The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-02-01
LA w INTELLIGENCE.

the grand jury when summoned.
The Court asked him why he did not come up
when summoned.
The witness said he had been summoned as
Charles S. Smith, and thought it mistake
The witness had previously answered to the name
of Smith when called last week.
The Court said the witness must pay the costs of
the attachment, and if he did not appear when sum-
moned again. the Court would put him in limbo.
The following case was then taken up:
State Henry Duvall, indicted Jointly with
John Lemon and John Siglefous, for the murder on
the night of the eighteenth day of September last
of Christian Fischer, by shooting him with pis-
tol, inficting wound on the right side of the
breast of said Fischer, of the width of half an inch
and of the depth of three inches, of which wound,
he, the said Fischer, instantly died. j. r. Henley,
ESQ.,, appears for the defence.
The empaneng of the jury to try the case was
then commenced, and the clerk proceeded to call
the names of the regular panel of jurors who were
sworn on their coir dire and questioned by Mr..
| Whitney.
Samuel Chambers had not formed or expressed
an opinion; challenged peremptorily. Benjamin
F. Diggs, ditto. Isacc Mules, being asked if he
was opposed to capital punishment, answered that
he had not fully settled that question in his own
mind
The Court was of opinion that the Juror was in
competent. George Peters, John Norwood, George
). Riggs, and William T. Wallace were challenged
peremptoriy by the defence
Jacob Classon on being asked if he was opposed
to capital punishment answered: "On circumstan-
| tial evidence ann" challenged for cause
John ii. Elcott, having neither formed or x
pressed an opinion and not being opposed capital
ErannL y rick aftvr this juror answered that
he had not formed expressed an opinion, and
that he was not opposed to capital punishment
| Major Henley arose and said that he would make
an objection to this juror serving on this panel as
by the act of Assembly of 1919, defining the duties
of the Sheriff of Baltimore county in summoning
jurors, this juror was incompetent. This act pro
vides that the Sheriff of Baltimore county shall
summon jurors to for the space of three weeks
from the beginning of the term and after they have
served for that period of time, then the Sheriff
shall summon another panel ofurors to serve for the
balance ofthe term the Court. Mr.. Keny also cited
the act of 1854, which provides that person shall
be summoned to act as juror oftener than once in
two years. but that exception shall be taken to
juror after he shall be sworn and empannelled.
Mr. kenly said he objected to the competency of
the juror on the ground that he had served the
three weeks as specified in the act.
Mr. Whitney said that he believed Judge Archer
had given an opinion in relation to the act referred
to, that meaning intended to be conveyed was that
the three weeks, or twenty-one days. implied work
ing days. The jury here sits five days in the week,
and therefore they have only been in attendance
| htteen days. The act referred to, moreover, ap.
plies only to the process of the Sheriff of the
county.
Mr. Kenly thought that the language of the act
was clear, and that referred both to the duties of
| the Sheriff of the city well as the county, He
would bring the record of the Court to show that
the jurors were incompetent because they had been
summoned here on the second of the month. and
had served more than three weeks
The Court of opinion that the Act of 1919
applied only to the duties of the Sheriff of Balti-
more county; since the act was passed the city and
county had been separated, and the duties of the
Sheriff OF the city were specially defined
The Court thought the law inapplicable here.
MIR. kenly said he did not expect this objection
from the Court; he thought he could show that the
act had never been repealed, and that therefore it
applied now to the duties of the city sheriff.
The Court said it would allow the counsel time to
produce the books to show this
Mr.. kenly then retired for the purpose of pro-
curing the necessary authorities
Several parties were then severally brought into
Court, and arraigned. The first one was James
Gallagher alias Captain Green, indicted for feoni-
ously breaking into the store house of Peter Sauer
wein, on North Howard street. on the night of the
18th of February, 1858, and stealing therefrom
two silver dollars, Is five franc pieces 20 half dol
lar pieces, $50 dimes, 200 half dimes and 300 three
cent pieces-amounting to about S66. Gallagher
pleaded not guilty; said he was not ready for trial
and had counsel, but would have one if ne was
allowed time He was put back.
Daniel Dorrity, indicted for stealing, on the 25tf
OF December last, one gelding valued at S75, the
property of Peter j. 0'Reilly, was arraigned and
pleaded "not guilty" He said he was not ready fo,
trial and that R. J. Barry was his counsel
Ferdinand Wise, Ga lad about II years of age,
indicted for the larceny, on the 5th of January O
one one shot gun valued at SIS, the property of Johr
Morrill,, the younger, was arraigned and pleaded
mot guilty He said he was not ready for trial
and had no counsel. The Court appointed c. L.
