The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-02-17

person should have i'll feeling in his heart against
any particular individual, but that if he was pos
sessed OF disposition to destroy or do harm, the
law looked upon that malice. As if man fires
gun into crowd and kills another although he
had not designed to kill any particular party, vet
the law attributes malice to him, and he is guilty
OF murder in the first degree. Now the Jury in
this case after hearing the evidence and BEING the
judges of the law brought in their verdict accord
ing to their judgments, although they had asked
the opinion of the Court certain points of law,
and the Court had given it to them; therefore, the
Court would not Interfere with their verdict.
The Court no legal grounds here to upset
the verdict; if the Jury had returned verdict of
murder in the second degree, the Court would have
been satisfied. The Court would liked to have
granted new trial. if it could have done so with
out breaking into fixed principle of law. The
Court therefore overrules the motions for a new
trial and in arrest of Judgment
Hereafter the Court desires that all cases shall
be argued before the jury. 1t was the desire of
the Court that this case should have been so ar
gued, but the counsel thought proper to stbmit il
without any argument All that has been here re-
hearsed before the Court should have been done be-
lore the Jury. The Court is willing to perform its
duty as far as it lies in its power, and take what
responsibility is properly thrown upon it.
Thomas Connery, charged with the murder of
ms brother, John Connery, was then placed at the
Mr. Gardner, after telling him to stand up and
hold up his right hand, proceeded to read to him
the Indictment, which charges that he did, on the
lSt DAY OF December, 1858, discharge pistol load
ed with gunpowder and ball, at John Connery in
hctng one mortal wound the left side of the
mead OF said John Connery, of the width of half an
inch and of the depth of three inches, from which
wound the said John instantly died
Mr.. Gardner.-'What saw you-are Won guilty
OF the matter whereof you stand indicted, or not
guilty?'
Prisoner, (in a low voice. )-"Not guilty"
Mr.: Gardner-"Are you ready for triat?"
Prisoner, (scarcely audible. )-"No sir'
MIR. Gardner.-"Have Won any counsel ?'
copnss fer n7e yet My fiAnh@ s"+.;-s
The prisoner was then put back He appeared
pale and much detected; when replying to the
questions of the Clerk he seemed to be subduing
Guilty.
Mr.. Preston then called the attention of the
Court to the case of the State Us. William Thet-
ford and William Baker, indicted for the larceny
OF SlO,000 from the counter of the Farmers and
Planters Bank, and desired to have day fixed by
the States Attorney when the trial could be pro-
ceeded with. This case, he said had been on the
docket OF the Court for the last two terms and the
accused had been in Jail since last September; he
considered 1t a case of peculiar hardship.
Mr. Whitney said he would want about two
weeks TO get ready for trial. He had to send to
brooklyn, New York city, and Richmond TOT procure
the attendance of witnesses.
Mr. Preston suggested to fix the time for Thurs
day (to-day) week; the States Attorney had said
on previous occasion, that he only wanted a
week to get ready.
Mr.. Whitney did not want to fix a day and then
not be able to go on
The Court thought it best to fix some day when
the witnesses could be present and not have to post
pone the case.
Mr.. Whitney then said he would try to be ready,
Dy next Monday week, and would fix that day for
the trial, with the understanding that if the State
witnesses were not present he would ask postpone
ment
The Court then adjourned until this morning at
10 o'clock.
hon I,tAr lol
OF his opinion, Mr.. Cowan, counsel for Wm. G.
Ford, came into Court and said that he would be
ready to proceed with the argument on the petition
1or the discharge of his client on Monday
morning next. That day was accordingly fixed by
the Court for hearing the counsel on either side.
Maria Boston, (negress, charged with the larceny
on the End of February, of one cotton dress one
Woollen shawl and four tumblers, the property of
Edward Hall, was arraigned and pleaded not gull
ty. Ready for trial, but counsel. The Court
appointed Mr.. Early to defend her.
State cs: Mary Savage, indicted jointly with
skipper Williams for keeping a dsorderly house,
dict OF guilty. Having been in Jail twenty seven
days, the Court fined her only 81 and costs
Court OF COMMON PLEAs.-IIon. William l.. Mar
shall, Judge. The Court was occupied in the fol
lowing cases yesterday:
William Stansbury Us. Daniel Gforer. An ap-
peal from Justice Wheat. Verdict for appellee for
$50 'FF FN''N' '''
John Lloyd u.s. Oliver F. Hack. An appeal from
Justice Boyd. Judgment affirmed
Assignment for to-day from l to 20 on trial cal
endar
SUPERIOR CoURT.-Hon. u. Collins Lee, Judge
The Court was engaged in the following case YES
terday:
State, use OF Harriet Kelly ct al, u.s. The Balti-
more ana ONO Railroad Company. Before re-
ported. Not concluded
Assignment for to-day G42 to 669.
CIRCUIT Court FOR BALTIMORE CrTY.-Hon Wm
george hrebs, Judge. The Court was engaged in
the following business yesterday:
Eliza >. Mott u.s. james Mott Application by
complainant for a divorce a vinculo natrimoniii
from defendant. G.. w. Rldgely for complainant
benjamin r. Hsusc Daniel VoudersuIitlr.
Bill for an account. Demurrer by defendant to bill
argued by j. Stewart for complainant and b. c.
Barroll for defendant. Demurrer sustained with
leave to complainant to amend BILL
CoURT OF APPEALS OF MARYLAND, DECEMBER TERM,
lS5S.-ANNAPOLIs, Feb. l6.-NO. 81. Alfred g.
Benson u.s. Hiram ketchum, and No. 90, Samuel
Tracey u.s. Hiram ketchum; appeals from the Cir
cult Court for Baltimore City. The argument in
these cases was continued by Bruno for Benson,
and by L. =. Scott for Tracey, and by F. X How
ard for ketchum. The argument of these cases will
occupy the entire week, and no other case will be
taken up till Monday, 2lst instant. Cases next in
order 80, SO and "a.
No. 43. Mary Jane Wilson u.s. John Hnsley.
Appeal from the Superior Court of Baltimore CITY.
lie Grand, Chief Justice, delivered the opinion OF
this Court. Judgment reversed and procedendo
awarded.
SUPREME Court OF THE UNITED STATEs.-TUEsDAY
Feb. l5.-No. Ga. Philo Chamberlain ct al, claim
ants of the Propeller Ogdensburgh, appellants, u.s.
Eber B. Ward ct al; and
No. so. Eber B. Ward ct al, libellants and ap-
pellants, Us. Propeller Ogdensburgh al. The ar
gument of these causes was continued bv Mr.
Spalding, of counsel for claimants and concluded
by Mr.. Swayne, of counsel for libeants.
No. 65. Edwin NJ. Chatfee, plaintiff in error, u.s.
The Boston Betting Company. The argument o
this cause was commenced by Mr.. c. A. Seward