The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-11-08
IA W INTELLIGENCE

CRIMINAL CoURT-Hon. Henry Stump, Judge.
Milton Whitney, Esq, States Attorney, prosecut-
ing.
The following occupied Yesterday:
After tho names of the Grand Jurors were called,
Judge Stump addressed them and said that there were
certain rumors abroad, and remarks had been made
in the community in regard to the action of this
Court in relation to the course it would take CON
cerning the late election for States Attorney
These rumOrs had perhaps reached the ears of the
members of the Grand Jury, and perhaps might be
the cause of some embarrassment in their inter
course with that officer during the balance of his
term. 1t necessary therefore, that they should
understand perfectly the nature of the case. and
therefore the Court would read the law in relation
to the matter.
The Court then read sections 1st and 2nd of arti-
Gle 5th of the Constitution of Maryland, follows:
ARTICLE v-THE STATES ATTORNEYS
SECTION There shall be Attorney for the State in
each county and the city of Baltimore, to be styled The
States Attorney who shall be elected by the voters
thereof respectively, the first Wednesday of Noyem
Der and the day every fourth year therea
ter hold his Gce four years from the first Mon
day Of January ensuing his election,
shall be elected and qualified shall be re-
eligible thereto and be subject to removal for incompe
tency wiful neglect of duty msdemeanor in office,
conviction in court of law.
SEC . All elections for the States Attorney shall be
certified to- and made thereof by the clerks
the said counties and city to the Judges thereof having
criminal jurisdiction, respectively whose duty it shall be
to decide upon the elections and qualifications of the per
sons returned and IN case OF tie between two
persons, to designate which of said persons shall qualify
Attorney,
to the persons elected.
The States Attorney elected for the term of
four years. which term expires on the first of Jan
uary next; he Is, therefore, certainly the StaTc's
Attorney until that time. There would be no
question before the Court now as to that election;
the question would arise, whether he was elected
States Attorney at the election Just held, which
the Court has nothing to do with until the certified
returns are handed to it. The Court merely made
these remarks from the fact of certain rumors in
the community, at this time, in regard to the ac-
tiOn of this Court cercerning the late election -
You will therefore perceive said the Judge that Mr.
Whitney is States Attorney until January lst
and that you at liberty to consult with him or
Mr.. Pinknev such until that time, without anv
restraint upon all matters relating to your duties
as Grand Jurors.
The Judge, during his remarks, said something
about frauds in all elections on both sides but
wnat he actually did say neither the reporters nor
the Grand Jnrors were able to hear.
| The jury then retired.
! The Court inquired what business was fixed for
| to-day.
Mr.. Whitney said that after the trial of Hoff-
| mans case it was understood that the case of
George and William Coulson would be taken up
Mr.. McAiSter, one of their counsel, said thev
would not be ready to g. on to-day, (Monday,) but
would take up the case Of one of them tomorrow,
! (to-day.) They could not go on with the other
! however, as Mr. Yeott was obliged to be at Belar
| Mr.. Whitney said the Indictment had not been
| severed yet. The State would not consent to take
up of the cases. and after its conclusion not
| ceed with the other. The same difficulty might
arise in Hoifman's case.
Mr. McAlister proposed to postpone them for
! three weeks, on account of the engagement of Mr..
| Iellott at Belair.
The Court thought Mr.. Yellott was engaged
here, as well as at Beair, and that he had better
send word to Hartford to that effect.
Mr.. YellOtt came in and said they would trv Geo.
Coulson tomorrow, (to-day, and then try William
in three weeks.
The State would not consent to this, and after
considerable conversation, which was participate
in by the Court the States Attorney and the
counsel, in which Mr.. McAllster said they did not
intend remove the cases. the trial of both was sci
down for Monday, the 28th day of November, in
| stant.
The trial of George Burke for the murder o
VIM. w. Taylor, was fixed for Monday the 2lst
instant, and the case of Thomas Connery, charged
with the murder of his brother, was set down for
next Monday morning.
A jury de IundticO inq1irendo was then empanel
led, and Anna Mckinley found to be unatic anC
pauper, and ordered to confined be at the State.
expense in Mount Hope Hospital.
William H. Collin, ESQ.,. here arose and said
May it please yonr Honor, desire to make a few
remarks, in relation 20 subject which l am com
pelled as sense of duty to call to the attention
of the Court.
During the whole time Mr.. Creamer has hell
the office of Sheriff of Baltimore CITY, | hav
been his legal adviser in all things pertaining t.
his duties Sheriff. | believe, sir that few mel
have filled that post with more frmness, integrity
and honesty of purpose than Mr.. Creamer. | be
lieve, sir, that lie has cOnscientiously performed
his duty, and if, during his time he has at an,
time erred, his mistakes have been mistakes O
the head and not of the heart In summonins
Jures for the several Courts, and in all his higl
and responsible duties, believe that he has beer
guided by sole desire to do what was right ant
honorable before this community. Believing al
this, Sir, what was nv surprise, when / found hin
charged, in newspaper of this City, on the first
November, with being privy and acting in compiled
, against the State. On the 1st of November ther
appeard in the Bdltimore Republican, a communica
tiou signed by member of this bar, in relation t
the trial of one Hoffman, in which Mr. Creamer i
} there directly charged with packing the jury;