Kraft ESQ.,, as his counsel.
=, George H. Holns, indicted for the larceny, on
the 18th OF November last of three gold breastpins
three gold studs, FIVE gold rings and one money
belt, valued in all at about SIS, the property Of
Jonn ila besinger, was arraigned and pleaded ''not
guilty. Not being ready for trial, and having no
counsel, the Court appointed Mr.. Sweeney to trv
his case.
Rebecea Dorsey, (negress about Is wears of age. J
indicted for stealing, on the 29th December last.
gold eAr-rInUS OF tba,
OF Mary Kobinson, was arraigned and pleaded ''not
guilty; NO counsel. The Court appointed J. D.
| Hambleton to try her case
After these proceedings Mr.. Kenlev came in and
SAD that he was not able to find the authorities
which he intended to refer to the Courts attention
put he submitted to the Court that the juror was
incompetent Pst, to serve under the act of 1919.
| Mr.. Whitney said that act applied distinctly to
the duties of the Sheriff of Baltimore county,
The Court was of opinion that the act did not
apply to the duties of the Sheriff of Baltimore
city; even if it did, the proof was that the Juror
had not served the three weeks as related in that
act. He had only served sixteen DAYS. The Court
therefore ruled the juror competent
Mr. kenly then said he would put his objection
IN writing and file it as part of the record of pro-
ceedings in this cause.
| The Court made no objection
by the defence.
D. Aldridge, jr., ditto
Richard Fonder, not having formed an opinion
and not being opposed to capital punishment was
selected as juror. "'''
Joseph w. Jenkins, challenged peremptorily.
Charles j. aker said he had not formed such an
opinion as would prevent him from giving the pris-
oner fair trial.
Mr.. kenly thought the Juror incompetent,
as he had formed an opinion.
The gentleman was examined by the Judge who
stated that the juror was competent Challenged
peremptorily.
James NJ. Anderson, William H. Travers Felix
McCurley, George Evans and C. Morton Stewart
were challenged peremptorily.
Jesse hay was opposed to capital punishment
Cnaiienged lor cause by State.
Ihos. Pearce and Henry NJ. Warfield were both
challenged peremptorily.
Robert X. Ross was opposed to capital punish
ment Challenged for cause by State.
The clerk here announced that the regular panel
of jurors was exhausted
The Court then directed the Sheriff to summon
twenty talesmen, and took recess for half an
hour
At half-past one o'clock the Court re-assembled,
and the clerk proceeded to call the names of the
talesmen summoned
Nathan I. Dushane having formed no opinion
ana not being opposed to capital punishment, was
selected Juror.
Joshua Vansant challenged peremptorily.
Sylvester Sanner and Durus Carter were both Sc
| lected as Jurors.
| Samuel Guest laboring under severe cold. was
| excused by the Court
Richard Sands,-this juror on being asked if he
held any offices under the General or State Govern
Ien', salu lie ulu not; tnat ne was high private.
he had formed an opinion and was challenged for
cause
William Wallace, challenged peremptorily.
Moan Walker, was opposed to capital punish
ment.
Samuel Slater said he did not recollect having
| formed an opinion.
Mr.. Kenly, said he objected to the juror, without
challenging him.
The Court thought the Juror competent
lie was then challenged peremptorlly.
The Clerk here said, that the defence had exhaust
ed its challenges.
James Lppincott and George Hyland were both
selected as jurors.
Samuel Hurlbut had formed an opinion.
Charles Fndley asked the Court to excuse him,
as he had made business engagement to be in
New York on w Wednesday,
The Court declined to excuse him. He was Sc
ected Juror.
Samuel Ayres do.
The tales of twenty at this period exhaust
ed; hve OF those who were summoned did not ap-
pear, and the Court issued attachments against
them, and ordered the Sheriff to summon ten ad-
ditonal talesmen.
When the Sheriff made his return, VIM. Simms
was called, who wished to be excused The Court
refused to excuse him, and he was selected as a
juror. Benjamin II. Elcott and Robert Reman
were both selected as jurors
This completed the special panel The jury con-
sists of the following gentlemen
John ii. Ellicott, Richard Fonder, Nathan 7. Du-
shane, Sylvester Sanner, Durus Carter, James Lip
pincott, George Hyland, Charles Findley Samuel
Ayres, William Smms, Benjamin H. Ellicott,
Robert Rieman.
The Court said it would not swear the Jury at this
time, but would allow them to separate and return
to their homes until ten O'Clock in the morning
Thn Inpyr ua no,,fin h,r4 -,