The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1860-09-17

last when inquiry was made by prominent
merchant, as to what had been done with the
case, Mr.. WHITNEY stated that nothing had
been DONE as SoMERs had not been
seen since the writ was issued. The inference, Of
course, was that if SoMERs should make his appear
ance here again, and the fact should be made
known in the proper quarter, his arrest would
speedily follow. Now mark the sequel. Three
days subsequently it was intimated to the Sheriff
that SoMERs had returned, and was to be found at
the Gilmor House. The writ was at once placed
in the hands Of Deputy Sheriff and SoMERs was
arrested. Then, and not till then, it was discov-
cred that on the Both of june bell less than sixty
days from the time when the Indictment was fled
a pla of "not guilty. had been entered in the
case. As this could not have been done without
the cognizance of Mr.. WHITNEY, it appears not a
little singular that he should have kept secret that
fact, in explaining to a merchant interested in the
case, the reason why SoMERs had not been brought
to trial AS there seems 10 be some mystery con-
neced with this affair, we respectfully call the at
tention Of the Grand Jury to the matter as one
which requires calculation. A former Grand jury.
upon evidence which they regarded as sufficient,
bring in true bills against two persons charged
with being parties to the same offence The
County Jury before whom FITZPATRICK elect
ed to be tried, brought in verdict against
him, and thus concusivey affirmed the previous
action of the Grand Jury. Yet in the face of the
evidence which subsantated the guilt of FITz-
PATRICK, Mr.. WHITNEY causes II plea of mot
equity" TO be recorded in favor of SoMERs, al
though the same testimony which convicted his
accomplice was within reach ard could readily
have been brought forward. This case of SoMERs
was intended by our merchants to he made
test case-many Of them having suffered heavily
in their business from the IMMUNITY with which
the agents and principals Of foreign houses have
been permitted to dispose of goods in this State,
either without taking ont license, or under cover
of license surreptitously obtained They were
prepared to show that SOMERs had boosted of hav-
ing sold, within the brief space of one year and
under FITZPATRICK s license, merchandise to the
amount of eighty thousand dollars AS quite
number Of other persons from the Eastern cities
have operated in the same way, those in our COM
munity whose trade has thus been interfered with,
are anxious to know what considerations moved
Mr.. WHITNEY to relieve prominent offender from
the penalty he has incurred, and by what process
of reasoning the District Attorney came to the con-
cluSon that the evidence which convicted FITz-
PATRICK only went 10 prove the innocence of
SoMERs. Ifindictments deliberately found by the
Grand Jury can be so easily set aside, it is
proper that the public should understand the fact,
and we respectfully suggest TO the Grand Jury,
now in session, that it is their province to ascer-
tain whether, in this instance, Mr.. WHITNEY has
not abused his authority. The case of SoMERs
is one in which our merchants are deeply interest
ed, and as it does not stand alone, it might very
properly be made the starting point in a general
examination into the charges which have been
publicly made against Mr.. WHITNEY, and which
that officer would doubtless rejoice to have inves
tigated by so competent a tribunal