The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-03-09
La w NTELLIGENCE.

CRIMINAL CoURr.-Hon. Henry Stump, Judge
Milton Whitney Esq, States Attorney, prosecu-
ting.
The Court was engaged in the following business
yesterday:
State u.s. William Thetford alias Hoppie and Will
liam Baker, indicted for the larceny the 26th of
March last of 400 bank notes of the denominati on
OF So, 300 bank notes of the denomination of So
10 bank notes of the denomination of $50 and 10
bank notes Of the denomination of $780, the whole
amounting to the sum of SIS 200. The money was
stolen from the Farmers and Planters Bank, and
was the property of Enoch Pratt and another. (The
package stolen is said to have contained $40 900. J
After the reading of the indictment by the clerk,
the prisoners pleaded not guilty.
William +. Preston, Esq, appears for the prison
Mr.. Preston moved the Court to order the names
of the witnesses for the State and defence to be
called, and to request all to leave the Court room
except those under examination.
Mr.. Whitney had objection, and the Court
said it would so direct after the jury was sworn.
The empanelling of the Jury then commenced
each juror questioned on his roir dire as to
whether he had formed expressed opinion
about the guilt or innocence OF the traverSers.
There were only five jurors selected from the
regular panel when the Court directed the Sheriff
to summon thirty-tive talesmen, and took recess
until IL O'clock.
Upon the assembling of the Court at that hour
the Clerk proceeded to call the Of the tales
men summoned. Out of the number summoned
five more jurors were selected, when the Court or
dered the Sheriff to bring in fifteen more talesmen
and took a recess for fifteen minutes.
At the expiration of this time Mr.. Whitney came
IN and said: "May it please the Court, desire a
man named John Graham to be brought into
Court"
Court.--"What do YOU want with him?"
Mr.. Whitney.-''I will state that, when he comes
in"
An officer left the court room and soon returned
in company with Graham, who stepped up in front
of the Judge.
Mr. w hitnev -uyour Honor comnloints how.
been made to me, by witnesses summoned here or
the part of the State, that Graham has been talk
ing with them in an improper manner, in measure
tampering with them. | desire the Court now tC
take cOgniZance of the NATTER
Court.-"Mr. Graham, have you talked with any
OF the witnesses summoned here, in regard to this
| case, in an improper manner? Answer promptly
or the Court will be under the necessity of sending
| you to jail"
Graham.-'1 have talked with gentleman who
is on the Jury; don't recollect of talking to any
! the witnesses"
| Mr.. Whtney.-"Have you not talked here to-
| day with States witness named Smith,"
Graham.-''l don't recoect of having said any
thing of this to him.
Mr.. Wbitney.-"Call Smith-come up here Smith
Has Graham been talking to you to-day abou
| this case?'
Mr.. Preston.-"May it please the Court, obiec
to this proceeding here now, in the presence of thu
jury know not what it will result in, but if ther
is to be investigation of this kind gone into i
may perhaps have an unfavorable influence th
minds of the jurors here towards my clients. hop
the Court will allow the jury to retire from tn
Courtroom for the present"
The Court desired the jurors to retire into th
clerks office.
Mr.. Wbitney-"NowS Smith, answer my question
has Graham been talking to you, about this cas-
| to-day"
Mr.. Smith-'Yes sir, he talked with me-"
Court-"Well, what did he say, did he threate
you in any way?''
Mr.. Smth-'He said would get good charat
ter il went on the stand to testify for the State
he said, Mr.. Preston would tear my character a
to pieces; and that he would post Mr.. Preston abou
me-"
Mr.. Whitney-"Mr. Reed please step here yo
are witness for the State, believe; has Grahar
talked to you to-day, about this case?"
Mr.. Reed-"Several persons have talked to m
about it; Graham has also, he wanted to know wha
the Bank was going to give me for testifying;
considered ; it said tho though in jocular way"
meaning of this kind of conversation, and if
amounts to anything"
, Court-''Graham seems only to have referred
the witness character, he did not use an,
threats"
Mr.. Preston.-'Well sir, as to that, of the wi
; ness character not being good, I'll be obliged
any man who will give me any such information
and will subpoena any body who knows anythin
about character. | stand here to do nv duty
my clients, and when find course pursued whic
will in any way injure the issue of their cause,
am bound to protect them and see that no imputi
tion shall be cast upon them calculated in the lea
n to prejudice their cause. | now say to every OF
who hears me, if they know aught about the cha
acter of the witnesses in this prosecution, wou
= feel obliged to them if they would come forwa
and communicate what they know"
Mr.. Whitney.-"May it please the Court"
Court.-"This is all unnecessary"
, Mr.. Whitney.-"But will be heard; there is ]
!, issue between Mr. Preston and myself Mr.. Prest
= does not appear here as Grahams counsel. II
man has been talking in an improper manner wi
the States witnesses, and it is due to the digni
v and honor of this Court and requisite to the pu
: administration of justice, that your Honor tax
# some action in the premises. | desire now to st
+ this thing in its incipiency. 1t is we'll kno,
practice in all Courts, that members of the bart
il sworn officers of the law-abstain from any conv
d saton with witnesses summoned on the oppos
e side; this is a case demanding the interference
ia the Court"
h Court.-"The Court thinks Graham behaved
h an improper manner, but don't think he wanted
,e intimidate any witnesses; if the Court thought
IN it would punish him. (To Graham The Coz
thinks you behaved very wrong, in speaking Il
X way to the witness but thinks you did intend
to ntimidate, if any body would swear that y
talked in that manner for such purpose, the Co,
IN would put you in Jail. You have been an off,
and know better than to behave in this way.