The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-11-30

| II all the Joint indictments were to be severed in
tnis way, the business could not be got through
| with, even II the Court would sit every day and
! Sunday too 10y al"
Mr.. Gardner, the Clerk informed Mr. Yellott
that the Court had ordered the severance on the
lth OF Novcmber; that it was so entered on the
| docket va ''e
Mr.. Ieott, addressing the Court, said that the
record showed that the severance had already been
ordered by the Court on the 7th instant
Judge Stump.-"l did not order the severance"
Mr.. leott.-"lt is on the docket"
Judge Stump.-"Well, its a mistake-tbe docket
Is Is under my supervision, and | can correct it. |
nave no recollection OF passing any order to sever
the Indictment"
oumstances connected with the case and why the
defence asked for a severance, when Judge Stumn
Interrupting him, said-'Now, Mr. Yellott, the
court aon want to hear what your recollection of
events is, the Court wants YOU to show the law and
any good reasons why the severance should be
granted VIII hear your argument on this subject
and then YOU show the law"
Mr. elott-"Well, sir, | thought was pro-
ceeding to argue the motion; | was going to cite
some cases to your Honor, and was about to cite
one oil the highest authority the recent decision of
this own Court in the of Miller and Hoffman
Mr.. McAllister.-tWe contend, your Honor
| order of the Court and"
Judge Stump.-"NOw, hold up: the Court never
passed such an order. Mr.. Yellott, the Court will
| hear your argument on the motion"
ia
and referred the Court to the case (reported in
Wharton's American Criminal Law D. 4S9) of the
parties who were indicted for manslauphter in the
United States District Court of New York at the
time ot the burning OF the steamboat Henry CLAY
\ motion was there made to severe the indictment
on the ground that the defence of one party wouId
embarrass the defence Of the other: the Court held
that II 1t was made to appear by sufficient reason
that the parties could not be tried fairly in Joint
trial, then il the duty Of the Court To order
severance OF the Indictment. He also referred TO
the case OF Crop and COrrie, when Judge Price
had allowed a severence of the Indictment on the
assertion and mere statement of counsel that
the defence of would prejudice the ease
OF the other; and also to the recent action
OF this Court in the case of Miller and Hoffman
where the Court had allowed severance because
Mr. Waters, the counsel for Miller had stated that
he could not have fair trial if tried with Hoffman
lie now made a similar statement in this case, and
prayed severance. As to the entry on the docket
| OF the 1th of November, he presumed the Clerk
would not have made it if it had not been by the
order Of the Court
Mr.. Whitney believed the counsel and himself
agreed as to the right of the Court to sever but he
thought that there must be sufficient reason shawn
which would be basis upon which the Court might
use its discretion. In the case of Crop and Corrie
he believed, Judge Price had stated, before grant
ing the severance, that he would hold the counsaI
! to strict accountability in regard to their state
/ ments about the defence of their clients If the
course now asked to be pursued by counsel is to be
followed up, there will be much time unnecessarily
/ consumed and the business of the Court could not
/ Nr VaIIofI .t,n,,L. A., ..
! upon what amount Of time would be consumed in
! II , % ' s''" ll'''O IA the courts up stars,
wnet+ ptapaps s an amount Of two hundred dollars
N"s "' S'dhe, Cle court ana jury sometimes spent
wgenS IN ueclng properly on the lssue-but here
be driven through their trials at racc-horse speed
( nartios saparatnI,-. Lrt tbT9,bt +I.. | " - '"e
S0OnlU at al IN do : .I
The Iudga tbnn drod NJ viz. 'ie 4 ig
tbe rcnnrt f tb sa ~ e,o.1 ~ hanu nun
referred tn "''' '"' ""''" "e "au
/ II 6 c,.
