The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1860-12-10

| sible.-The Court then, turning to the Grand
| Jury, remarked that it might as well discharge
! that body until some future day-unti next Sat
urday, to give time for the Court to appoint
prosecutor, and have the indictments drawn -
Mr.. heighler, foreman, said the Grand Jury desired
the Court use its own discretion in the matter;
| they would prefer to make no suggestiOns.-Mr.
| Pitts-"We object, your Honor, to so long an ad
| journment-say until TueSday-you have time to
make an appointment to day. ."-Court-'Th
! the prosecutor would have to draw the indictments
on Sunday MIR. Pitts-"They might be drawn
to-day or tonight. Mr. Pinckney here re
| vague that it would almost be impossible
| for any to plead upon them.-
Mr.. Pitts took hesame view in regard to the pre-
sentments-The Court said that If the present.
ments could not be pleaded upon, then the prose
cution would fail altogether.--Mr Pitts said they
were ready to traverse the prescnments, and go to
trial upon them.-After a few further remarks,
the Grand Jury were discharged until Tuesday,
the Court implying that it would appoint prose-
cutor in the case.--The Saturday cases then
called, and the Court asked Mr.. Pinkney if
Mr.. Pinkney said they were OF quite different
character from those just under discussion. He
held no Office in the Court, and Mr.. Whitney had
strictly enJoned him from appearing there as his
doputy.--The Court remarked that MIR. Pinkney
was member of the bar, and he would appoint
him to prosecute the cases.--The following then
occupied the Court for the remainder of the day:
William j. Jones compromised an assault upon
Robert Tate, by payment of cOsts.--Christiana
Walton forfeited recognizance. Fined 81 and
costs.--James Webster and John Brock
err cross-acton for assaults; compromised
upon payment of costs.--J. Y. Elliott
compromised an assaul:.-David Patterson com.
promised an assault, paying costs.-Patrick o.
MeaIy, assault on Mrs Anne Donohue; guilty. Fined
$40 and costs G Gs;TFrederick Sanders, charged with
assauiting VIM. Baugh, by cutting him under the
eye with knife, adjudged guilty. Fined 81 and
costs and imprisoned two weeks.-Patrick Lam
ahan, charged with assaulting Thomas Roland,
6pnH mai nof1t
tor selling liquor on Sunday, and was admitted to
bail in $500, Domnck McDevit, bondsman.-
Previous to the adjournment of the Court in the
early part OF the week, several Indictments were
set down Tor trial on Saturday. When the regular
cases for Saturday disposed of, the Court, in
reply to some of the counsel for the parties in
dicted, said that there was no States Attorney
and that Mr.. Pinkney, not being sufficiently ac.
quanted with the facts in the cases, it might work
to the injury of the State to try them without the
prosecutor being sufficiently acquainted with the
facts. The Court would postpone the cases until
Tuesday. One case against John Showacre, for
malfeasance, mi In falsely imprisoning boy named
Charles Dougherty, the Court said it had before
heard the facts on the trial of officer Summers on
the same charge, and would try it. The evidence
IN the case was, that the boy had been arrested on
warrants properly issued. on the charge of throw
ing missiles in the street Upon trial three fines
were imposed, and ca. Sa issued. Officer Sum-
mers arrested the boy and he was confined in the
Southern police station until O'Clock in the even
when Mr. iambleton, attorney, proceeded there
and assured the squire the fines would be attended
to- and the boy released. Under curia--
After this Arthur w. Machen, ESQ, came into
Court, and Judge Bond remarked that he had sent
Tor him to act as the States Attorney in the prose-
cution of two indictments against the States At
torney, Sir. Whtney.-Mr. Machen replied that
it was the first intnation he had had OF the intep
ton of the Court to appoint him to such position.
