The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-12-14
Ia w INTELLIGENCE

CRIMINAL CoURr.-Hon Henry Stump, Judge.
Milton Whitney, Esq, States Attorney, prosecut-
ing.
The following occupied Yesterday:
On the opening of the Court yesterday, there
being set for trial. Judge Stump said he
would order recess until IL 0clock at which time
he would be ready to deliver his opinion in the
of the contested States Attorneyship.
Long before twelve o'clock very large number
of persons crowded the COURTROOM and much in
terest was manifested to hear the decision of the
Court.
At the appointed hour, Judge Stump came into
Court.
None of the counsel for Mr.. Thomas being pre-
sent Mr.. Hack suggested that bailiff be sent for
Mr.. Gill. Mr.. Hack thought it was act of cour-
tesy, due to Mr.. Gill.
In few minutes Mr.. Gill entered, and took his
seat; when Judge Stump proceeded to read the fol-
lowing opinion:
OPINION OF THE COURT
In the matter of the petition and protests j. H. Thorn
Esq 20 vacate the election and commission of Milton
Whitney, Esq., the Office of States Attorney Balti
more city Court having considered the said petitions
and answer and heard the arguments on both sides will
proceed to give its opinion in writing conoisey
possible, without taking testimony in support of the
charges Of illegal voting violence and frauds in
said original and amended pc itions.
The Court being of opinion that has power to set
aside said election all the charges contained in said pc
tions could be proved the Court at the time being
convinced that it has means known the laws of
proving asceraining the truth of said charges
act them with any certainty il it had power to
act on them with any constitutional authority.
In order to understand the conneXon of these last
marks with the subject submitted the decision of the
Court may be proper to observe here, that John
Thomas does not aver in his first petition that he
ceved constitutional majority of all the votes poed at
the election maintain that he elected States At
torney but demands that this Court should aside the
election of States Attorney in the city, imposition
and fraud upon the rights of many legal voters were
permitted to vote by bands of armed who
them from the polls, many Of whom intepded have
voted for the petitioner and if they had done So pc
titioner would have been elected
How he ascerained the Intention those did not
vote at all vote for the petitioner this Court loss
to conjecture and although the the Court
to adopt mode of proceedings by which adavis or
otherwise to prove their intentions have voted for him
had they been allowed to vote the Court feels constrained
to decline the attempt to prove the ientionS all
who were prevented from voting for the petitioner be-
involves impossbiity, also the corolary
that if they had been allowed to vote they had intend
ed that they would have constituted majority
gal voters of the city.
1t is sound maxim that ''Ler cogit neninem ad
impoSibiiia' The law forces no one t, adopt
vain impossible proceedings. IT. therefore, the Court
had to overthrow the election it would under
take to do it by resortng to uncertain and impossible
proofs like those proposed by the petitioner
In his amended petition he charges that in Eighth