3HIsG ?tunlp a!JeE reading the report at length
% dt, % ~ % Tas r'lu u"Wn 'h 'nat case mat 1t was
,,,I,S j. ~ "a; ~ 10y " Sc'gI tle Indictment
III - I Ie'son SHOWN Ior SO DONG
r nus ~ I eSai iedS"I IN the hrst place, De
tI r4 t9u' | va" seNe'' III 'he case now before
iII nov w. SW1 aesS%E Is SHOWN ana ms Court
h % % .I 49, . unless sulcleiit reason Is produced
Tha p,s can IaEe ,au Irla' tried Jomt-
bo. I - tI T,,ld tHI ~" .nni ne uIu not Know
bn Week or noGo l iI
liz II il ,ht ~ ~ ~ Ia T U Il" urltt ehce 10
d s,it i 'it'' ne niu lo'u Mr. ehott on the
nni.ss l,,od ~ "V"" @ No. s1s'n tne inuIctheH5
la - ~" - '""sc va S"TH NV WY lhG accused
~ ClI ng. nnr "a" ,ial Iue NourI tneh asNeI
han aInd"d tr ~ u Wot T%s PASSeu "h'ch had
NJ "T"aJu TI =" - W. eIIu'' -
~ y t " " :: ~ "'H t'tt' Gu On thc ''h o'
w., e'Doe,' 1t leauS--lh9'ioh Ior severance
Tl'" : m"ro' 5Ti S11n|eH " tne Gou''.
@ nay is i mIStaNej nave no re-
tb y, 'ssng sGGh "n oruer' never ordered
'''I Um V"Tntt ,tIl't' se. ..Tt,at Ttet'
Of and we claim thn bonaf of ;t eu ou 'e uoek
,,,,s1 ,, ~ " ' Vi ~ II can DC eN
puISJr ID S+,,,,,, .erh, r,,,u. q.
co.., 81 ;, i"' Oo"' can eAPuhge II, II Il
'eSI H. nv Io ,uiu.o. .,rr ..o.,. IT,
-, tl W.. your hohor recolIects,
s'aVeu upon 'he uay "heh Ihe case was hXed iol
i uia tILa' I we "ouIu perhaps ask Ior severance
"heh the case came up, and also stated that W,
We would not remove it, and your Honor then remark
eu "r !ItlmaItI Inat you would grant the sever
ahce' shi lne sentlemen Gi the press took notes 4"
rn mornin amq " SO appeared IN the P"Oc prints theneH
ilI, Iiil i,Ing c. .UuL.op
| lug n,uii ,m. " "1i MAJ
MI McAlilster'-l lhese Iacts appeared IN thu
newspapers the next morning
Judge stump Z N, you must not mind what
the newspapers say. lLaughter)
MI; leil"IC S;'u 'hat Ihe aelence was not pre-
par win aHiaaVlts 10 sustain their motion; they
STOOD STOOD upon their legal rights now; the order ha'
oeei, PaSseu anu WAS so recorded, and they wer,
ready to try George Goulson now.
JuHge Stump;-"N lthout showing legal cause
Tor severance r.
= Mr. lelott.-"W hen the order was passed, there
must have been legal cause shown:
= Mr; " hithev 10 the court l-"N3W' sur, lwoult
IKE the record 10 De correct. w nat order vii
your Honor pass In relation to the entry? There
has been no written motion made IN the case, it ha
: ohiy pee peeH veroal u lhoIioh; D.,
! Juage stump lto tne clerk Now read wha
you have got down on the docket"
t Mr.. Gardner-" November 1th. Motion made t
sever by counsel for defence; same day severanc
= judge stamp~"WelI that's a mistake Laugh
y ter.
= Mr. leliott-'" claim the oeneht OF that en-
= Try. u...--l.-
> Judge stump lto the Clerk l-"WeIl, now, II
tell you ! W"sI s 10 PuI uo"h on the docket; "rt
gM"tloh LOT severance argued oy counsel Tor dc
tence without cause shown; severance declined
NOW LyS read IT.; oo,
C'erK-"Nov. ZJth' Motion for severance argue
e by counsel Tor defence without cause shown; se1
:. erance declined"
Mr.; Wmtney-'l am little puzzled by th
r punctuation OF thas' oeleye the severance IS r.
4 fused on account OF no cause being shown"
3. Goult;-'Now read 1t again.
= f 6ie ti9' n ~ Ca" "a II a Iel"lT T.
CII Cpui ,,I1 NJ" Ig"u W Me otler elIrE'
Cierk.-"N3V. 'th-Mou3n made by defence TO
IndTa Stu1an w tLa Go',rt II 4lo. .
1t ba strican ont holm, ooryincod tLot - o""T
$, cal error" "'''' - 10 Il o'e'
L CInrk - lraadi,,,\- - uSo,,o da, ,r,,,r. .,uI,.
=, sororanco 70 ha 80 ool-o, ,,it 80 Nu vi -
t II vac " ''3 Inv '"o0' ''
e .s.Iudqa Stumn ssTbot said or+r,-,-o,
e CIarL s.Tba+ id -t ~ '. Va >,