The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-11-08

My object in rising here, is, repeat to saw that
Mr. Creamer asks that an investigation be had into
this matter. As far as know, Mr.. Creamer was
entirely ignorant of any thing in relation to this
affair until he accidentally informed of it, and
believes that he shall be able to show that as his
course has always been upright, just and fair, he
shall also show that his deputies who summoned
the jurors were actuated by pure and honorable
desires.
The Court here asked who the Deputies were who
summoned the talesmen
Mr.. Graham replied, that Deputies Woollen,
Danaker, Afford and Grafln summoned the tales
men.
Mr.. Collins continued and said, that Mr. Cream
er, knew nothing of the action of the Deputies; he
asked that their conduct be also scrutinzed in the
! investigation; and although Mr.. Creamer put the
utmost faith in the integrity of his deputies vet if
it should be shown, that there was any completely
on their part, in bringing about result such as
was chaaged in the communication referred to-
then, although his term of office would shortly ex
pire, every of them would be discharged
promptly from his service. Mr.. Collins then said,
that the gentleman who had written the COM
munication was in Court and he would like to hear
from him. He also stated, that Mr.. Creamer was
notpresent when the tales were brought into Court
being engaged on other business, and knew moth
ing about the summoning.
The Court asked was the author of the card
referred to. The Court had not it, although
1t took the paper regurarly.
Mr.. Collins said the author was Mr. T. Joseph
Rogers.
The Court-''Mr. Hodges?"
Mr.. Whithey-"No, sir, Mr.. Rogers, who was
engaged with me to try the case"
The Court then desired the communication read
which was done by member of the bar present.
(lt charges that the Jury was packed and that
Mr.. Creamcr was cOgniZant Of it, that it could not
have been done without his knowledge or that Gf
his deputies, and that the State was utterly power
less to remedy the matter 1t says that Mr.. Whit
ney had no knowledge of anv corrupt proceedings
If any, until after the twelfth juror was sworn.
Mr.. Collins proceeded and repeated what he had
before said, that Sheriff Creamer knew nothing of
the summoning Of the talesmen. The first knowl-
edge, he said, Mr.. Creamer had in relation to the
charge of a packed jury was when he was ap-
preaching the Courthouse the next morning; he
was met by gentleman who spoke to him in rela-
ton to it, and stated that such charge had been
made against him. Without delay he sought Mr..
Whitney, who then, it seems, having noticed some
remarks in the newspapers in relation to the mat
ter was at the time looking for the Sheriff. They
met, and Mr.. Whitney then told Mr. Creamer that
he had heard it said that the jury was packed Mr..
Creamer then stated that he had just heard the
same thing, that it had surprised him, and
that he was then seeking Mr. Whitney to con
fer with him, and that he knew nothing of
any thing being done contrary to a strict and up
right course, by his deputies. Mr.. Collins said,
he would ask the States Attorney to corroborate
this statement. As for Mr.. Creamer, he was ready
to be sworn as to the facts; he was responsible to
the Court, responsible to the community, and de-
sired to have full and complete investigation into
the charges made against him personally and also
against his deputies He believed in tbs integrity
of his deputies, and wished their conduct also to
be fully investigated. Mr. Collins continued and
said that he himself invited the scrutiny of the
law in regard to the conduct of Mr. Creamer He
believed that during the whole term of his Office
ne had endeavored faithfully and honorabIv to
discharge his duty to the community; if he
had not, he had deceived not only him
Collins but thousands of his fellow citizens
After MIR. Collins had spoken, Mr.. Whitney arose
and said:
May it please your Honor, this subject has taken
me by surprise coming up as it does at the present
time. As to the conduct of the Sheriff in the pre-
mises, would state that recollect on the day of
the summOning of the tales. after coming into
Court, at the expiration of recess. that Mr. Rogers
asked me if | knew one or two persons who were
in the jury box. | replied that did not, and also
remarked that there few there that did
not know. On Tuesday morning | observed in one
OF the papers paragraph in regard to the empan-
neling OF Jury, concerning certain persons who
We're sworn the panel. This took me by sur
prise, and was at loss at the time what course
to pursue. When Mr.. Rogers came into Court
called his attention to this matter and we had some
conversation concerning it, during which came
to the conclusion that if the jury had been packed
| the State was pOwerless in the premises Your
Honor is aware that the State has no right of
challenge, except TO challenge for
and then the State must be prepared with evil
dence to sustain the challenge. Where Juror
comes into Court and is on his roir dire, as
to whether he has formed or expressed an opinion
and replies that he has not, and thereby perhaps
perjures himself the State has remedy; and that
If the juror is not challenged by the prisoner, he is
entitled to his seat in the jury box On coming
into Court on the morning of Tuesday, | noticed
Mr.. Creamer of the doors, and Immediate
| ly approached him and said, ''Mr. Creamer, | am
told that the jury in this has been packed"
| Mr.. Creamer replied, 81 have so understood, and
was coming into Court for the purpose of confer
ring with you in regard to the matters know Moth
| ing of the persons who have been summoned upon
I tIa, i 4
! the paper, and spoke to Mr.. Creamer about it.
thought at first that | would call up the reporter
! who had written the article and ask him to whom
he referred, but that course would have led to some
! difficulty.
