The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-01-24
La w WTELLIGEWCE.

CRIMINAL CouRT.-Hon. Henry Stump, Judge.
Frederick Pinkney Esq, Deputy States Attorney,
prosecuting. The following business was transact
ed on Saturday:
On motion Of Robt C. Barry, ESQ.,, r. D. Burns.
Esq, was admitted to practice in the Criminal
Court.
State Us. Jerre Carey. Charged with assaulting
Edward Barrow. Settled by consent, defendant
paying the COSTS
State Us. Mary and Susan McNew Charged with
assaulting Mary McNeary. The court imposed
fine of 81 and costs.
State Us. John Cotter. Charged with assaulting
and beating Ellen Barrett. The court imposed a
fine of 81 and sentenced him to two weeks imprs-
onment.
State Us. William Taylor. Two charges for as
saulting and beating John Baker. 1t was in evi-
dence that the assault entirely unprovoked in
both instances and the Court sentenced the prisoner
to fine of 81 and two weeks imprisonment.
State Us. William Moore. Charged with resisting
an officer in the discharge of his duty. Sentenced
to pay fine of 81, and undergo one weeks mpris-
Onment.
State. Us. James Dinsmore. Charged with assault
ing and beating Mrs. Holiday. Sentenced to pay
fine of 81 and, one weeks imprisonment.
State vs. David Welsh. Charged with resisting
officer Shearer in the discharge of his duty. 1t
was in evidence that Welsh struck at the officer
and attempted to choke him, when the officer
knocked him down. In consideration of the priso-
getting the worst of the scufe with the officer
and having been confined in Jail some DAYS, the
Court did not intict any punishment, but told him
to keep sober and not come up for similar offence,
for if he did he would not get off so easy.
The writ of habeas corpus, issued in the case of
Alexander johnson, and made re.urnabe this
morning, was taken up. John r. Henley, Esq.,, ap-
peared for johnson. 1t was in evidence that John
had enlisted in Philadelphia, under the name of
Alexander johnson Sommers, and at the time of his
enlistment, he certified in writing that he was
single His wife now makes application for
his discharge, claiming his labor for the support of
herself and child.
Mr.. Henley contended that Johnson had been en-
listed in violation of the rules governing enlist
ments in time of peace. The law forbds the en-
lstment of married men, unless special permission
was received from the War Department. Such per-
mission had not been granted in this instance, and
therefore the officer who had enlisted him had ex-
ceeded his authority, and the contract was null and
void. The marriage license and the certificate of the
minister who performed the rites were produced as
evidence. The counsel acknowledged that johnson
had certified at the time of his enlistment that he
was single man, and that he had also given a
wrong name, but contended that the recruiting Off
had not discharged his duty in investigating the
truth ofthe statements made by johnson.
Judge Stump said, that there was no evidence to
prove that Alexander johnson and Alexander John
| son Sommers were the same persons. They might
and they might not be. and if they were, he doubted
the policy of allowing man to take advantage of
his own wrong. If they are the same, Johnson, by
! giving his name as Alexander johnson Sommers,
had placed it beyond the power of the recruiting
officer to find out the truth of his assertion that he
was a single man. The court doubted very much
whether he had the right to the benefit which he
| claimed
At the request of Mr.. Henley, the court held the
| case under advisemeut, to give an opportunity to
| the counsel to prove that Alexander johnson and
| Alexander johnson Sommers the same persons
The recognzances of the following persons were
forfeited: Emily Young, Margaret Donnelly, Mar
! garet Fay, Agnes Bradley and Lawrence Aaron.
| Court adjourned until this morning at Ii o'clock.
! UNITED STATES CIRCUIT CoURT.-Hon. VIM. F.
| Giles, Judge The following business trans
| acted on Saturday:
| Edgar McKenny u. Heald & Bro. Motion for
| injunction. Before reported Injunction Refused.
COURT OF COMMON PLEAs.-Hon. VIM. l.. Mar
acted on Saturday
John Feber rs. John Reynolds. Appeal from
Jolley. Judgment affirmed.
j. d. Fardy & Bro, Us. James Murray. Appeal
| from Spies. Judgment reversed, and judgment
for appellee for Sl2.39.
Jacob Burroughs us. Isaac F. Getty. Appeal
| from Alexander. Judgment reversed.
Assignment for to-day from 235 to 25s
SUPERIOR CoURT.-HOn. u. Collins Lee, Judge
| The following business transacted on Saturday:
Robert Leslie Us. Henry Griffin. Application by
| defendant to remove case. Malcolm for plaintiff
and Ing for defendant
Lorenz Goety Us. Selgman Herzberg. Replevir
motion for return of property. Talbot and Gar
vey for plaintiff and Snyder for defendant.
| Nage rs. Fernheimer. Application for appoint
ment for receiver. Snyder for complainant anC
| Boalden for defendant.
| Assignment for to-day from 432 to 456.
| CIRCUIT CoURT FOR BALTIMORE CITY.-There was
business transacted in this court of public inter
est on Saturday.