The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1860-01-31
La w WTELLH ENCE

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 re-
marked that he had understood that the jury in the
case of Alex. Gale, which had been out since
Thursday, had not remained together, but that one
of them, disregarding his oath taken before the
Court, had left the jury-room during Saturday
night and gone home. If this was so, he Whitney,
would object to taking any verdict from them, as
under the circumstances, exceptions would be taken
and the case would have to be tried again. He
would ask that the jury be sent for, and let the
Court hear and ascertain the facts. If it was true
that juror had separated, alleged, the party
should be punished for a contempt, and the panel
discharged.
The jury was accordingly sent for, and came in
to Court.
In reply to the Cerk, the foreman said they had
not agreed.
Judge Stump-Gentlemen, the Court is much
troubled about your not being able to agree, after
being out long. The Court thinks the
Legislature will have to enact different laws re-
gard to jury trial. As in countries fifteen
men compose jury, and two-thirds of them can
make verdict. The Court only throws this out
to what might be done. Now here, man is to
be starved out for a verdict. ga man convinced
against his will, is of the opinion STILL" The
Court is very reluctant to discharge yOu the Court
has heard that of the jurors left the jury-room
and went away; this is offence which is punish
able by fine and imprisonment the Court will now
pr oceed to hear the testimony in regard to this
matter.
Mr. Whitney.-Call up officer Burke.
Mr.. Burke, one of the bailiffs, was called and
sworn. He stated that himself and bailiff Elder
took charge of the jury Saturday afternoon
about 27I o'clock; the jury remained together in
their room; the jury went to bed about IL O. clock,
and at ii q he went into the room with lamp and
found all of them there; Mr.. Robinson was there;
the door leading to the watercloset locked and
the key out OF the lock; satisfied all was right,
Qrdl fhar 1Np1 t1nI
side; down stairs and found the door leading
to the street locked and the kew out; went to the
bar room door and got cigar, then went up
stairs and smoked about ten minutes, after that
went to bed; was awakened about six O'Clock by
some Of the jurors got up and went down and un-
locked the door of the ury-room; the foreman then
said that Mr.. Robinson had gone out; was sur
prised found that he had gone out the door leading
to the closet; while talking with some of the Jurors
Mr.. Robinson returned; told him he had done
wrong to leave, and also that it would be reported
to the Court; Robinson said he did not care, and
glad of it; he said he had sent for a shirt and
could not get it, and went out for it; do not know
how he got out of the house.
Mr.. Whitney-The fact is established SIR that
the jury have separated; under the circumstances
verdict cannot be taken. The jury will have to
be discharged. | consent to their being dis
| charged, sir.
Court-Let's hear what the jurors know about it.
| Mr.. Whitney-Swear Mr.. Farland.
| Mr.. Daniel Farand, being sworn, said that he
not know at what time; he saw Robinson, through
| the window, in the street, Sunday morning; wher
we were going to Sherwood's on Saturday Robin
| son said ''lts not very clear to my mind, that
| won't go home tonight" did not caution hin
about such an act thought the man understood hi
| position better.
Court-Do any of the other jurors know an,
thing about this? Mr.. Caughy what have you t.
| say?
Mr.. Caughy (foreman) said be knew that Mr.
| Robinson had gone off; did not know the exac
| time; think he " as absent about an hour or al
| hour and half.
Another juror said that be saw ilr Robinson in
| the street about O'Clock Sunday morning.
| Court.-Mr. Robinson, the Court is satisfied tina
you have misbehaved, in leaving the jury as 20,
| did; this is an offence the Court must punish b.,
fine and imprisonment; what have YOU to saw in re
| lation to your conduct.
Mr.. Robinson.-There have been witnesses ex
amined here, sir, to criminate me; if l to b.
visited with any penalty, think / ought to b.
heard; ought be allowed to rebut that testimony
there are some circumstances connected with th
matter which, if heard would extenuate the act
particularly about the period of time alb
sent
Court.-That don't make bit of difference
| Have you any testimony to contradict the fact tha
you were out of the jury-room? How long yo,
were out is of no consequence.
Mr.. Robinson.-I show circumstances con
nected with the affair, which would mitigate m,
| offence, If any. This thing would not have beel
brought to the notice of your Honor if the bailif
were not endeavoring to screen their own conduct
which might be censnred by the Court.
Court-You ought to have known better If
juror goes out and separates from the other Jurors
they will have to be discharged ard the case al
tried over again, your conduct is deserving of pun
ishment.
Mr.. Robinson-Your Honor, was called as
tales in this case last Tuesday, by Sheriff Afford
tried to get off but could not. / am an officer of
public institution in the city, working for nv brea
at very small salary. | came to this Court an
unfortunately was selected on the jury. On Satul
day when you directed the jury to go to hotel, a
their own expense, being an extremely poor mar
and knowing that | could not afford to pay tw
dollars day for board, asked that word be sen
to my family for linen and something to eat NJ
son brought bundle to me, and one ofthe bailifi
said that could not get it without its being frs
examined My son then said the bailiff could'n