Judge Stump.-"A reporter! What reporter was
! it ?"
| MIR. Whtnev.-"The paragraph was published
in the report of Court Proceedings in the Clipper,
and was referred to, believe in the local columns
! of the SIN. Mr.. CTea ner, as far as know has
always done his duty as Sheriff in an upright and
| honorable manner. The State in such a case is
utterly poweress. Mr. Gwinn, my predecessor,
! drew up law to meet this point, but it was re-
| jected by the Legislature"
When Mr. Whitney had concluded Mr.. Rogers
desired him before he took his seat to state whether
he had told him (Rogers) about the conversation
! had with the Sheriff.
Mr.. Whitney said that as far as his recollection
served him, he had not mentioned this conversa-
to Mr.. Rogers.
The Court asked, what motion was before it, ii
lad heard several speeches, but wanted to know
| what the motion was
Mr. Collins said he desired that the conduct OF
the Sheriff, in regard to the charge made against
| him, should be investigated. The gentleman who
had written the card present, and he would like
to hear from him.
Mr. Rogers here arose and said, that he did not
admit Of the justice OF the call upon him to speak
| before the Court; there was no motion pending and
! he did not care to say anything at present; when
called upon to speak to any motion, he would speak
| and give his reasons and opinions in full.
Mr.. Collins, said that he would move that Mr..
Rogers be summoned before the Grand Jury to tes-
! tify in the premises; this was grave charge to
make against an officer.
! If Mr. Creamcr h as done that with which he wa:
charged, he (CoI.ins) would turn away from hin
a thing to be loathed. He would ask the gen
teman hO wrote the card if he would 20 before
the Grand jury
Mr.. Rogers said, that he believed that the object
of the gentleman to get him to testify before
the Grand Jury in relation to a card which had
been published by him. He did not hesitate to say
that he would go before the Jury, but he woulC
not do so and not until he had procured testi
mOny to sustain his owr
Mr. Collins here said, ''Will your Honor allow
me to make motion, that Mr.. Rogers be swor1
before the Grand Jury. This charge should be in
vestigated either by the Court or the Grand Jury
| 1t the officers of the Court, one of whom is tht
Sheriff, are corrupt, the community ought to know
| it. Mr.. Rogers need feel no apprehension that hi
action in the matter will lead to suit for libel
Mr.. Rogers said he was not afraid Of that.
Mr.. Collins did not believe that the Sheriff wa
crimnally responsible for the conduct of his depu
ties.
The Court understood the motion to be, whether
the charge against the Sheriff should be investiga
ted by the Court or the Grand Jury.
Mr.. Collins s-''All | ask sir, is that the charge
be investigated If this charge is proven agains
the Sheriff, it is a contempt of Court and God for
bid that high Court of this State can not coutro
the conduct OF its officers.
Judge Stump said that he did not see the article
referred to. although he took the paper regularly
As regarded this matter, he said that the idea o
corruption was one thing and the packing of u-
ry something quite different.
! He then explained the manner of summOning iu
rors in this State and showed, under the procedure
how the Sheriff might be imposed upon, in sum
monng talesmen. The Court had no remedy
when juror, being questioned on his coir dire sale
he had not formed expressed opinion, thu
Court has means of telling whether he was tell
ing the truth or committing perjury; this only
be known to the Searcher of all hearts. The Jud o.
then said that he thought Mr.. Rogers ought to %
before the Grand Jury and testify to what h.
knew in regard to the matter. In relation to tb
publication of the card, the Judge said, that Mr.
Rogers had behaved much better than many VIII,
sent communications to the newspapers, by sgnin!
his name to the article. The papers are filled with
| communications from ANONYMOUS scribbers, penny
a-liners, who write about things they know nothn!
about. Many things had been written about tFHf
Court; but he had got to it, he paid no atten
tion to them.
He then made some remarks about the action of tn
Court in sentencing persons, and the efforts of par
ties TO have them pardoned; about the business G