The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-11-10
Ia w INTELLIGENCF.

CRIMINAL CoURT.-Hon. Henry Stump, Judge
Milton Whitney, Esq, States Attorney, prosecut-
ing
The following occupied yesterday:
Charles II. Loden, negro, indicted for stealing
one basket one petticoat and two vases the prop
ertX of Elizabeth Tibbs, was arraigned and pleaded
not guilty. He removed his to Baltimore
| County Court, and removed his bail.
| Mr.. Whitney wished to occupy the attention of
the Court for a moment, with personal NATTER
He said that yesterday (Tuesday) he had called
the notice of the Court to article published in
the american, in which it was stated that in the
| 18th ward, there had been number of tickets
called ''plumpars," voted with his (Whitnev'sl
name upon them. He had disproved that charge
The American of this morning, Wednesday, in
referring to the matter, SAYS that occurred
! in naming the Ward, and that the "pumpers
! were voted at the 10th ward, and not at the 18th
| ward polls He had sent for the Return Judge of
the 10th ward, and had obtained from him a GER
tiicate which he would read to the Court
Mr. Whitney then read certificate signed bv
Richard Alexander, Return Judge of the 10th ward,
IN which he says that there were no tickets, such
as those referred to, deposited in the ballotbox of
that ward on the ID of November, but that there
! were several Reform tickets with the name of John
I H. Thomas stricken off, and the name of Milton
! Whitney inserted. This, he thought, settled that
| ward.
Judge Stump.-"Oh, what's the use of that they
! will shift it to the 14th ward.''
| Mr.. Whitney-''The have eighteen wards to
to yet; all have to do is to follow it up
would not correct their mistakes and it was useless
to give it attention.
Mr.. Warrington, counsel for Simon Klepstein,
indicted for attempting to pass a forged check, for
$500, ,purportng to be signed by Oettnger & Arch
er, upon the Bank fCOmmerce, and also for forg-
ing check for 5000 upon the same firm stated to
the Court that the traverser wished to withdraw
his plea Of "not guilty. and enter plea of "ruilty,'
In doing this, he desired the Court to take into
consideration the circumstances connected with
the prisoner his youth, his previous good character
and also the fact that he was a stranger in the
country, ignorant of its laws and not aware of the
enOrmity of his offence. He asked the cemency
of the Court in passing sentence upon him.
The Court after examining the Acts Of Assembly,
sentenced kepstein to be confined in the peniten-
tiary for five years and five months the lowest
punishment under the Act.
The Court ordered stet to be entered in the in
dlctmeRt charging him with forging the check of
S2OO. (This check was found upon Klepstein after
ms arrest The Judge said that as the prisoner
had not attempted to pass this check, he thought
the indictment could not be sustained. In the same
way 1t person only wrote some ibeous matter
and did not publish it, it was no libel at ALL
William Flimlam alias Douglas, charged with
breaking into dwelling house. then put at the
bar. He said he was not ready for trial; didn't
want to be tried this term; he had two witnesses
named Jones, but did not know their first names;
they lived in Fremont street.
The States Attorney thought that as he had been
in Jail since August, he had had sufficient time to
get ready.
i'll to hunt up the witnesses and told the prisoner
he would be tried tomorrow (this) morning.
John w. Smith, charged with larceny, was then
brought ont. Smith had been in Jail six months
awaiting his trial. jury sworn, and Mr..
Whitney remarked that the State was unable to
get any testimony, and he would ask the jury to
render verdict of mot guilty." which was ac-
cOrdingly DONE The prisoner, when discharged
lnmped from his seat, ran to the lookup, and put
ting his cap on his head, made hastv retreat ere
ating considerable amusement in the Courtroom.
Matthew Rooney, charged with stealing thirty
yards OF tweed cloth, valued at Sl3, the property
OF one Neal Lobe was then placed at the bar, and
jury
Mr.. Whitney made the same statement as he had
done in the previous case adding that the prisoner
had beenin Jail IL months. Verdict of not guilty.
Discharged.
At the request of J. r. Kenly, Esq, the Court
fixed Saturday as the day to hear the argument on
the motion for a new trial in the case of The City
against VIM H. Rose.
The case Of Charles Reilly, indicted for larceny
and for assault with intent to kill, removed
to Baltimore County Court.
The case of Elijah J. Wheatley, charged with
stealing gelding and set of harness. be
longing to Henry Parr, was removed on the sug
gestion of the States Attorney, to Baltimore
County Court.
