The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-12-05
Ia " INTELLIG ENCE


CRIMINAL CoUar:-Hon. Henry Stump, Judge
Milton Whitney, Esq, States Attorney, prosecu-
ting.
State as. William Coulson and George Coulson,
indicted jointly for the murder of Jonathan B.
ChrOnister, on the 26th of June last.
Coleman Iellott and X. A. McAIlister Esnrs
for the Defence
Upon the opening Of the Court on Saturday. the
states Attorney commenced the opening argument
before the Jury.
Mr.. Whitney explained the principles of law an
plicable to the case, defined what was murder in
the first and second degree, and what was
manSlaughter; and what it was necessary to prove
to constitute the above crimes; he then referred to
the evidence produced and applied it to the law
and asked the Jury to render verdict ACCORDING TO
the testimony brought before them. Mr.. Whitney
concluded at ll12 O'Clock, having occupied one
hour and a half in delivering his arguments
Mr.. Whitney was followed on the part of the de-
fence by Coleman IelIott, Esq.
Mr.. Gellott commenced by SAYING that he had
not perfectly understood the argument of the
States Attorney; whether he onlv asked a verdict
against William Coulson, and abandoned the case
against George, or whether he required verdict
against both
Mr.. Whitney said he would leave it entirely to
the Jury.
Mr.. Yellott began his argument at fifteen min
uteS OF twelve o'clock, and concluded at fifteen min
utes OF three, having occupied three hours in its
delivery.
The theory of the defence was that if GEORGE
Couson had fired the shot which killed Chronister.
he must have done it in Selfdefence as he had been
Knocked to the earth by Chronister who was heat
ing him, and thereby preventing CouIson from
running to wall" as is required bv the law Mr.
elliott cOnten ded that if the Jury did not believe
that George Coulson fired the shot, but that the
pistol was in the hands of William at the time
Chronister was wounded, then it was iustfable
killing, as it was laid down in the text books that
where there were two persons bearing the same re-
ation to each other, existed between George and
i
an assaant was about to commit great bd bodv harfm
upon the other, perhaps to kill him. then he was
JuStha0e IN resisting such assault, even to the
taking of life. 1t was for the jury to determine as
to facts and surrounding circumstances of the case
and calmly considering them, he believed that if
they did not find a verdict of justifable homicide
as to William COulson, they could not by the evi-
dence lind any other verdict tn an that of man.
slaughter.
At one o'clock, whilst Mr.. Yelott was speaking,
the jury desired a recess for few minutes No
response coming from the Bench, all eyes were
turned IN that quarter, and it very evident the
Court was enjoying nap. There was considerable
loud laughter in the courtroom, which could not
be suppressed for some time, although the baiiffs
called vociterousy to order. The Court awoke
in few moments, and ordered a recess of ten min.
utes.
Mr.. Whitney commenced his closing argument on
the part of the State at a quarter before three
o'clock He eloquently answered the propositions
of the defence, and, in concluding asked far ver.
dict according to the Indictment
Mr. Whitney concluded at quarter before four
o'clock
Judge Stump then remarked to the jury hat
they could retire to their room for one hour. and
the Court would meet at quarter before five. |
they had not agreed then, they would have to brine
in their verdict on Monday morning. He said they
could have refreshments, if the counsel consented
Mr.. Whitney and Mr.. Yeott both said they had
no objection to this arrangement.
The Court-''Well, gentlemen, retire to YOU,
room, and come in again in an hour; if you have
not agreed then, you must retire, and the cOunse
will allow you refreshments"
Mr. Whitney-''We settle that, sir, wher
the jury come in. We don't object to their having
refreshments now"
Judge Stump-'Well, gentlemen, retire"
The Court re-assembled at quarter before five
when hailit was sent to the jury-room to enquire
if they had agreed. He soon returned and replieC
that the jury had not agreed and that they stated
that there no likelihood of their agreeing.
The Court then sent messenger to request tht
jury to come down.
