The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-03-18

1000 or upwards. ....... 3OC
The penalty for the violation of the law is fine
not less than S25 than $780, and fall NO to
pay, imprisonment until paid.
Mr.. Cuttings then said if the counsel for the de.
fence did not wish to try the case of Rafferdy he
would waive it, and take up the case of Geo w.
Bush.
Mr.. Preston remarked that it was understood
the case of Maurice Gidelman would be called
first
Mr.. Cuttings said the case of Gidelman was tried
too often already, and he preferred to try Mr..
Bush, which was accordingly taken up, when Mr..
Schley filed the following notion
oTATE OF MARYLAND, ~ March term, ls59;-In the
rs. Circuit Court for Baltimore
GEORGE W. Bush. County
Transcript of record from the Criminal Court
of Baltimore.
The traverser, in this case, respectfully suggests
to the Court here, that the Indictment in this case
contains three several counts and which counts are
not for the alleged offence but for several and
independent oifences-that is to say the first count
Is for keeping and using certain place for the pur-
pose of selling therein, by RETAIL in quantities not
less than pint at any time spiriuOus and fer
mented liquors; and the second count is for the al
legged offence OF keeping and using a certain place.
other than an ordinary, for the purpose of selling
therein, by retail, in quantities less than one pint
at any one time, spirituous and fermented
liquors; and the third count is for the alleged
offence OF selling a portion of brandy less
than pint, without then and there having first
taken out license so to do as provided for bv the
Act of Assembly in such case made and provided:
which said alleged offences not and the
same alleged offences or mere variations in the
statement of one and the same alleged offence but
several distinct alleged offences, and for which
different punishments provided by law. Where
fore the said traverser prays the Court here to COM
pei the State to elect for which of said alleged of
fences it will proceed against the traverser in this
case, so that the traverser may be informed and
know for which certain alleged offence he is prose
cuted in this behalf, &c.
WM. WM ; S'PhEy, PhEs3ov For Traverser.
MIR. Schley then spoke at some length and desired
that the party be tried on one count ONLY and if
acquitted, then try him again on the other
counts
Mr.. Cuttings responded that in all criminal cases
there were several counts in the indictment, and he
never knew it to be otherwise. In the course of
his argument before the Court re cited quite a
number of authorities, contending that Mr. Bush
should be tried indicted.
Mr. Machen, assisting the prosecution, then fol-
lowed, and spoke at some length in support of the
Indictment.
OF his motion as filed, after which the Court over
ruled the motion.
Messrs. Schley and Preston then filed the fol-
corded:
STATE OF MARYLAND ! In the Circuit Court
GEORGE W. BUSH. Baltimore County.
, The traverser in this case respectfully suggests
is framed and based-as stated by the States At
torney-on the first and fourth sections of the act
OF 1858, chap. Ala, the same ought to have been
made to conclude contrary to the act of Assembly
in such case made and provided; whereas, as this
respondent suggests, the same is made to conclude
as a count at Common Law. Wherefore the ira
verser respectfully moves the Court here to order
the said count of the said indictment to be uuashed
for the want of proper conclusion.
Wn. Wn feH5ns' s PRESTON Fer Traverser.
STATE OF MARYLAND In the Circuit Court
for
GEORGE W. Bush. Baltin aq' County.
The traverser in this case respectfully suggests
to the Court here, thai in the second count OF the
indictment in this case, it is alleged that the said
traverser unlawfully did keep and use certain
other place there situate other than an ordinary,
for the purpose set forth in said count without any
specification of the character, and without anv
further description of said other place. and with
out any statement that the same was not an oyster
house, nor cook shop, victualing house, nor
a lager beer saloon.
Wherefore the said trayerser moyes the Court
here to quash the said count for informaty and in
suffciency.
VIM P. PREsTos,, For Traverser.
The Court oyerruled the above motion, when it
adjourned until tomorrow.