The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-09-30
La w INTELLHENCE

CRIMINAL CoURT.-Hon. Henry Stump, Judge
Milton Whitney, Esq, States Attorney, prosecu-
| ting.
| The following occupied yesterday:
In the case Of the State Us. Frederick Schaffer,
| indicted for assault with intent to kill Adam
Stickel, (tred on Wednesday, the jury came in
and handed sealed verdict to the Court.
Leakin, for the defence, arose and said that before
the verdict, whatever it might be, was recorded
he moved the Court to have the jury polled.
Mr. Whitney thought the prisoner had right
to poll, after the jury had been allowed to sep
| arate.
The Court was of opinion that the jury might
be poled, and ordered the verdict to be announced
| by the Clerk.
your foreman says that Frederick Schaffer, the
prisoner at the bar, is guilty of the matter whereof
he stands indicted, and so say you ALL"
Mr.. Leakin.-"Now sir, desire the jury polled"
The Court.-(To the Clerk )-"Record the yer
dict and call the jury to hearken."
The Clerk then called the jury to hearken to the
verdict as recorded by the Court, which was one of
guilty.
The Court.-'Now poll the jury"
The names of the jurors were called when seven
replied guilty; two not guilty of the first count but
guilty OF common assault; three not guilty
The Court then examined the verdict as present.
ed by the jury, with their names attached and said
| 1T was very unusual proceeding that they should
all sign the verdict of guilty. and when polled five
should say not guilty; it rendered the verdict a
null;ty
Thomas S. Williams, foreman, stated to the Court
that the members Of the jury had maturelv deber-
ated upon the case, and when they had agreed
upon the verdict it signed by all, there not
being dissenting voice The conduct of the other
jurors surprised him.
| Mr.. Whitney again addressed the Court and
contended that the prisoner had no right to poll
the jury after the verdict had been sealed and the
jury allowed to separate. The practice of polling
uries in the several States not uniform and he
thought the prisoner had no legal right to the poll
| Mt nPico had n
right to the poll; if the Court had refused it, the
verdict in this case might have been upset by the
Court OF Appeals, on a writ of error, was
done in FOrd's case, where the jury was polled,
the foreman only answering, "guilty of murder in
the first degree" and the others in response to the
foreman merely saying "guilty." 1t has been the
invariable rule in this State to poll the jury, in
both civil and criminal cases. The consent of the
prisoner to allow the jury to bring in a sealed ver-
diet does not deprive him of the right to poll.
| The Court then desired Mr.. Leakn to read the
decision of the Court of Appeals, in Ford's Case.
Mr.. Leakn did so.
Mr.. Whitney.-'1 consider, sir, that this is no
verdict at all. The Jury must be sent back until
they agree"
The Court.-"They can't be sent back after they
have separated"
Mr.. Whitney-'1 don't consider that the jury
have separated, technically speaking-the record
don't show that they separated-there is no evil
dence of the fact. If they retire, and then come
back with verdict against the traverser, tha
would be ground for a motion for a new trial, to
establish the fact whether the Jury had separated
at ALL"
The Court was of the opinion that the Jury had
separated, according to the rules in the books
Mr.. Whitney.-''Well, sir, what will you do with
this Jury?"
The Court-fDischarge them and remand the
prisoner to jail to be tried again. Put that on re-
cord"
| Mr.. Leakin-'I propose to the Court to discharge
the prisoner on the first count of the Indictment
and enter verdict of guilty on the second COUNT"
| (Simple assault
Mr.. Whitney-'T consent to plea of not guilty
on the first count and guilty on the last count
| The Court-"l will remand the prisoner to Jail
and continue the case to next term.
Mr.. Whitney-"Will you go on and try it now
am ready
The Court would not assent to the proposition and
the case was continued.
The prisoner was sent to Jail, the Court refusing
to take bail.
j. Andrew Fitzpatrick indicted for setting fire to
an unoccupied dwelling house, and for an assault
was admitted to bail in the of So 3OO his father
becoming his bondsman.
John Askew, indicted for the larceny of one axe
the property of John S. Davis, was arraigned and
pleaded guilty. Sentenced to 10 months confine-
ment in the Penitentiary.
John Berry, (negro,) charged with stealing 3s
yards of calico, belonging to Susan Cooper was ar
raigned and pleaded not guilty. Kraft for defence
benjamin Jones, charged with stealing 10 pine
| boards, valued at So, the property of Thomas p.
Stran Il Co., was arragned and pleaded not guilty.
William Hart alias Emmett, charged with steal
ing one coat, valued at 50, belonging to Aza Bur-
nett; and one cape and two hats, valued at rs
cents, belonging to Elizabeth Koler, arraigned
and pleaded not guilty.
Thomas Hoffman and Robert Miller, indicted for
the wiful murder of Hugh d. O'Sullivan, on the
23d of August last, by shooting him with a pistol
IN the back part of the head, were arraigned and