The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-12-10
IA W INTELLMENCE.

- L1f ELLIu E1fCH
CRIMINAL CoURT.-Hon Henry Stump. .Judoa
ing.
The jury in the case of fIsaiah, alias Bud. Eggle
Ston, indicted for roting, and assauting Sargeant
Hand and also for assaulting officers John A. Love
ana Andrew Z. Barton, came into Court and rem.
deTed verdict of ''not guilty"
hggleston is indicted for assault with intent
10 murder VIM. p Preston, ESQ.,, and his counsel
asked the Court to fix the bail iu the case The
pan was fixed at 81 900. but not given.
Geo' NJ Gill, Esq, then offered to file an amended
peutlon and protest in the case of the contested
States Attorneyship.
The Court asked Mr. Gill to read II
should be filed first ~ 'n"' ~
me Court wanted to know the substance of the
petition; perhaps the other side would object IN it
pelng filed, as one petition had already been filed
and argued upon. "'so
o, Mr. Gill asked if Mr.. Thomas had not right 70
ME any petition in this Court
The Court said Mr. Gill could file what he nIeo0ad
The petition was then filed, and Mr.. Gill read II
as follows: N''' eau ~
To the Honorable Henry St.uap,
Judge Of the Criminal Court Of Baltimore city.
me amended petition and protest of John H. Thomas
conestng and against election of Milton whitney to
the office of States Attorney Baltimore city respect
luy states That in addition to the allegations and state
mens in his protest and petition filed this Court on the
oth dy OF November, 1852 all of which to be
'rGe ne the SAID John H. Thomas, alleges and states
That on the first Wednesday November en- hun
dred and nine, the day OF the said election organ
Zed bands of men, who had cOnspred carry the said
election in favor of the said Milton Whitney in nreven
from voting at that election the who designed and
intended to vote for him, the said Thomas for the sod
once OF states Attorney took possession of the polls in
the first, second, third fourth. fifth sixth seventh
NINTH tenth, thirteenth fourteenth fifteenth sixteenth
seventeenth eighteenth nineteenth and twentieth wards
OF the city of Baltimore where said election was be-
ing held and while the said election being held and
the SAID bands of awess in the said wards and in
each OF them, by violence and intimidation prevented
the access to the said polls in the said wards and each of
them, OF large number of the legal in the said
mus, anu each OF them who designed and intended to
vote Tor him. the said Thomas; that said election in
he SAID wards was so conducted and carried on make
the same so far respects the said wards seventeen in
number and in each of them illegal and null and void
because OF the Violence intimidation and frauds the
same.
That as respects the said wards and each of
them, the election was mere mockery and pretence
ana was, In TACT no election at all; and that the votes
poled at the said wards be properly counted or
included in determining the result of said election
That in the eleventh there scenes of volancn
and acts of intimidation from the time the polls were
opened, but to about quarter of O'Clock in the
day the polls kept OPEN but it being believed at the
said hour that free to the polls at this ward for
those who desired to for the said Thomas could not
be longer maintained without loss of life the efforts to
have said access abandoned
That in the twelfth ward where there was more fair
ness and show of legality he the said John H. Thomas
OBTAINED majority Of the votes poed and that his ma
Jorty in this ward would have been increased if all the
legal voters therein who intended to vote for him. and
who were intmidated and prevented by violence and in
muatoh rom voting had voted, and if all the illegal
votes cast for the said Whitney were excluded That in
the elShth ward, IN which ward alone there
election and such as is contemplated by the Constitution
and laws of this State large majority the votes was
poled for him, the said Thomas for the said Office of
states Attorney that under all the circumstances this
election the legal and fair majority obtained hy the said
John H. Thomas in the eighth ward entities him the
claim that he elected and that the result in the other
wards does not and cannot majority OBJ
tained by him in the only ward in which election was
conducted vote thel can propery be count
ed That if the votes should be in the sh IIth
and 18th wards, the said John II Thomas having ma
orty of votes in the said wards legally elected and
m thnG A.
sald election has not been counerbalanced by any legal
votes cast for the said Milton Whitney.
The said John II. Thomas, in conclusion states that
While under the circumstances he would he unwilling
accept the said Office of States Attorney yet he insists
that he the said John H. Thomas obtained majority of
the legal votes east for the said office of States Attorney
at the said election which be counted included in
Gertaning the result thereof and that the said Milton
whitney was not legally elected and therefore he contests
the election of Milton Whitney JOuN II. THOMAS
! The Court then asked if NJ. Gill intended to
| claim the election on that.
Mr.. Gill replied that be did
Mr.. lellott suggested that before the Court took
any action on the petition, it be verified by the ai-
daVlt OF the party making it-this the usual
practice in cases of this kind. If the matter set
forth was not sustained by an affidavit, and was
disposed of by the Court, one party and another
party could file similar petition. and the Courts
time would be consumed in examining testimony in
! the matter.
Mr.. Gill said that, while he had no objection to
having the affidavit attached, and while Mr. Thorn
as would have no hesitation in making it, vet it was
not necessary, not usual and not required. 1t was
a matter, however, with the COurt-if it was the
Courts opinion that it ought to be done then the
affidavit would be made.
The Court thought that it was immaterial wheth-
er the affidavit attached or not, and asked Mr.
| elliott why he wanted the allegations verified to-
Mr.. elliott saldi because twas the usual practice
! so to do.
Court-You don't admit the truth of the state
ments in the pettion2
! MIR. lellott-Not at all, sir it must be verified
! Mr. a.
IN the cause, as if it were a case in equity:
| The Court said something about its not knowing
what to do-ddn't know whether to direct the afIi-
davit to be made or not. ''Well, Mr.. Whitney, is
! there anything else to take up?''
| Mr.. Whitney stated that no cases were ready.
The Court discharged the jury until Monday
morning at ii o'clock, and adjourned at II O'Clock
| until this morning ut 10 o'clock
The names of the jurors who tried EggIeston are
here published:
Elisha Randall, Thomas S. Williams, Anthony NJ.
Norman, Robert NJ. Hill, William Weir, Edward
Stewart, Joseph Stevens, Livingston King; Richard
Alexander, John W. Hall, William Ridgeway and
| William Darympe.
| CRCUIr CoURT FOR BALTIMORE ClrY,-Hon, VIM.
George krebs, Judge.
THE DISPUTED CLERKsHIP.
Ihe argument in this case was closed yesterday,
by Charles F. Mayer, ESQ.,, one of the counsel for
the petitioner, (Turner) We regret that an unu-
sual pressure upon our columns prevents our pub
lIshng report of Mr.. Mavers speech, which occu-
pied more than four hours, and exhibited in a
marked degree, the elOquence and professional
ability of that gentleman. Judge Krnbs said he
would take time to consider the various points
raised before pronouncng Judgment and the Court
was adjourned until this morning.
| CoURT OF COMMON Pleas. Hon. William l.. Mar
| shall, Judge.
The following occupied Yesterday:
! James Belden Us. the ilar Sinai Verein Society
An action to recover for services a landscape
gardner, in laving out cemetery. Verdict for
! plaintiff for Sl7GlS.
William Hamilton George jackson. Action
against an endorser on prOmissory note. Defence
want of notice of demand and protest Verdict for
plaintiff for Sl6s.75.
SUPERIOR CoURT.-Hon. R. n. Martin, Judge
The following occupied yesterday:
Elisha Warford and others as. Richard CoIvin
Warford. An action of eiectment, under the will
of the late Rachel Colvin. Before reported Not
concluded.
Assignment for to-day 34l to 1863.
Nothing done in the UNITED STATES DISTRICT
| CoURT yesterday.