The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-01-26

dence to show that Corre was not in possession of his
intellect, but that everything went to show that was
in full possession of his mental faculties and reSpon
sble for the crime.
Mr. Cuttings concluded by asking jury to deliberate
dispassonaely upon the facts ELECTED in evidence
and to calmly weigh and investigate them if they did
he had doubt they would render verdict as asked
Tor by the State lie then handed the ndctme ent to the
jury.
Mr.. Cuttings finished his argument at o'clock, hay
ing occupied in its delivery three hours and a half
The jury then retired and the Court took for
one hour.
AFTERNOON SESSION
On the assembling the Court at three O'Clock the
jury had not agreed
At O'Clock jury sent note to the Court
that they could possibly agree and the Court
need not expect verdict this evening.
The Court then adjourned until tomorrow morning at
ten O'Clock
1t is expected that the motion for a trial in the
of Marion Crops will be argued before the
day.
CRIMINAL CoURT.-Hon. Henry Stump, Judge.
Milton Whitney, Esq, States Attorney, Prose
| cutting.
| Mr.. Whitney rose and said-The case of George
| Potee, charged with murder, has been fixed for
trial tomorrow. see by the morning papers that
the Court of Appeals have set aside the verdict in
the case of Ford and ordered trial. In that
case the jury rendered verdict of guilty of murder
IN the first degree, as appeared by the record of
| this Court, duly authenticated. If verdict of
guilty of murder in the first degree, duly recorded
| is not sufficient to sustain the Judgment of the
| Court it is important in order to save time and
labor that we should have from the highest tribu-
|
verdict upon an indictment for murder, and how
far the record of this Court is to be considered as
evidence of that fact. would like, therefore, to
have your honor request the Clerk procure copy
| of the opinion of the Court of Appeals in Ford's
case, that the same may be filed in this Court for
! reference in future cases.
Judge Stump said that he was of opinion that the
| Court of Appeals had no power to convey to this
| Court any jurisdiction Ford had been arraigned
once on the charge, and had fair and imp artial
trial and was convicted. If the Court of Appeals
| set that verdict aside, they might try Ford them
| selves. He was at present of the opinion that it
would be unconstitutional to place the prisoner at
| the bar again. The Court would decide the ques-
tion of a new trial independent of the Court of
| Appeals and the Court strongly inclined to
issue order for the discharge of Ford He would
| hear counsel in the matter, but he was under the
impression that he had right to try the prisoner
! again. The Court don't consider that the Court
| of Appeals can convey jurisdiction to this Court
and therefore does not believe that is lawful to ar
raign the prisoner charge which he has once
! answered The Court thinks that it will discharge
the prisoner and then it cannot be impeached if it
| has done wrong.
State u.s. John H. England, charged with assault.
ing by striking with a stone Mary French.
1t was in evidence that for two weeks previous to
| the 18th of this month the house of VIM. French,
on Cathedral street extended, was stoned every
night. On the morning of the 18th inst, between
six and seven o'clock, Mrs French went out of the
! back door of her house, and she there saw man,
| whom she recognized as the prisoner at the bar
| She turned to go into the house again, when he
| threw stone which struck her on the shoulder,
injuring her to such an extent that physician had
| to be called. Mrs. French told her husband who
was in the house at the time, that it was the pris-
oner who threw the stone. On the 10th instant
England gave himself up to the officers. 1t was
also in evidence that England was in company with
a man named Thos. Devan, who some days preyi-
ously had assaulted VIM. French.
The defence offered testimony to prove an abb.
| England was in the employ of Thomas Devan, who
was engaged in cutting ice, and witnesses testified
tnafo he nj pT tlt1l thn D1nrn
of the 18th inst, the prisoner in their company
! at the ice pond and at the house of Thomas Devan
| Mr.. and Mrs. Devan also testified that the prisoner
was in their house from half past three o'clock on
! the morning of the 18th inst until seven o'clock
when the prisoner with other men started from the
house to cut ice, and the prisoner in their pre-
! sence at hafpast six o'clock of that morning. The
defence also introduced testimony to prove the 90 cd
! character of the prisoner.
