The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-10-27

consent discharge the jury and that circumstance can
not bar subsequent proceedings But it does not
that without such consent the prosecutor has any
right to bring the defendant peril his Lille
though the contrary has been formerly holden Nor
ought the Court to admit the prisoner to to his
own prejudice, but rather to give him the full benefit
every circumsancein in his favor And it would be absurd
to suppose that, after evidence given the prosecutor
might be allowed to withdraw juror, merely because
The proof would not amount to conviction, though it
might have been done account of the sudden illness of
witness So though in former times the contrary has
been allowed it to have been doubted whether
cases in which life is affected where the punish
ment on conviction infamous this mode can he resored
to, even where the indictment is manestly defective or
when material witnesses have been kept away by accident
or couson This doubt however, seems to be scarcely
we'll founded and the general rule, deducble from this
contrariety OF opinions appears be that this
NAV be taken whenever it either favorable indifferent
to the party indicted when he has purpoely kept back
evidence for the when material witness is sud
denly incapacated to attend by illness"
After reading this, some conversation took lace
between the Court and Mr.. Pinkney, when Judge
Stump said:
F'rhe Court will undertake to discharge the jury
and then the Court of Appeals can settle the ques
tlon upon writ of error
Mr.. Gellott-''We wish it to be distinctly under
stood that we do not consent to this proceeding
We do not intend Sir, to take out writ of error
now, but when the case comes up again, we will
contend that the prisoner has been put upon his
trial once and therefore his life cannot be put in
Jeopardy the second time. If in arguing that your
Honor decides against us, then we will take mp a
writ of error"
The Judge replied that he was satisfied and dis
charged the Jury.
Mr.. Yellott then said he desired to know what
the clerk would put upon the record he wanted
everything done correctly, as it was of the utmost
importance.
The Counsel and the Court after considerable dis
cussion, concluded what should be recorded on the
docket, when the following entry was agreed upon
and placed on record
ENTRY
After jury sworn, Indictment read to them and charged
in the usual way by the Clerk several of the
had nm In hat
period, discovered he absent After adjournment
to the next day and the witnesses still being absent
Court ordered the jury be discharged no statement
having been made or evidence offered to the jury The
counsel for the prisoner obecng to such discharge The
absent witnesses had been duly put under
security LOT their appearance in court at the trial of the
case and attachment issued and returned non est Oct
20 1899 continued to January term 1860. Prisoner OBJ
jectinE.
The case thus disposed of until January
term.
When the Grand Jury came into Court, Judge
Stump said that he had concluded to adjourn over
until Monday, the 9TH of November. There was
nothing to do this week, and next week the cleo
ton was held, and he supposed there would be no
desire to do anything then.
The jurors were accordingly discharged until No.
vember 7th, and the Court adjourned until Satur-
day morning at 10 O'Clock.
George Manuel, charged with arson, was admit
ted to bail In the sum of S700-J. NJ. Baker, bonds
man.
SUPERIOR CoURT.-In consequence of the illness
OF Judge Lee there no business transacted YES
terdav.
Assignment for to-day 2S2 to 3ll
CoURT OF COMMON PLEAs.-Hon. William L. Mar
shall, Judge. There was nothing done yesterday
no case being found ready for trial.
Assignment 1872 to 49,
UNITED STATES DISTRICT CoURT.-Hon William
Fell Giles, Judge. The Court engaged yester-
day IN Issuing naturalization papers.
CmCUIT CoURT FOR BALTIMORE CrrY.-ion. Wm
George hrebs, Judge. The following occupied YES
terdav:
Hamilton Easter and others u.s. the Mavor and
City Council, William II. Travers and others-in
the matter OF the City Passenger Railway. APP
peal prayed by the cOmplainants wiz Hamilton
Easter Samuel NJ. Shoemaker and wife and Hugh
Il. Bond, Trustee; Thomas Mackenzie Frederick
Fickey, DR., and Robert Campbell, Sr. } from the
order OF the Court of July l3b 1859. granting the
injunction in this case in far as the same falls
short in any particular of the full and entire relief
prayed by the bill. and fails to restrain absolutely
all action whatever under the ordinance therein re-
terred to- in any and every part Of the city of Bal
timore, and otherwise fails to protect the rights
and restrain the wrongs alleged in said bill.
The Bill previous TO the appeal, was dismissed as
to Henrietta Il. Glenn. VIM. w. Glenn. and John
Glenn, as executors of J. Glenn, deceased, and in
their own right, and also as to Noah Walker
John Dwyer Thomas A. Cunningham and
others. Creditors bill to set aside certain deeds
alleged to be fraudulent. Reported Yesterday
Petition filed by solicitor 1or respondents to take
testimony, and order passed remanding the com
mission with liberty to both parties to take testi
mony. Messrs. Price, Wallis Mathews and Car
son for complainant VIM. Schley, Esq. for de-
PENDANTS