday, upon the
! States witnesses being called it was found that
| three of them did not answer
Mr w hltney stated this to the Court and added
that the absent witnesses were present in Court
Yesterday Monday, and therefore the counsel for
the state had announced that they were ready to
go to trial 1t was impossible, he said, now to 90
on without these witnesses, and he would ask at
tachments against those who were absent.
The Court ordered the Sheriff to bring the wit.
nesses lin, saying that the Court would then nut
tnem somewhere where the officers would not have
to go far to find them.
Mr.. Yellott suggested that the State 90 on and
examine the witnesses who were in Court
Mr.. Whitney declined to do So remarkino that
ne ala not wish to commence the trial and after
wards ask postponement or discharge of the
jury.
Mr.. Sweeney said the defence would object to
the suggestion OF the State to discharge the jury;
'he state had no right to do so, the trial had al
ready commenced.
The Judge said he did not design to discharge
the jury, but if the State commenced Its testimony
it was tantamount to announcing that thev were
ready for trial, and then the Court could not most
pone it. FN
After some further conversation, the Sheriff pro-
ceeded to attach the absent witnesses, and the
Court TOOK recess until IL O'Clock.
On the re-assemblinV of the Court tho Shar;E
announced tha he had been unable to find the alb
sent witnesses. He had learned that P. J. LYONS
one OF them, had started in the morning to come
to the Court; that another named Charles Cald
well, had left the city; and that the other, named
George Kelly, was at work, and his family would
send him to Court when he came to dinner
Inc recognizance of Charles Caldwell was for
feited.
The Judge then remarked that he would adjourn
the Court until tomorrow (this) morning, and
directed the Sheriff, if he found the wi nps<es to
put them in Jail. He tol the jury they must be
Kept together until the refractory witnesses could
be found, and requested them to go to their usual
quarters. He also granted them permission to
take walk in the afternoon in charge of the
bailiff
The Court at 12L O'Clock adjourned until this
morning az 10 O'Clock.
CIRCUIT COURT BALTIMORE CIrY-Hon. VIM.
George krebs, Judge.-TEe following occupied
yesterday:
John Dwyer Us. Thomas A. Cunningham and
otuers. CreultOrs Dill TO set aside certain deeds
alleged to be fraudulent VIM. Price, S. Teackle
Wallis, r. S. Mathews and John Carson, Esqs, for
complainant. VIM. Schley, Esq, for defendants
Argued by R. Stockett Matthews, ESQ.,, for com
painant. Not concluded.
CoURr OF COMMON PLEAs.-Hon William l.. Mar
shall, Judge. The following occupied yesterday:
ID. w. Cook Us. W n. Oswald. Before reported
Judgment affirmed.
Saml. j. Soper & Co., Us. Aaron Metzgar An
appeal from Justice Myers. Judgment affirmed.
Assignment 100 to 131.
SUPERIOR CoURT.-Hon. z. Collins Lee Judge
The following occupied yesterday:
Charles ii. d Samuel Kinks Us. Amasa E. Hail.
An action of replevin. Before reported. Verdict
for plaintiffs, and one cent damages
Thomas Booze, Sur. of James NJ. Foster Us. Jas.
Hooper and John D. Graft. Covenant. Messrs.
Wallis, Thomas and Nelson, for plaintiff. Mr..
johnson for defendants. On trial.
Assignment for to-day 2S2 to 3Il.