The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-12-02
la W NTELLIGE ENCE

IMAh Iouff.-HOn Henry Stump, Judge
Milton Whitney, Esq, States Attorney, prosecu-
ting.
State ry William CouIson and George Coulson,
indicted jointly for the murder of Jonathan b.
ChroniStcr, on the 26th of June last
Coleman lellott and II. A. McAllster Esors
for the defence.
Upon the opening of the Court Yesterday morn
ing, Mr.. Whitney said that there had been some
attachments issued against witnesses which had
not been returned by the Sheriff, on account of
want of timc and that during the interval he de-
sired to file petition in the Court, in the matter
of the petition of John H. Thomas, who contests
the election Tor the office of the States Attorney
The Judge desired Mr. Whitney to read the neti
tion which he did, as follows:
To the lion. Henry Stulap
Jtige IF he Criminal C01rt Of Baltimore.
The Undersigned Milton Whitney, respectfully repre-
SentS that heretofore to wit. the Sh day the pre-
sent month"; paper filed in this Court purporting to
he petition or protest of John H. Thomas contestng
the election of said Whitney States Attorney for Bal
tmore city That no action whatever has been taken by
this Court upon said petition, order of any kind has
been passed rule laid upon the UNDERSIGNED to answer
the same nor any motion has been made by petitioner
or the counsel representing him, in relation to the
terS therein set forth.
The undersigned further represents that since the GJDo
Of The Pcon GoreS6d the Clerk of the Superior Court
OF said city has duly certified to- and made returns to the
Judge of this Court of the election States Attorney
for sand city, held the first Wednesday of November
A. D. 1889, by which certificate and return it appears he
was duly elected to said Office and that that time
to wit on the l7h day of the MONTH he received
from the Governor of Maryland commission as States
and that accompanying said commission was an official
notice that in he failed to qualify within thirty DAYS
from its receipt, refusal to accept would be presumed
under the Act of 1854, ch. IS.
The undersigned further represents that under the pro
visions OF the 9TH article Of the Constitution relating
state Attorneys that officer is to be elected the
Wednesday ofNOvember then next, to wit Nov. 1851
and on the same day every four gears there
no power earth, not the Legislature itself that
can provide for, or appoint election any time
winch is once in four years and the article prov
dcS, that the party elected shall hold his Office for fo
Monday npNtp Ia
election and until his successor shall be elected quail
flied.
Wednesday Of November 1855, he duly elected to said
office and assuming there election on the first
Wednesday OF November, 1859 which is all the petition
assumes then most certainly his has been
erected and by the express provisions of the Cons.
tuition he cannot be elected until o gears from that
uate ana as by the same article the party in Office is
hold until such is elected necessarily follows
that he is to hold his Office until the term such election
has arrived, and until his successor dc1 elected
which cannot be done under these provisions before the
first Wednesday of November 1863 that hcing in the
language OF the Constitution, -Four years thereafter"
The undersigned further represents that under these
constitutional provisions regulating said Office that so far
as he is interested in the odjng Of ofcs for the
next four years it is wholly immaeria to him whether
or not the prayer of said Thomas petition be granted
and so far as the mere fact Of his holding said Office
said time is concerned it is equally mmmateriaI to him
whether or not election held the first Wednes
day OF November instant whether said election is or
IS not set aside as Illegal for in either ease, that Of
election illegal his successor certainly has not
two tllrt
date And by said constitutional provisions the party
in office is to hold until such success or I-ced: there
fore, far the holding of the is concerned it is
perfectly mmaetia whether the undersigned holds by
virtue of his election of November 1889 or by virtue
his election Of 1855. And the failure the people to elect
! his successor on the first Wednesday Of November
1859, and which cannot he done till the first Wednes
! day in November 1858.
In this view, therefore, perfectly material to tbt
undersigned what disposition your Honor NAV make al
this petition filed, aforesaid what Judgment yonr
Honor may pass relative to the election of November
To he Sgto de hrs
test but as most loose vaEue and indefinite charges
spread out upon the face of said petition the legality
of said election Of the truth which the undersigned has
no personal knowledge and he is from other consde
ratons apart from the holding of the office desirou
that the matter set forth in the said petition should be
Juuiclay GGterhihee ana disposed of-he therefore
prays your Honor to fix early day, hear determine
and pass upon the allegations of said petition and for the
purposes OF u ana ample examination Of all the fact:
connected with said election if agreeable to the views
: this Honorable Court, the undersigned will waive
the application ot the technical rules of law, applicable
to Of contested eections-and if upon legal nves
CATION, it should appear that he failed receive cea
majority of all the legal votes polle, made to appea
that had every legal vote in Baltimore city cast
would failed to have received majority of the sam
IN either ease he viii decline to qualify under
ton and stand upon his rights they may affected
that Con ttution under which live and by which W,
all should be governed and controlled.
The undersigned therefore prays your Honor to fix ar
early day to dispose of the matter of said petition
lS!ghedl MILTON WHITNEY.
After-the reading of the petition Mr. Whitney
said, that what he wanted now was, for the Cour
to fix some day upon which the counsel could come
in and argue upon the petitions, with view to
having some order passed by the Court in the mat
ter, as the Court had not yet passed any order a.
all on the petition. He wanted this done as tn,
thirty days within which time he was required t,
qualify after receiving his commission, might ex
pire before any action was taken by the Court
In reply to the Court, Mr.. Whitney said that h,
had received his commission on the 18th instant
After some further conversations the Court sal,
it would fix next Monday, the 9TH inst to hear tn
counsel on the petitions, not for the purpose of ma
King any decision in the matter, but with view t.
pass $, me order on them. In the meantime notic
could be served on Mr.. Thomas
The witnesses in the case Of the Coulsons wer
then called, and Mr.. Whitney made the opening
statement before the Jury. He first explained th
law in regard to murder, what constituted murde
IN the first or second degree, and what manslaugh
ter Mr. Whitney then recapitulated the facts il
the case, and also what the State expected to show
to the effect that on the 26th of June last it ben