The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1860-03-20
la W INTELLIGENCE.

I CRIMINAL COURT.-Hon. Hugh Lennox Bond,
Judge. Milton Whitney, Esq, States Attorney,
prosecuting.
! The following occupied yesterday:
Caroline Jones, (negress,) indicted for stealing
sundry articles from Mr.. John Keys. on the 5th OF
! January last, was arraignPd, and pleaded not
guilty. G.. l.. Kraft assigned as COUNSEL trial fixed
for Friday.
John Kurtz, boy, indicted for stealing on the
18th of January, the sum of S7.64 from Mrs.
Catharne Huts, pleaded not guilty. Trial fixed
! for to-day.
Lemuel Burke. indicted for stealing one silk
dress, valued at SIS, and one fur cape valued at
So, the property of Henry Burke, pleaded not
| guilty.
VIM. Henry alias VIM. Z. Bauersocks, indicted
for stealing eight live chickens from VIM. Thigh
man,pleaded guilty. Sentenced to six months con-
| finement in the penitentiary.
John 0ffley (negro) indicted for stealing nine
live chickens from Andrew Birmingham, and one
! chicken from John Warrick. pleaded not guilty.
He had COUNSEL said his brother-in-law would
! get him counsel. Trial fixed for this morning.
the Judge remarkng that if he procured no
counsel by that time, the Court would act as cOun-
! sci for him.
Wesley Wa tkins, indicted for stealing five steel
| rings, valued at Is cents each, the property of
Jeannette Himble, pleaded not guilty, and said Mr..
| VIM. +. Preston was his counsel.
Mr.. Whitney remarked that parties were fire.
quently arragned and pleaded not guilty stating
| that certain gentlemen their counsel, and
| that when the day fixed for trial the counsel
named would come in and say they not in the
case: by this means the were postponed from
time to time. He asked what rule the Court would
| adopt in cases of that kind.
The Court said that the day for peremptory trial
must be fixed, and that if on that day the counsel
were not prepared to proceed, the Court would as
| sign counsel, and the trial go on at once.
| The trial of Watkins set down for Friday
The Court passed rule that list of all. forfeit
ures of recognizances be returnedby the Sheriff and
IN thaH IL,
The cases of John Bordley and William Benson
charged with larceny, were fixed for trial Friday
morning.
The hour of II o'clock having arrived, the Grand
Jury were called.
The Judge addressed them as follows
| Gentlemen of the Grand Jurv:
1t is not necessary, under the new Code, for the
Court to give ycu any instructions in regard to
| the various acts of Assembly by which you shall
| be guided in finding your presentments The
Court would merely say, that by prompt attention
to your duties great deal be done in the sup
preston of crime and disorder in the CITY, 1t is
not so much the severity of punishment as the
| prOmptness with which offenders are brought to
justice, which will tend to prevent the commission
of crimes. The Co TT will 10 all in its power to
bring about these good results. you desire any
legal advice, it will be furnished to YOU by the
States Attorney or the Court
State as. George P. Harlan, indicted for break
ing into the house of Edward W. Jones' on the
corner of North avenue and the York road, on the
nlput OF tDe Z0tn OF July last, and stealing there
from eleven hundred and fifty dollars and gold
watch and chain.
J. T. Atkinson assisting the State Messrs Rit-
chic and Renshaw for the defence.
Several witnesses were examined but the case
was not concluded at o'clock, when the Court
took recess for 80 minutes
The Court reassembled at 81 o'clock: one of the
jurors not appearing until ten minutes of four the
Judge remar ked that he was desirous of proceed
ing with business rapidly as possible and he
wished it to be distinctly understood that when he
SAID there would be recess for half an hour, he
did not meal an hour or an hour and a half
The examination of witnesses in the case of the
State as. Geo. p. Harlan, resumed and concu
ded at 81 O'Clock, when the counsel proceeded to
argue the case, and at o'clock the indictment was
handed to the jury, who, without leaving the box
rendered a verdict of guilty.
Mr.. Ritchie gave notice of his intention to file a
motion for a new trial.
10 o'clock.
CmCUIT Court FOR BALTIMORE CITY.-Hon Will
liam George Krebs, Judge. The following occu-
pied yesterday:
The matter of the petition of VIM. H. II. Tnrner,
Esq, claiming to be restored to the clerkship of
this Court came up yesterday morning.
Charles F. Mayer, Esq, appeared for Mr. Tur-
ner, late clerk, and Robert Barry, ESQ., for Thos
B. Gather, Esq, the present incumbent
Mr.. Mayer desired to be heard in an argument
claiming the office for Mr.. Turner on the ground
that as the House of Delegates had declared that
vember last, and that therefore Mr. Turner could
hold over until his successor was duly elected and
quaifed-that there being no election and oualiti-
cation of successor, Mr.. Turner's functions con-
tinued
Mr.. Barry expressed his opinion, taking the
ground that the House of Delegates had transcend
ed their power, in declaring that there was no
election, and that the office vacant; that the
Constitution conferred no such power on that BODY
and that the resolution passed by the House was
unconstitutional and void, and that Gather retain
ed the Office having the commission from the Gov
ernor, and having qualified in due form by law
That this proceeding also irregular on the part
of Turner. That, even admitting the Governor
had improvidently issued commission to Gather
the new Code pointed out the mode in which this
matter was to be decided, which was by the issuing
OF quo carranto at the instance of the States At
torney, of the city or county where such question
might arise.
Judge Krebs said that under the resolution of
the House OF Delegates, as it appeared from the
certified copy, he could not do otherwise than con-
slider the office vacant that in point of fact it had
no clerk, and that he could not entertain discus
sion which might last for several days. and present
grave constitutional questions, which the Court
could not pass upon in such a way that they could
be definitely settled by appeal. He had no right to
disregard the resolution of the House of Delegates
That primG tdcie it was right, that body having
carefully examined all the matters and incidents
connected with the election, and that this Court
was bound to respect the actions of that body
That the duty of the Court was plain under the re-
solution, and that if there was right to the office
either on the part of Mr.. Gather or Mr.. Turner
there another tribunal where the questions
arising could be passed on by the application for a
mandamus. The Judge further stated that he felt
himself precuded by the principles that governed
the Court in the former case of Turner us Gather
from entertaining any question in regard to the
validity and constitutionality of this resolution
emanating it did from the House of Delegates
protesting to act under authority conferred by the
Constitution.
COURT OF COMMON PLEAs.-Hon. VIM l.. Mar
shall, Judge.
The following occupied yesterday:
Samuel Bevan ct al Adolph Letcher At
tachment on warrant. Motion to quash Attach
ment quashed. Carey for the motion; Marshal
against it.
SUPERIOR CoURT.-Hon. K. N. Martin, judge
The following occupied yesterday
Hanson as. Atkinson. Judgment for defendant
for return OF property.
Assignment to-day 83l to $50.
UNITED STATES DIsTRICr CoURT-Hon. VIM. Fell
Giles, Judge.
The following occupied yesterday:
VIM. L.. HOweth and others Us. the ship "On.
ward" and Master. Libel for wages. Libel dis
missed Each party to pay his own costs.
John lIavier rs. James S. Clark. Libel for wages
Decree for $40 and costs.
A