The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-10-04
Ia w LNTELLIGENCE.


Ia w INT,ELLIGENCE.
CRIMINAL CoURT.-Hon. Henry Stump, Judge
Milton Whitney, Esq, States Attorney prosecut
ing. The following occupied yesterday:
| On the opening of the Court, Mr.. Whitney stated
that this was the day upon which counsel were to
fix the trial of William and George Coulson There
were two witnesses for the State, one of whom was
In Somerset county, and the other in Pennsylvania
and he was anxious to have the day set positively
that these witnesses could be here atrthe proper
time.
Mr.. Yeott remarked that the defence would be
ready to take up the case two weeks from the pres
ent time, (the l7th inst)
After considerable conversation between the
Court, the States Attorney and counsel for the de.
fence, the case set down for trial on Monday
the 18th instant.
Mr.. Yellott said that probably thev would make
motion on that day to sever the Indictment but
that course had not been yet decided upon
Mr. Whitney then called the attention of the Court
to the case of Miller and Hoffman. He said that
they were arraigned last week. and had announced
themselves ready for trial, and that Mr.. Cowan was
their counsel. He now found that Mr. Cowan had
stricken his appearance from the docket.
William S. Waters, Esq, arose and said that ne
was counsel for Miller, and that he desired seve-
of the trials and was ready to proceed if the
Court granted it.
The Judge said Mr. Cowan had spoken to him
about striking his name from the docket, but it
was not during the session of the Court.
Mr.. Cowan called, and the Judge said that
he had expected him to make motion in court to
strike his appearance from the docket
Mr. Cowan replied that in conversation with the
Court, he had stated that he intended to strike his
name from the docket, and objection had been
made. He desired that it should be done.
The Court ordered Mr.. Cowan's appearance to
be stricken off.
Mr. Whitney said he found himself in the same
ho Ip ,l,,J,
State was ready, one of the party without
counsel.
The Court said the cases were not analogous;
there was no day fixed for trial, but Mr.. Cowan
was to come in and fix some day; before this was
done, however, he had perfect right to strike off
his name
Mr.. Waters said Miller was ready to go to trial.
the only question was whether the Court would
consent to sever the Indictment. The prisoner
thought that the evidence brought out in a Joint
trial would prejudice his cause.
Mr.. Whitney said he wanted to know how the
case of Hoffman stood, and ordered Hoffman to be
placed at the bar.
In reply to q question, Hoffman said he was moi
ready for trial. and that Mr. Yellott was his coun,
sci.
Mr.. Yellott remarked that he had been called
upon in the morning by brother of the prisoner
to act in the case. He had not examined any wit
nesses, nor had he yet consented to act as
sci. He desired the indulgence of the Court until
tomorrow, (this) morning, when he would come
take the case, and then fix day for trial.
Mr.. Whitney then recapitulated the facts con-
nected with the case since the parties had been
raigned; referring to the striking out of Mr..
Cowan's name, and the motion to sever the trials.
Mr.. Waters said his proposition was to sever the
trials and take up Mier's case at once. He knew
nothing about Hofmans case. The only testimony
in the case, which he knew anything about, was
that taken at the COroner's inquest. Now he con-
sidered that if there jonttr evidence would
be brought out against Hoffman, which would pre-
judice the of his client.
The Court said that the party entitled to a
severance upon that ground. If the evidence was
different in both cases, and the testimony against
would prejudice the trial ofthe other the Court
would grant it.
Mr.. Whitney then said that as the Court had de-
cided to sever, the State would avail itself of its
privilege, and elect which of the prisoners it would
try first. He asked the Court if that was not the
practice.
The Court remarked that the State could elect
which party to try first.
Mr.. Whitney said he would wait until morning
before he announced anything in relation to the
cases. He wanted to know first what would be
done as to Hoffman.
The dav for the trial of the parties will be fixed
this morning.
Mr.. Whitney here called the attention of the
Court to paper which had been left at his office in
the morning, and which he read to the Court. 1t
was an affidavit sworn to and signed by one VIM.
