The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-04-18
Ia w INTELLIGENCE.

LA w LNIELLIGENCE.
CnIM1NAL CoURr.-Hon. Henry Stump, Judge
Frederick Pinkney, Esq, Deputy States Attorney,
prosecuting.
On the opening of the Court on Saturday, Charles
f. Pitts, Esq, moved the Court to fix the amount
of bail in the of John Lemon, indicted Joint
ly with Henry Duvall and John Siglefoos for the
murder of Christian Fischer. (Duvall has already
been convicted and sentenced to death and Sigle-
foos released on security of 81 000.)
Mr.. Finkney said he always objected to bail be-
ing taken in murder cases.
The Court, from its recollection of the evidence
| IN DuvaTs case, believed there was no testimony
to show that Lemon was in Fischer's house at all
but that he was outside with others. Bail would
be taken in the sum of 81 900.
Mr.. Pinkney then called the attention of the
Court to the of James Gallagher alias CAPTAIN
Green. suggestion had been filed to remove the
case to Baltimore County Court, but order had
yet been passed by the Court to that effect. He
would pray the Court, therefore, to pass the proper
order for its removal.
The Court directed the Clerk to make such entry
upon the docket.
w. C. n. Carr, ESQ.,, then stated to the Court
that he desired to offer bail in the of George
Erwin, against whom there were four indictments
for obtaining money under false pretences and for
uttering forged lottery tickets. The prisoner had
been @ tried on one Indictment and acquitted; he
still in Jail and his family suffering.
Mr.. Pinkney.-"Who do you offer as security?'
MIR. Carr.-"Mr. William Dorbacher, who Keeps
livery stable on West Pratt street. Your Homo
has already fixed the bail to the amount of S. 100"
Mr.. Pinkney said he hoped the Court would fix
the bail at high figure; although the man had
been acquitted on one indictment, there was no
doubt but that every one in the community, except
the jury, thought him guilty Moreover, he be.
heved that the authorities in Philadelphia would
claim him as a fugitive from Justice on the charge
OF having stolen the Lottery tickets from the State
officers.
Mr.. Carr said that Lottery tickets in the State
war
there could be no such indictment found.
Mr.. Pinkney Said if they were not considered
property, the paper which the numbers were
printed was property, and that would be sufficient
for the indictment. He would like however to ex-
anime the record and il the bail offered was suf
fcient.
- Mr.. Carr said he would offer good bail, Mr. Dor
bacher could be sworn on his voir dire, and the
State could examine him as to what he was worth.
The Court said the State had the right to exam
inc the record, and twenty-four hours would be al
lowed for that purpose
The Court would sit on Monday morning, and the
counsel could discuss the question at that time, and
the bail could then be given if the State was salts
fled with the security.
Charles l.. Kraft, Esq, counsel for Captain Green
here came into Court and said he had been informed
that by request of Mr.. Pinkney the Court had
passed an order for the removal of Green's case to
Baltimore county. He objected to the proceeding,
because he had previously filed withdrawal of
the suggestion to remove the case.
Mr.. Pinkney said the counsel had no right to do
this; after the suggestion is filed it cannot be with
drawn This course pursued, it would defeat the
ends OF justice; it was way to save # trial for
ever. He submitted to the Court that the with.
drawal of the suggestion was illegal.
MIR. Kraft replied that he was fully prepared to
argue that question at any time, either with the
States Attorney or Mr.. Pinkney. He had full right
to withdraw the suggestion for removal; the Court
OF Appeals had already settled that point in the
case of Manly, which had been taken from this
Court, and after the lapse of three years brought
here again for trial.
Mr.. Pinkney-"I had something to do with Man
ly, case, the point is not decided there
The Court remarked that it had Just passed an
order for the removal of the case.
Mr. hratt-"Then, may it please you, sr,I move
that the order be stricken OUT
Mr.; Pinkney, (excted )-"If the order is stricken
out the State will remove it. Give me an affidavit
here; give me pen. Well see."
Mr.. kraft-"Will your Honor hear me on the
motion to strike out the order"
Court-"Yes sir. Put the motion in writing and
the Court will hear you at any time"
Mr.. Kraft then filed motion to strike out the
order for removal.