Mr.. Warrington here called the attention of the
Court to the sentence imposed by it upon Simon
Klepstem, and stated that Edward Ashcraft, who
had been indicted for similar offence,
fenced only for term of two years and seven
which makes the punishment for passing a forged
check, &c, confinement in the Penitentiary for a
term Of not less than six months more than ten
years. He thought this act repealed the preceding
acts Of 1877 and 1909
Mr. Whitney said Ashcraft was indicted under
the act of 1922 and klepstein under the acts of
1877 and 1909.
The Court, after examining the acts and indict-
ments decided that the proceedings were proper
that when party was indicted and found guilty
under a certain act he should be punished accord
ing to the provisions of that act.
VIM. Hart alias Emmrrt charged with stealing
one coat one cape and two hats, was placed at the
bar. Mr.. Rogers counsel for the traverser, pre-
pared A certificate stating that material witness
was absent by whom it could be proven that the
goods came into the prisoners possession honestly.
The States Attorney said he would admit the
testimony.
Mr.. Rogers wanted the witness to be present,
to testify to the jury, and desired the to be
postponed
Considerable conversation then took place be-
tween the Court, the States Attorney and Mr..
Rogers, when Judge Stump said, ''Weil, 90 on or
remove the case"
The jury were being called by the Clerk when
Mr. Rogers said he would save that trouble by
moving the case to Baltimore County Court, which
was accordingly done
Several cases were called, but none being ready
for trial. they were postponed until this morning.
The Court at ~ o'clock adjourned until this
morning at 10 o'clock.
CoURr OF CoNMoN PLEAs.-Hon William l.. Mar
shall, Judge. The following business occupied
Yesterday:
Robert W. Dryden Us. Sarah Eltonhead. Action
to recover for goods sold and delivered Before re-
| ported. Verdict for defendant.
Assignment for to-day II to 95.
UNITED STATES CrRcUrr CoURT.-Hon. Roger B.
! Taney, Chief Justice, and Hon. VIM. Fell Giles.
No business transacted Yesterday.
The Chief Justice sat in Chambers and heard
the argument in the case of Parker & Parker
! James Hooper. An appeal from the United States
| District Court. Not concluded.
! SUPERIOR CoURT.-Hon. H. Collins Lee Judge
! The following occupied yesterday
Booze, survivor, Hooper and Graf. Before re-
! ported Verdict for defendant.
Assignment for to-day, 2S2 to 3lI.
| The following petition filed in this Court By
! S. Teackle Wallis, Esq.
| To the Hon. T. C. Lee
Judge fhe Superior Court for Baltimore Citc
The petition Of Joseph p Warner respectfully repre-
sents that at the election held in the city of Baltimore
the ID day of Nov ember instant, he candidate for
the office of Sheriff of the said city and he is informed
that certain George II. Duton, who likewise
ddae for the has been, is about be, returned
the Sheriff elect by the Judges of Election your pet
toner represents that the said election pretended
election, the polls in majority Of the wards of the
said city, taken of at early hour by
| large bodies of armed men by whom majority of the
legal voters of said wards and Of the said city, who in
tended and sought to vote for your petitioner pre-
vented from doing either by intimidation actual vi
| Olence.
Your petitioner further represents that his election to
said office likewise hindered and prevented by the
rejection of many legal voters who sought to for
him, and the admission of large number Of illegal votes
which wereCast and counted for the said DuttOn that in
one Of said wards the votes received and
counted by judge judges of election duly commits
stoned qualified therefor that in many Of said wards
amount of illegal and fraudulent large enough
to prevent your petitioners election received and
counted by the judges, collusively and audulenty,
through fear and intimidation, which said votes were
counted adversely to your petitioner and in favor Of said
Dutton and did in fact in connection with the exclusion
of the votes before mentioned by violence and intimda
tion your petitioner from receiving, as he
he otherwise would have received majority of the legal
votes Of the said city, if indeed he did not in fact actual
ly receive such majority which he will endeavor to
maintain and show.
Your petitioner therefore that said DutOn
not lawfully elected Sheriff Of Baltimore city at said
election and your petitioner accordingly contests hIs
said election and prays your Honor hear and deter
mine the matter and take such action in the premises
may be proper therefor and your petitioner will pray,
| &c JOSEPH P. WARNER.
MARYLAND ELECTION
The following are the official returns of Queen
Anne's county:
Comptroller. Congress-