O'Keefe which set forth that the State could not
have fair and impartial trial in this Court in the
case of the State Miller and Hoffman, and sug-
gesting that it be removed to Baltimore County
Court. Mr.. Whitney said he would like to know
who the States Attorney was, and whether Mr..
0'keefe bad been admitted to the bar.
Mr.. O'keefe was then called up, and in reply to
Mr.. Whitney, stated that the affidavit had been
prepared by Mr.. Pinkney White, and that he
(OKeefe) had sworn to it. He said that he was
the only relative of O'Sullivan in the State and
he thought that he could not have a fair trial
here.
Mr.. Whitney said he was the proper one to Judge
of that.
Mr.. 0Keefe then remarked, that if the trial was
to be in this Court he knew some witnesses whom
he would like to have summoned.
The States Attorney said if he would hand the
names to him they should be summoned.
The Court then told 0'Keefe to stand down, he
had no right to do any thing in the name of the
States officer
Mr.. Whitney then stated to the Court that the
State ready, in the cases of the Express
rioters.
Mr.. Kraft said he was counsel for two of them,
George Diford and John Howard.
Mr.. Leakin said he counsel for VIM. Reese;
and, Mr.. Cowan, also remarked that he was counsel
for VIM. Cosgrove.
The gentlemen last named said they were ready
to go to trial. Mr.. Kraft said he was not ready;
would be ready in ten or twenty days.
Considerable conversation here ensued between
the Court, the States officer and the counsel for
the defence, which did not result in fixing any day
| for the trials.
| Mr.. Whitney.-"I think your Honor is as anxious
| to dispose of the business of the Court as | am
sir, there must be something done to clear the
docket of the accumulating every day. | be-
| lieve your Honor has made it a rule that when a
case is removed to another Court the party shall
either give bail before the record goes up or stand
committed until baied by the Court to whose uris-
| diction it has been sent?'
| Judge Stump.-''Yes, sir, the bail must be given
| before the COurt adjOurns on the day when the
| suggestion is hled.'
| Wr Whitney continued -teTban s;r ,,bor A.
| State is ready to try a case, and | call it up and
think there is disposition on the part of counsel
to delay, for trivial cause, will exercise the right
the State has, and remove it to Baltimore county,
! and have the party committed to TOwsontown
unless bail is given in proper time"
The Court replied, that the States officer always
| bad the right to remove cases, and the Court was
never disposed to interfere with the right. On one
occasion the Court desired the States Attorney to
remove case, but he had refused. He knows the
law about this well as the Court; if he did not
avail hmselfOf his rights, he ought not to complain
| now.
MIR. Whitney said he did not complains he merely
wanted to announce what would be his course here
| after.
Mr.. Kraft said he was prepared to fix a day, for
the trial of his client.
| Mr. Wbitney.-FWel tomorrow"
| Mr. Krat.-"Next Monday"
The Court thought there was more time con-
sumed in talking about fixing cases for trial than in
| trying them.
| MI. hrdlt.--'' w ell, L VIII HX lO-udy week.
| Judge Stump-''If the case is fixed for that day
you must try it or remove it, The Court think!
the law about removal of cases is very imperfect
and ought to be repealed The States Attorney
ought to have ten days notice of the intention OF
counsel to remove case. 1t is great loss of time
and great expense to the State. to get ready fol
trial. and then counsel come here at the latest mo-
ment and remove the cases. They have the right
to do it, however, the Court of Appeals have de
cided that case can be removed after the eleventh
| juror has been sworn"
Mr.. Whitney said that the election took place the
following week; if the trial was commenced he
would go through withit
The Judge said he intended to adjourn over on
Tuesday OF that week until Monday; some other day
| must be fixed. ..
Mr.. Whitney proposed to morrow.
| Mr.. Kraft.-'l won't be ready"
| After a considerable pause, Judge Stump said
''The Court feels good deal confused in endeavor
ing to get days apart for trial of cases. and ast
to get cases tried. The Court does not wish t.
| dr;1- al vhn ho