State Us. John Sock, charged with assaulting
Joseph Freidberger. Not guilty. Snyder for the
prosecution. Lanahan for the defence.
MIR. Pinkney here remarked to the Court that
upon the examination of the case of Manly, re-
ferred to by Mr. Kraft, he discovered thathe pink
ney) was in error, and found that Green has the
right to withdraw the suggestion for removal
de therefore would pray the Court that the order
for removal to the County Court be stricken out.
The Court directed the Clerk to strike out the
order for removal The case therefore will be tried
in Baltimore.
State Robert Douglas, charged with beating
his wife Agnes Douglas. Agnes stated to the Court
that her husband was so drunken and worthless
that she was compelled to separate from him last
january, since which time he has annoyed her and
threatened several times to kill her. On the occa-
sion OF the beating, she had gone after her child,
who had been taken away by her husband to his
mothers house, that when she got there he locked
the door on her and beat her.
Court.-"Didn't you know he was rowdy before
you married him %
Witness.-'He never bore good character but
L didn't think he would behave this way
Court.-"Didn't people tell you not to marry
him 2''
Witness. ss.-"Yes, sir, my mother and all were op-
posed to it,
Court.-"Yes, and you wanted to get married so
bad you wouldn't listen to them. You ought to
have had more sense. It's very bad conduct though
for any man to do this way. How long shall l put
him in Jail ?''
W. WitnessI"Jqst as long as you please. don't
like to say how long, because he always said if 1
put him in Jail he would kill me.''
Court.-"Well III put him in Jail month and
fine him so cents: !fyou make oath that you are
in fear OF your life, put him under $500 security
to keep the peace for six months.'
the witness then made the necessary oath and
the Court directed that when the term Of imprison-
ment expired, Douglas must give proper security
State u.s. Michael Coleman, charged with resist
ing officer Eaton. Guilty. Sentenced to two
weeks Imprisonment and pay fine of 81 and costs.
Total SS24.
State Us. Matilda Stewart, charged with assault
ing Harriet White, and Harriet White charged
with assaulting Matilda Stewart and cutting her
head with glass bottle. Cross-action. The
Court, after hearing both sides, said it did not
know which one to put in Jail. If the Court
thought it would reform them any, it would send
both there, but thought that course would work no
reformation. Dismissed.
The recognizances of Joseph P. Jennings, Law
renee Hobbs, Sophia Carter, Samuel Clark and
George Davis were forfeited
John Figg charged with stealing a monkey
wrench valued at 70 cents was admitted to bail in
the sum of $500, his father Adam Figg becoming
bis bondsman.
After the question of the removal of Green's case
was decided, MIR. Pinkney, in conversation with
the State, remarked that a recent case had Just
been acted on where the Court had ordered Ford's
trial to be removed to the county.
Judge Stump said he had made no such order,
and did not intend to do so. He was not aware
that any such suggestion had been filed.
The Court adjourned until this morning at ten
o'clock.
SUPERIOR CoURT.-Hon. T. Collins Lee, Judge.
The following occupied the Court on Saturday:
Ware and others Richardson and others. Ex-
ceptions to Auditors account. Argued by t. S.
Alexander and Walsh. Under curia.
Wetter Hardesty. Motion to dissolve injunc-
tion. Concluded by j. Mason Campbell. Under
curia.
Kingsmore Berry. Motion to strike out in
QUESTION. Gale for the motion. Steele for plain
tiff. Not concluded.
CoURr OF COMMON PLEAs.-Hon. VIM. L. Mar
shall, Judge The following occupied the Court
on Saturday:
George A. Brown Us. Mace Howard, (negre).
An action to recover damages for Misrepresentation
made by defendant to plaintiff, at the time of sale
of horse Before reported. Plaintiff Called makes
default. Judgment of non pros.
UNITED STATES CIRcU1T CoURr.-Hon. Roger B.
Taney, Chief Justice, and Hon. VIM. Fell Giles
The following occupied the Court on Saturday.:
Charles Bayne rs. Robert F. Morris. An action
covenant. On trial. Dobbin and Brent for
plaintiff. Wallis, Thomas, and Charles Marshall
for defendant. 20
There was nothing done on Satur day in the
CRcuIr CouRr FOR BALTIMORE CRY.