The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-06-16
La w LNTELLIGENCE.

CRIMINAL CoURT.-Hon. Henry Stump, Judoe.
Milton Whitney, Esq, Attorney for the State pro-
scouting. The following business occupied vester-
| day:
State Us. John Clark, indicted on the charge of
selling Foreign Lottery tickets. Messrs John Mel
son, D. Mason Campbell and T. NJ. Lanahan for the
defence. "
}. Mason Campbell, ESQ.,, continued his argument
for the defence in the above case: He Thought the
State II 1t had any case at all should point out at
once the enactment covering the question at issue
and not go over all Legislative Acts and torture their
meaning in such way as to endeavor to make them
applicable here. Mr.. Campbell argued at Ienpth
upon the law bearing upon the different counts of
the indictment and took the same ground as Mr.
Lanahan, who spoke at the opening of the case,and
contended that there no Act to sustain the
charge against the traverser.
tie was followed on the side by the Hon.
John Nelson, who, after briefly going over the arou
ments of his colleagues, referred to that count in
the Indictment which charges the traverser with
violating the 9Th section of the 7th article of the
new Constitution, which prohibits the sale of lotte-
| ry tickets in the State, after the 1st of April
| 1859. This was the first case in his knowledne
where an indictment had been framed upon a mere
constitutional declaration If the indictment had
oeen framed upon statutory prohibition the
would be different. Mr. Nelson then argued that
the trainers of the Constitution not having provided
any penalty for the violation of the section intend
ed that the Legislature should pass such acts as
would Tx penalty for vio alton of the said sec
ton OF the Constitution, and that the Legislature
falling to do this, the indictment did not hold good
and Judgment should be given for the traverser.
Mr.. Whitney, for the State, replied to the
arguments of the counsel for the defence
He contended that the acts OF lS4Gl47 were
still in force notwithstanding the extnguishment
OF the office of Lottery Commissioner and argued
that the violation of the act of 1S47 was now sub
lect of indictment without the nterposition of anv
Lottery Commissioner. He then reviewed the posi-
ton taken by the counsel the other side in rela
ton to the section of the Constitution forbiddinp
the sale OF lottery tickets. He said that section
contained an absolute prohibition upon its face
IT. upon an act of the Assembly, making a prohibi-
ton and not fixing penalty, Indictment could be
framed at common law, why not frame an indict-
ment upon section of the organic law of
the State? If this could not be done, the
creature would be placed above the creator
He then referred to the intention of the trainers
of the Constitution in abolishing the lottery system
and contended that when they adopted this section
they intended to drive all lottery schemes and tick
cts from the State. 1t could hardly be supposed
that the trainers of the Constitution merely wished
to prohibit the sale of Maryland Lottery tickets
from which they were receiving some sixty or sew
enty thousand dollars annually, and allow the State
to be flooded by foreign tickets, from which the
State could receive revenue. He argued
that the reason why there was no penalty
included in the section of the Constitution re-
ferred to, was because the act of lS47 was already
in force, and the penalty was attached to those
acts.
Mr.. Whitney ably argued all The points of law
bearing upon the case and concluded about o'clock
The Court then adjourned until this morning at
10 O'Clock.
CoURT OF COMMON PLEAs-Hon. William L. Mar
shall, Judge. The following occupied the Court
yesterday:
George W. Steinmetz u.s. Francis Ruck. An
appeal from Justice Byers. Judgment reversed.
William o. Eichelberger Preston A. Ames-
Verdict for plaintiff for S3ll67.
UNITED STATES DISTRICT CoURT-Hon. William
Fell Giles, Judge. William Meade Addison, United
States District Attorney, prosecuting. The fol-
lowing business occupied the Court yesterday:
The United States as. Henry Ennis, John Dorsey
John Scarborough, Wesley Braiu alias Wesley
Ryan, lnegroes, indicted for smuggling sugar and
other articles on board the schooner Mohawk
The evidence has been published heretofore. jury
out. William Pinkney Whyte for the defence
SUPERIOR CoURT.-Hon. z. Collins Lee, Judge
NO business transacted yesterday:
The Court having gone through the trial docket
down to No. 9l0, will, during the remainder of the
Summer term take up any case on the docket
heretofore postponed, without regard to the num-
Der on the docket, and at the commencement of
the next term will begin at No. l and proceed in
order.
Counsel are requested to attend the Court who
have assigned or postponed cases for trial at this