lie thought that such appointment would be incon-
sstent with the prosecution of his other duties He
know hn had he IN rafuc =
pointment, if requested to act by the Court
and if the Court thought such appointment was
for the public interests. He would have
several cases at Towsontown after the call of the
criminal docket, and had also case in the Superior
Court within the call, which wonld certainly be
tried in a day or two.-The Court said it had no
power to compel member of the bar to neglect
his business if he desired to decline for those
reasons.-Mr. Machen said it was solely upon
that ground, that he would not desire to undertake
the prosecution.-The Court then remark
ed that it would excuse Mr.. Machen.-
Joseph Dunn, committed by Justice Hiss on the
Goth of November, for co days, under the yagrant
act was before the Court upon writ of hobeas cor
p"s. John H. Ing, Esq, for petitioner. Witnesses
were examined who said that Dunn was a shoe !
maker, and supported his family bv his work
Justice Hiss stated that Dunn was committed on |
the oath of officer Bransby, who found him near
Marsh Market with piece of beef under his coat
He was charged with the larceny of the beef, and
also with oafing about the market house and being
vagrant He (Hss) dismissed the charge of lar. |
ceny and committed him under the vagrant act as
he thought that was the best to dispose of these
petty larceny He had sent several before the
Grand Jury, and that body had dismissed them
The Court remarked it was the province of the |
Grand Jury to investigate such charges, and if /
there was no testimony before them, to order the |
discharge OF the accused party. 1t rather an
unusual proceeding Tor magistrate, when party |
was charged with larceny, to commit him as a vag
rant; under the same rule if was arrested for |
burglary, he could be committed for bgamy.- !!
Officef Barnsby testified, that he arrested the man
At ~ o'clock, on the morning of Thanksgiving
lay, on suspicion Of stealing piece of bacon and |
cook him 10 the station house. He did not make |
oatn before Squire Hiss that Dunn was vagrant. |
The Court ordered the discharge of Dunn Dunn, |
-hen, through his counsel, petitioned the Court |
That a warrant issue against Charles d. Hiss, |
Magistrate, charging him with malieasance in of |
1ce In false imprisoning him, so that the matter
might be sent before the Grand jury The |
Court said, 1T would issue no writs until it got a |
states Attorney.-The Court adjourned until
Monday (this) morning
The following are copies of the presentments, as
lied by the Grand Jury, against Mr.. Whitney
In TIE CRIMINAL COURT OF BALTIMORE,
September Term, 1860.
The GRAND INQUEST of the State of MARYLAND for
the body oft the city of Baltimore do, on their OATH
present Milton Whitney for mafeasance in office |
in not keeping his accounts in conformity with the
requirements of the Constitution of the State
and incorrectly stating the same on or about the
ourth day ofDecember, 1860.
BY order of the Grand jury
WIN. H. KEIGLBR, Foreman. |
Witnesses: :-McCubbin, City Comptroller; VIM.
Il. Purnell, Comptroller of the State; ex.Sherif |
Creamer; ex-Sherif Gaskins.
In THE CRIMINAL CoURT OF BALTIMORE |
September Term, 1860, |
THE GRAND INQUEST of the State of Maryland for |
he body of the city of Baltimore, do on their oath
present Milton Whitney for derection of duty on |
he trial of Erasmus Levy, indicted by the Grand |
Jury for the murder of Franklin Ii. Naff, by omit
ling to call to the stand Daniel James, a most i'm
portant witness on the part of the State, whom he
knew to have been summoned by the State, and |
also knew to have been in Court during the trial |
Also emitting to call to the stand Sergeant McCo-
mas, when informed that he could identify the par
ties in the case of the State Us. Erasmus Levy and
John English, tried for fioting at the 10th ward
polls. Also in the case of the State rs. Madison |
tried for riot in the Exchange office, for not allowing
sufficient time for Captain Mitchell, a most import
ant witness for the State to be brought into Court
being informed that he could identify the party on
or about the - day of of--, 1856
By order of the Grand Jury,
WM II. KEIGHLER,
Foreman.
Witnesses Marshal Kane, Daniel James, Ser
Mp(lomas Wali