In few minutes the jury came in and took thei
seats. Upon being called and asked by the cierl
if they had agreed upon their verdict the forema,
replied-"We have not in full, SIR
Judge Stump.-"What does he sav?'
Mr.. Iellott.-"They say they have not agreed il
full, perhaps they have agreed as to one party
MIR. Whitney.-''lt 1t must be a full verdict, or i
is no verdict at ALL
Mr.. Yeott.-"That is a question for the Court
ito the Judge) they say, sir they have not agreed
ties; suggest that the verdict be taken separate
ly."
Judge Stump-"0h, the Court can't receive an,
verdict in that way;-(to the jury now, gentle
men, you can go and bring in your verdict on Mon
day at ii o clock the counsel have consented tha
you should have refreshments. BY the common law
jury were to be kept without ights or fuel drinl
or meat, although don't approve of such practice
still the Court could not allow you refreshment
| without consent of counsel You can therefore %
to your hotel and remain until Monday morning .
Mr.. Whitney, Sharply ID don't consent tc
that. don't consent to their going to a hotel
wish the Court to distinctly understand that"
Judge Stump.-"Why, you both consented whe,
| the jury went out"
Mr.. Yellott.-"He consented that they shouI
have refreshments until o'clock; we did not agre
| to anything subsequent to that time"
! Mr.. Whitney-'I suggest that if the Jury arre
any time this evening, the Court meet them; sa
| by nine O'clock"
| Judge Stump.-"Or twelve O'Clock! Gentlemen
| you can come In on Monday morning at ii O'Clock
| Foreman.-''1 \ our Honor, we are very anyious +
| get home to our families. If we should agree tC
night, would you not take our verdict on Sunda
morning?"
The Court said it would not receive the yerdic
on Sunday.
Mr.. Whitney.-"Verdict have been taken O.
| Sunday"
The Court repeated that it would not reeeiv
| the verdict on Sunday, and said to the Jury tina
| council had agreed that they should have rsfrnsI
/
Mr. 1ellott.-" May it please the Court -"
| Judge Stump, that and cane in hand, )-s.Wbat?
| Mr.. lellott-"I was about to make a motion
| SIR
Judge Stump.-'Well, II. hear it after the yer
| dict-Adjourn the Court until Monday at eeve
| oclock''
! The Judge then left the courtroom. The jury
in charge of the bafs, were taken to their quarter
| at SherwOod's
CIRCUIT Court FOR BALTIMORE CIrY.-Hon. VIM
| George Krebs, Judge.
THE DISPUTED CLEREsnIP
! In this Court on Saturday the Hon. Reverb,
| johnson and Charles F. Mayer, Esq appeared
| and on behalf of VIM. II. II. Turner ESQ. file,
| the following petition
| To the Hon. Wp. George Krebs
| Judge Of the Circuit Court for Baltimore City.
The petition of William H. H. Turner respectfully shows
That your petitioner in October in the wear ls59
duly elected Clerk of Court the Cireut Court 70
in all respects qualified and became entitled To serve
CLERK aforesaid and has SINCE Served and acted
such Clerk, until the commission the trespass ON hi
ohc OF which your petitioner informs your honor
able Court And your petitioner now states that
day, the first day of December 1859 certain Thomas
Gather, in the temporary absence of your net;tope
rom rom the apartment wherein he kept his sal
| ohce, and where deposited the papers record
ana books and the seal Of and belonging to YOUR honor
able Court entered the said apartment attended by
era persons with him. apparently for sustaining him b.
personal violence in his trespas and usurpaton and tool
lesesson against the will of the deputy Clerks of you
petitioner OF the dockets of your Court and claimed to
then IN possession of said apartment and of said Office
anu OF all the records, papers and books therein AM
tereo ana OF all thereto appertanng and claimed thu
right and did presume of the said
all persons whom he thought proper exclude from sal,
once apartment and put said dockets in possession of
person attending him, and aiding him in his said act
laWess ntruson but petitioner that he tn
said Gather proceeded summae his said intrusion
anu entrey dspossessed Of sadoce apartment and of