The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-11-22
Ia " iNTELLMENTE.


Milton Whitney, Esq, States Attorney, prosecut-
ing.
The following occupied yesterday;
The case of George Burke and Thomas Eaton
charged with the murder of William Taylor, was
called, when Mr.. Kraft, counsel for the defence.
stated he was not ready to proceed to trial He
said that when the case was fixed for trial he had
informed the Court that it was most likely that
other counsel would be employed with him for the
defence. The friends Of the parties had since then
spoken to Mr.. Gellott and that gentleman had con-
sented to 90 into the case but at present he was in
Hartford county; and on this account he (Kraft)
did not feel authorized to commence the case with
out his presence. lie considered this legal excuse
Tor its postpQnement.
The Court did not know whether this was a LEGAL
excuse or not; Mr.. Yeott might have gone to
Hartford merely for the sake of nnt appearing in
Court; if, however, Mr.. Yelott was irving case
there, it was a legal excuse.
Mr.. Kraft replied that Mr.. Yellott was engaged
in trying case in Hartford county.
The Court asked Mr. Whitney if there was apv
other case which could be taken up.
Mr.. hitney said there was no other business fixed
for this week-the State was ready to 90 to trial,
all the witnesses were present
Mr.. Kraft remarked that even if the case was Ia
ken up, it could not be got through with by Thanks
giving day. there were good many Witnesses to
be examined.
Mr.. Whitney thought that two sessions a day
would finish it by that time.
The Court said, Yes and all night too" and
inquired how many witnesses were summoned in
the case.
The Clerk said ten for the State and about TWEEN
ty for the defence.
The Courtwas of opinion that if the case was com
menced this week, it could not be got through with
before Thanksgiving day, and then the Jury would
have to be locked up during the whole of that dav
which the Court desired to avoid. The Court would
therefore postpone the case until next Monday
Mr.. Whitney said the case of the Coulsons was
fixed for next Monday; would the Court order the
case OF Burke and Eaton to take precedence of
CoulsOns case?
Judge Stump replied that it woul,l; and informed
Mr.. Kraft that he must be ready IT, 90 on then
He said that he would not have postponed it, but
that Thanksgiving day happened on THURSDAY and
1t would interfere with the trial.
The witnesses We're then discharged until next
Monday.
In the of Edward Roach and John Kilroy,
charged with an assault upon Alonzo Welch with
intent to kill, bail fixed at 81 900 in each case
but not given.
The Court adjourned until this morning at 10
o'clock.
SUPERIOR CoURT.-Hon Robert n. Martin, Special
Judge. The following occupied yesterday:
Charles Butler, Sur. of Nathan Rogers u.s. the
Merchants Mutual Insurance Company of Balti-
more Before reported. Verdict for plaintiff for
| Sc, 200.
| Same the Augusta Insurance and Banking
Company. Before reported Verdict for plaintiff
| Sl0,540.
In the matter of the contested election case for
the Sherfalty Mr.. Schley stated to the Court that
ne was not fully prepared now to discuss the dues
tlon arising in the issue; but the law required
that the Sheriff should be sworn in within so davs
after the election, Mr.. DuttHn would qualify before
! the Court Wednesday.
Mr.. Lowe, the Court Clerk, called the attention
of Mr.: Schey to the Act of 1854 which stated that
the Sheriff should qualify within 30 DAYS after he
had received the commission.
Mr.. W ais said he was not ready to go into the
case to-day yesterday it was only few minutes
before he came into Court that he was apprised
by Mr.. Schley Of the legal points he was about to
discuss; but if it suited the convenience of the
Court, he would be ready to argue on the day fol-
lowing (Tuesday.) He said the fact of Mr. Dutton
qualifying, could not affect the question at issue
and consequently, he had no objections to make to
such course The claimant had thirty days after
the receipt OF the commission in which he could
qualify, and he did not see what would be gained
by taking the oath Wednesday.
Judge Martin said he would leave the matter en-
tire with the counsel to arrange; he would prefer
however, that the matter should be argued on a
Saturday, as there jury present then, and
| it would facilitate the business Of the Court
Elisha Warford Joseph Cain, Richard Cain. John
Cain of Gershom, John Cain of Daniel, Mary Le-
rev and Daniel Lerew her husband, Ann Hudnott
and Samuel HudnOtt's Lessee Us. Richard Colvin
otherwise called Richard Colvin Warford An ac-
ton of ejectment, under the will of the late Rachel
COlvin.
G. l.. & H. R. Dulaney VIM. Price and VIM.
H. Norris for plaintiffs.
Schley, Reverday Johnson Brown & Brune and
Reverdy johnson, Jr., for defendants.
On trial.
Assignment for to-day 34l to 363
CIRCUIT Court FOR BALTIMORE CrY-Hon. VIM.
George Krebs, Judge. TIE following occupied
yesterday:
Robert Moore ct al u.s. Samuel Herman ct al
Opinion of Court filed in favor of passing decree
setting aside deed of trust, made by Herman to
o. F. Hack
Belinda Swami Benjamin F. Swami. Decree
passed divorcing complainant and defendant a vin-
culo mGtrimoni ID. D. Gill for complainant.
John G. Adams, and John C. Street and WIFE
Petition for allowance of claim out of money in the
hands of trustees. Argued by J. C. King for COM
plainant and Blackburn and Magruder for respon-
dents. Petition dismissed.
COURT OF COMMON PLEAs.-Hon. William L. Mar
shall, Judge. The following occupied Yesterday:
William B. Dobbin and H. Warfield rs H. F.
Fooks. An appeal from Justice Ridgely. judy
ment reversed. Judgment for appellee for $40 A.
UNITED STATES CGRcUIr CoURT.-Hon. Wm. Fell
Giles, Judge.
The following occupied yesterday:
Isaac Singer and Edward Clark Us. William s.
Walmesley. An action to recover damages for an
alleged infringement of patent for a sewing ma
chine. Before reported. John H. B. Latrobe for
complainant Brown and Brune for defendant
In consequence of the illness OF the mother
of Mr.. Whiting, of Boston, one of thu counsel for
defendants, the case postponed until the first
Monday Of January next.
The Equity docket will be taken up this morning
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