The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-02-10

TowsoNTowN, Feb. 8, 1859.
CIRCUIT CoUET FOR BALTIMORE CoUNTY-Before
ting for the State.
The jury in the case of John Wiseman, tried YES
terday for the murder of John t. Farlow came in
Court this morning, after absence of seventeen
hours, with verdict of mot guilty of murder but
guilty of manslaughter'
VIM. Walker, found guilty on Monday last for
the larceny of morocco skins, and also for obtain
ing money under false pretenses was this morning
sentenced by the Court to six years and six months
Imprisonment in the penitentiary.
The Court announced to Mr.. Preston that the ar
gument in Corries case would be heard.
MIR. Preston then arose and said he only desired
to argue the case in way that would be accepta-
BILE to the Court as Judge and as a man. He
| always looked upon the guilt of Corrie as merely
speculative This is not free from difficulty and
new trial should be granted the unfortunate man.
Humanity Is the foundation of law. and Judge Coke
in his decisions has coupled the laws of man with
those of God He referred to the two thieves cruel
fled with Christ-one of which was hardened of
heart and the other penitent; that JUDGE, before
whom we shall all have to appear, turned to the one
and said, ''this day thou shalt be in Paradise''-
With these preliminary remarks he then proceeded
to read the motion and afidavts filed by the pris-
oner for new trial. THESE affidavits and the
motion have been published heretofore
Mr.. Preston then said he would base the motion
on live reasons, viz First because one of the iu-
rors was incompetent by of his age; second,
the verdict was not the unanimous verdict of the
because SCIne OF the Jurors held illegal
communication outside of the jury; fourth, that
the jury separated; fifth that the jury was not an
impartial jury.
Mr.. Preston then proceeded to argue the motion,
and took up the first reason, viz: that Mr. Merce-
ron one of the Jurors, was seventy-one years of
age, and referred to the 18th statute of Edward
the First of England, which provides that man
over the age OF seventy years is not competent to
SIT in cause where his fellow mans life is in
jeopardy.
In regard to the note written in the jury room by
Jacob Shock, and addressed to the States Attorney
asking for certain witnesses to be recalled to the
stand to retestify, Mr.. Preston cited the case of
Nancy Farrer, convicted in Ohio, in 1853, for the
murder of James W. Forrest, by administering
poison and the jury in that obtained a news
paper IN which was reported the Judges charge to
the jury, and they were heard reading that report
and conyersing with persons outside of the Jury
room, although they did not speak to the issue of
the trial, Judge Cowan granted a new trial. Mr.
Preston spoke at length this point and with due
difference to his Honor, contended that sending pa
per out OF the jury room whether written or printed
was the same as sending in, and asked his honor
not to set the precedent, lest it might be taken ad
vantage of by more intelligent jurors than Mr.
Shock. The main point, however, relied upon, was
that two OF the jurors, Messrs Aquilla Galloway
and Jacob Shock, were seen separate and alone
from their fellow jurors. Mr.. Galloway for holding
secret conversation with young from his
home; and Mr.. Shock, while in the charge of the
6allfs, having stolen away and visited Mrs. NJ. A.
Shealey's store, and when interrogated why he did
SO, did not give good and sufficient reason for so
doing.
Mr. Preston spoke from II to o'clock, and with
out the States officer replying the following case
was taken up:
State Us. VIM F. Ports indicted for collecting
water rents due the Mayor and City Council of Bal
tmore, alleged to have been committed on the 3lst
day of December, 1857.
This party tried in 1858 in this court and
found guilty, new trial was asked for and grant
ed, and the party placed ON trial again, when the
following evidence was elcited:l
The defence admitted that no person except Mr..
Tanner was at the time authorized to collect water
rents in the city.
Mrs. McNally testified that the prisoner came to
her house and demanded of her the payment of the
water rent under threat that if the demand was
not complied WITH he would cut the water off; that
she paid him the amount, and was subsequently ta-
ken to the water office to recognize the prisoner,
which she did Immediately. Her testimony was
corroborated by that of her husband, and BY a
boarder in the house named Murray.
The defence introduced a number of witnesses to
prove an atibi, and the was given to the jury
without argument under instructions to return a
sealed veruict.
Court adjourned at o'clock until tomorrow
morning at 10, when the States officer will resist
the motion argued by Mr.. Preston in Corrie's case
to-day.
[Sheriff Hook took VIM. H. Jones, indicted for
the murder of Hugh Morgan, to Howard county
Jail to-day