The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-09-26
Ia w fNTELLTENCE.


CRIMINAL CoURr.-Hon. Henry Stump, Judge
Milton Whitney, Esq, States Attorney, prosecu
ting, assisted by j. Douglas Hambleton, Esq.
Inc following case was continued on Saturday:
State Us. William Russell and Susan his wife, in
dicted for cruelty treating their child. Jas Russo
SIX years OF age, by beating him and depriving him
OF necessary food. MN
Hoblitzel and Roach for the Defence
DR.. ODonnell was called for the State, and tosti
fed that he had been requested to visit the chilli t
the house of police officer GOsnell; that he exa;
! ed it minutelv; found the heart and lungs sound.
! there was slight arrangement of the stomach in
dicative of dyspepsia, this in his opinion was
! by general debility and weakness; the Child wos
very pale and emaciated; found it SUFFERING nndar
no organic disease; prescribed nourishing diet and
exercise in the open air. ''
Cross-examined.-This condition of the cb;Id
might have been caused by giving it too mucb "a
or too little food by an improper mode of apnIv
ing IT. did not come to the conclusion positivnI1 -
the time, that starvation the cause of tba con
dltlon OF the child, enquired about the former
treatment of the child and prescribed for II. did
not prescribe medicine. ~
Mrs. Gray testified that she lived no,,t DO. l..
Mrs Russell; saw the father whip the child oroo
up and down the yard; frequently heard tbe
mother whipping it; the child was verv male and
emaciated. ' P'0 an"
Mrs. Sites testified that she lived f,n d..
below Mrs Russell; the child has been to her ooto
and asked for bread; gave it bread once hnt hoo I'd
afterwards that Mrs. Russell would ipiure her for
uolllS soj Tue cIllu was very thin and weak
as II 1t was starved; the father whn tba cLiIJ
up and down the yard with n stran. this wos
aDout two weeks before the child was before the
Mayor ~ '''oi0 'ue
Deputy Marshal Manly, testified that he saw the
enid at the Mayors office; never in his life saw a
enid IN that condition before, weak pale and ema-
GATED; the child was given into the charge of Mrs
Gosnell, by request of the Mayor
The State here closed except to rebut
The defence called
Or. Milton N. TAYLOR, who testified that he has
attended the Russell family for two or three vear
mas seen all the children in the house; was sent for
70 see ths chld last spring and prescribed for it:
IL was very much emaciated, caused bv pneuuonin
prescribed medicines Mrs Russell sent for me she
sad therc was falling off in the child and as there
naa been death in the family; she wanted pbv
siclan SO that nothing could be said outside about
the child being treated badly if this one shoud dio
only prescribed once for the child when at Mrs
KusSell,s; thought she treated her children in q
motherly manner "
=, Inc defence proposed to ask the witness in rela
ton to the circumstances attending the death of
another child but the Court objected and said tbey
must conhne themselves to the charge as laid in the
present indictment " VIZ
ANNE Rye daughter of Mrs. Russell by former
husoand) testified that she had lived in the hopsa
with Mr. and Mrs. Russell for the past three wears.
tnat the boy Jimmy was fed as well as the other
chldren; that he always was well clad; he always
cried IN the night to sleep with his faher has seen
the father whip the child with strap; never saw,
the mother whip him ~"
Edward Rye and Henry Rye, brothers of the last
witness, both testified that Jimmy was fed as well
as they WERE they all got plenty to eat Jimmy
slept with them and would always crv for his father
Henry Russell, brother of the accused testified
that he had the child at his own house from II
ociock on one day until o'clock the following.
InaC ne ea' dinner there, hearty dinner and
shortiy afterwards went out and asked for bread
TINS was the day before the child was at the Nav
orS Office; the child slept with him one niqbt and
was very restless.
The evidence on both sides being concluded the
defence proposed to submit the case without arru
ment. - . -
After some conversation between Mr.. Whitney
and the judge the State agreed to the proposition
and the indictment was handed To thn iury ,rbn
retired. ~
After an absence of ten minutes the Jury re-
turned and rendered verdict of guilty as to both
the traversers.
The counsel for the defence gave notice of their
intention to file motion for new trial
Mr.. Whitney asked what disposition the Court
would make of the child, he would inform the Court
that under the circumstances the Directors of the
House of Refuge would receive him and take
good care OF him until such time he could be ap-
prenticed. ~
The Court requested Mr. Gosnell to take care of
the boy until the motion pending was disposed of.
The Court at O'Clock adjourned until this morn
ing at IL o'clock.
SUPERIOR CoURT.-Hon. u. Collins Lee. JUDGE.
The following occupied Saturday:
Mrs. Johanna Brantmuller was brought into
Court upon writ of habeas corpus, sued out by w.
H. Gleason Esq, her counsel. Mrs BrantmulIer
was tried in the Criminal Court, on the charge of
her son, child about years old. She
was acquitted on the ground of insanity and order
ed to be confined in the Mount Hope Hospital until
such time, as she would become sane
The evidence before the Court established the
act, that she had entirely recovered her mind and
had been rational for the past three or four months
She was accordingly discharged by order of the
Court '"'
Assignment for to-day - to 80.
UNITED STATES DIsrRICr CouGr.-Hon. William
Fell Giles, Judge. The following occupied Satur
day:
Thomas Hoopers Executors as. Jas. II. Stewart.
libel to recover for materials furnished several
vessels. On trial. William s. Waters. ESQ. for
ibeiiant, and Jervis Spencer Esq. for respondent.
Court OF COMMON PLEAs.-Hon William l.. Mar
'hall, Judge. The following occupied Saturday.
Mary Z. Dashiell as. F. T. Gallagher an appeal
rom Justice Mckinley. Judgment reversed.
Charles F. Marrow rs. Ezekiel Scarborough. an
appeal from Justice Carl. Judgment affirmed.
James Dorsey u.s. W. j. Bowen, agent; an appeal
rom Justice Shipley. Judgment reversed
Edward Graham Us. Andrew Kenney; an appeal
rom Justice Carl. Judgment reversed.
james Donnelly James McGraw; an appeal
rom Justice Morrison. Judgment reversed.
Hesteln d Oettinger u.s. John Montiverde; an ap- |
peal from Justice Spies Judgment of non pros as
rs to Oettinger, and judgment affirmed as to He'll
tein.
Assignment for to-day from l to co on the post
1Oned docket.