The counsel went before the jury, and the latter,
without leaving the box, rendered verdict of
| ''guiltv of assault and battery"
| The Court said-"John H. England YOU have
been convicted on the second charge of the indct-
ment and the Court agrees with the Jury that YOU
are guilty of the charge. The Court wants to give
| you piece of advice. Hereafter when anv person
wants you to commit violence any man or
woman, tell them to do it themselves. The Court
can't what cause you had for malice against
| Mr. and Mrs. French. There are some people who
use other persons to revenge their malice. They
hiss them on as they do a dog. The Court won't
say that this your case, but it gives you the ad-
vice never to ALLOW yourself to be made the tool to
carry out the malice of other parties The Court
feels itself bound to punish you, and sentence you
to pay fine of So and undergo years imprison-
| ment. 1t is serious charge to attack mans
house by stonng it, and the Court thinks that per-
who guilty of such crime should be severely
| punished"
There was also charge against England of an
assault on VIM. French, in which the States attor-
| ney entered a stet.
State Us. Thomas Devan. Charged with assault
and beating William French.
When this case was called it was found that there
were witnesses present for the defence. The
cause assigned by the Clerk of the Court for not
summoning the witnesses for the defence, was that
the counsel for the defence (Jesse II. Magruder,
ESQ., had written the names so badly, that per
son connected with the office could read them.
Judge Stump-Mr. Magruder read the name of
the witnesses to Mr.. Hack, and let him write them
and then they can be read.
The case set down for Thursday.
State as. Rosanna Smith, negress. Charged with
stealing pair ofdrawers and an undershirt. John
| B. Wilson, ESQ.,, for defence. The jury rendered
| a verdict of ''not guilty.
State Us. John Murray. Charged with stealing
spy glass, the property of John Anderson, valued
at SIS. Counsel for the prisoner absent and
the continued.
State James Ellis, alias Matthew Rooney
Charged with stealing quantity of lead pipe.
The prisoner plead "'not guilty." and said he had
no counsel. The Court assigned Jesse H. Magru-
der Esq.,, to defend him, remarking to the counsel,
"Now, see the prisoner and write the witnesses,
The recognzances of Samuel Spear, Joseph Mer-
riott and William Graham, alias Peggy Graham
forfeited
Court adjourned until 10 o'clock this morning.
SUPERIOR CoURT.-Hon. Z. Collins Lee, Judge
The following business was transacted Yesterday:
John McLarran Us. c. r. Pearce garnshee of
VIM. Eaden Attachment warrant pros.
Nathaniel Tillman Cate Il Lewis Issues from
Orphans Court. Dismissed.
john Oliver and Henry Fleming Us. The Mayor
and City Council. SCI fa on lien. Verdict for
plaintiffs for S5OG.9l. Scott for plaintiffs and Du-
laney for defendant.
Henry Pendexter u.s. Green Abated.
Jesse ii. Magruder, u.s. Mendlebaum and wife,
Dismissed
james Malcolm, trustee, Cole Non pros.
P. Copeland, ct al, Us. David W. Moore. Judg-
ment for plaintiff.
d. Ira Baker Us. Talmadge F. Cherry Removed
to Circuit Court of Baltimore County.
Assignment for to-day from 485 to sos.
CRCUIr CoURr FOR BALTIMORE CITY.-IIon. VIM.
Geo. Krebs, Judge The following business was
transacted yesterday:
John Sorau Cynthia Soran ct al Bill to set
aside deed of trust Defendants plea of disabili-
ty of complainant to sue, he being unatic for
: yoked.) Argued by d. S. Sweany and r. j. Boul-
din for complainant, and Freshman and Renshaw
for defendants. Plea sustained
COURT OF COMMON PLEAs.-Hon. VIM. J.. Mar
shall, Judge. The following business was transac-
ted Yesterday:
Allen Paine ps Francis Brashears. Appeal from
Showacre. Judgment affirmed.
William Robinson Us. William Schilling. Appeal
from Carl. Judgment reversed, and judgment for
appellee for SIS and costs.
John Bertholdi vs Felix Francioi. Appeal from
Ridgely. Judgment reversed.
Solomon Goldschmidt the German Building
Association, No. 2, of Baltimore city. Appeal from
Mckinley Judgment reversed, and judgment for
appellee for S43. 10 and costs.
Court OF APPEALS OF MARYLAxD.-DEc. Term
lS5S-ASNAPOIIS Ian. 1S5q-No Jeryis