The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-01-28

and from the Criminal Court of
PETER CoRRTE. Baltimore.
The prisoner Peter Corrie, to whom the Court
granted separate trial, upon the indictment refer
red to in said proceedings; and against whom, upon
said indictment, hath been recorded a verdict of
murder an the first degree, respectfully prays the
Court to grant him new trial, for the following
reasons
First Because the verdict is contrary to law
Second. Because he has not been tried by an 'm-
partial jury" the decision of the Court notwith-
standing objection made at the time by the pris
oner, allowing men to be sworn as jurors to try
him, who, upon being upon their Uoir dire,
admitted that they had formed and expressed opin-
ions as to his (the prisoners) guilt innocence.
Ihlrd. Because man was sworn a Juror to
try him, who, upon beng sworn upon his roir dire
and interrogated as to whether he had formed and
expressed an opinion of the guilt or innocence of
the prisoner, avowed that he had formed and ex-
pressed such opinion, and that he entertained, at
the tame achcn he and 1nterrogaed, the
opinion he had previously formed and expressed
FouTh Because he was not found guilty of naur-
der IN the first degree by the Unanimous consent of
the jury who rendered the verdict recorded against
him; of said Jurors declaring in open Court
and the time of pronouncing his verdict that he
felt constrained to do he did, and believed that in
so doing the prisoners life would be saved.
Fyh Because of the incompetency and partiali-
ty of two of the jurors who tried said cause; one
OF whom used and uttered expressions adverse to the
prisoner, and the other of whom said ''if he were
on the jury that tried him he would hang the pris-
oner-that the prisoner ought to be hung"
Slch. Because one of the jurors who tried said
cause, subsequently to being and charged with
the prisoner, Notwithstanding he and his fellow
jurors were solemnly warned by the Court to hold
no communication of any kind whatever with any
person whatever except his fellow jurors, and un-
der proper circumstances with the bailifis having
charge of said jury did on Tuesday, the fourth day
of said trial, to wit, on the 18th day of January,
1859, frame and write certain letter in the words
and figures following, that is to say:
IS Jan. 1858.
''MR. GITTINGs-Sr: We was analizing some of
the evidence produced in this case, d | said that
there evidence to this affect, that is, that when
Correr crops came up to where the Welch,s
Stood that of them said, rs they aoas leaving
that some of you will get murder in the first de-
gre tonight there some of the jurors say there
was no such evidence giving. Now | wish you to
have the witness recalled, for if | am rong want
to be corrected, Il if am right l want the 9th
ers corrected, For there is great responsibility
resting upon me, Il | am determined to do what
believe to be right at all hazards,
Yours veg respectfully
JACOB SHOCK"
ar. Cuttings, Pres"
And did without the knowledge, consent or ap-
probation of the Court, the counsel for the
prosecution, or the counsel for the prso-
ner, and out of the presence of the prisoner
and his counsel, hand said letter or writing
to Richard j. Cuttings, Esquire the States attor-
ney, who he discovered the contents
thereof, handed the same to his Honor Judge Price
in the presence of VIM. p. Preston, ESQ.,, the
prisoners COUNSEL that at the time when said letter
was, as aforesaid written and handed to the States
attorney, no witness for the defence had been
sworn or examined; also, that the said Juror after
said cause had been argued and given to the Jury,
but before the Jury had concluded upon any YER
dict thereon, did inscribe in conspicuous letters
upon partition or wal Of the court house, within
which said cause was tried the following inscriptions
"Jury 10 cked up on Peter Corrier case for murder
of officer Rigdon in Baltimore. The jury now
n fnr hpSt Il fn.g doc
JACOB SHOCK"
Serenh. Because of illegal and improper commu-
nication between one of the jurors sworn to try
said cause and person in no way connected with
said jury-which illegal and improper communica-
ton took place without the knowled of the Court,
the States Attorney, the Counsel for the prisoner
and the bailis having charge of said jury, and out
of the presence and hearing of the Court, the
States Attorney, the Counsel for the prisoner, the
bailis having charge of said jury and the prisoner
himsef-said illegal and improper communication
having taken place subsequently, to said jury hav
ing been charged therein and during the period of
time occupied in the trial of said cause.
Eighth. Because of evidence discovered since the
trial. establishing fact unknown to the prisoner at
the time of swearing said jury to wt-the fact that
one of said jurors is at time unfortunately subject
to alienation OF mind or paroxysms of temporary in
sanity.
Ninth. Because the jury after they were sworn in
the cause did not continue together by the Court
they were ordered to do, but out of the presence
and hearing of the Court the counsel for the prose
cution, the prisoners counsel, and the prisoner,
were separate and apart. WIN. p. Preston,
Counsel for Peter Corrie.
Court OF APPEALS OF MARYLAND.-DEC Term
lS5S.-ANNAPoLIs, Jan. 27, lS59.-No. 80. Phillip
Bandel as. James w. Isaac, appeal from the Court
OF Common Pleas, was further argued and concu
ded by Jervis Spencer for the appellant
No. ia. Elijah Carey and Thos. ii. Carey rs.
Thos. Dennis and wife, Peter l.. Davis and wife
Jos. Carey and Others appeal from the Circuit
Court for Worcester county as Court of Equity.
Justice Barto delivered the opinion of this Court
affirming the decree appealed from without costs in
this court.
No. 35. William Peters as. Geo. B. League and
Elisha Winn, appeal from the Circuit Court for
Baltimore City, was agued by T. Yates Walsh for
the appellant
No. SO. John C. Bridges and Hiram Woods Us.
Catharine Mckenna, by her next friend Owen Nc
Kenna, appeal from the Circuit Court of Baltimore
City. The argument of this case was commenced
by .. Horwitz for the appellants
DAY, Jan. 26, ls59.-No. 55. Charles Belcher d
Co., plaintiffs in error, George A. Lawrason,
Collector of the port of New Orleans. The argu-
ment of this continued by Mr.. Benjamin
for the plaintiffs in error by Mr.. Attorney General
Black for the defendant in error, and concluded by
Mr.. Reverdy johnson for the plaintiffs in error.
the City Bank of Columbus. The argument of this
cause was commenced by Mr.. Attorney General
Black for the plaintiffs in error and continued by
Mr.. Stanbery for the defendant in error.
Adjourned until tomorrow, ii o'clock.