The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1860-01-19

CRIMINAL COURT.-Hon. Henry Stump Judge -
Milton Whitney Esq, States Attorney, prosecut
ing.
The following occupied yesterday:
After the call of the jurors, Mr. Whitney called
the attention of the Court to the case of Sarah Mer
Ger, witness, now confined in Jail, in the case o
Thomas Hoffman, indicted for the murder of Hugh
ID. OSulliyan, and for whom bail was asked on the
previous day. He said that he had been at the
Jail, and learned that the woman had already beer
there five months. 1t was very hard that she
should be kept there, he knew, but it was absolute
ly necessary that she should remain as she was the
only witness on the part of the State who coulC
testify to the shooting. The counsel in the case
mad filed paper asking for a discharge of Hoff
man, and he would desire to argue that motion al
once, and dispose of it; that the case could be
brought to trial.
The Court asked on what ground counsel asked
for the discharge.
Mr.. Whitney said they took the position that
Hoffman had already been put upon his taial after
the twelfth juror was sworn, and that his life
could not be placed in jeopardy the second time fol
the same offence. Mr.. Yeott and Mr.. Sweany
were IN the case, and he desired Mr.. Sweany tC
come in and fix a day when the motion could be
argued.
Mr.. Sweany was sent for.
MIR. Mcfarland asked the Court to fix the bail il
the case of James Hutton indicted, with other par.
ties, for riotng Federal Hill.
Mr. Whitney objected to any bail being taken; he
said there were five or six parties indicted for riot
ing, taking horse and carriage, and then resisting
the officers and shooting at them. The newspapers
were full of accounts of the affair One of them he
said, had been bailed without his knowledge-a man
named John Welch
The Court said it had taken bail in that case, be
cause 1t was represented that the was indicted
for rioting. Hereafter no bail would be taken in
the absence of the prosecuting attorney.
Mr.. Mcfarland said it was a bailable offence
and hoped the Court would fix the amount of bail.
Mr.. Whitney then examined the indictments, and
stated to the Court that Welch and Hatton were
Nv tn ami lie Of tbn nft
party, four in number were indicted for rioting,
assaultlng and shooting at the officers.
The Court, in Hutton's case, fixed the bail at
$780, the father of the accused becoming his bonds
man.
The States Attorney directed the Clerk to fix all
the cases for trial tomorrow (this) morning, and
SAID that II the parties were not ready, he would
remove them to Baltimore county.
The Court inquired who the counsel were in the
six cases.
The Clerk replied that he had received no orders
to enter the appearance of anv one on the docket
Court (to Mr. McFarland)-I thought you
were counsel in one of the cases, else would not
have heard your motion. Now, want You to en-
ter your name on the docket.
Mr.. Mcfarland said he only appeared to make
application for ball. but would enter his appear
ance in Hutton's case.
MIR. Sweany came into Court, and Mr.. Whitney
that M Yeott the The sanidr 1 hc1 hSn ABt I d I fI
paper Tor the discharge of Hoffman. Mr.. Y elliott
was at Annapolis, and desired him (Sweany) to
say that he would prefer that the Court fix some
Saturday, when he (1 elott) was not engaged, to
hear the argument on the motion to discharge.
Court-Fery well, I'll take it up Saturday
MIR. Sweany-That will do, sir; you mean Satur-
day week?
Court-No, l don't; mean next Saturday.
MIR. Sweany remarked that was hardly time
enough; he wanted to confer with his colleague be-
fore the argument, and Mr. Yellott could not be
here in time.
Mr.. Whitney-If you write now he will get the
letter tonight.
Court-It won't do to put it off another week.
the jury are kept waiting here so long doing moth
ing.
Mr.. Sweany-We don't expect to have jury
trial-we expect to have him discharged
Mr.. Whitney-lf you expect him to be discharged
soon as possible.
The time for hearing the argument was set down
for Saturday next.
The following parties were then arraigned:
James L. Thomas, indicted for the larceny, on the
4th inst, of tin box, containing a large sum OF
money, the property of Hamilton Easter d Co..
pleaded not guilty. In reply to the question
whether he had counsel, he said that he would pro-
cure counsel to-day; he was waiting the arrival o
Mr.. Owen Il. Humphreys from Washington.
Mr.. Whitney told him his case would be taken ur
on Tuesday next.
William George JONES' indicted Jointly with
Thomas for the offence, pleaded not guilty
Sheppard II. Leakin, Esq, appeared as his coun-
John W. Thomas, indicted for the larceny, on the
10th December last, of a quantity of clothing be-
longing to Thomas H. Tolson, pleaded moi
guilty.
james Haskins, indicted for stealing, on the 23t
of November last, one anchor, valued at SIS, the
property of the Cumberland Coal and Iron Com
pany, pleaded not guilty.
George Smith, indicted for the larceny of 40 lbs
OF mould candies, the property of Cornelius kidder
pleaded not guilty. He said he had no counsel OIL
witnesses, and was ready for trial. Trial fixed fol
| to day.
Stephen Harris (negro), indicted for stealing
number of articles of wearing apparel from Jane:
E. Murdoch, pleaded not guilty.
James DOugherty, youth, indicted for stealing
| twelve shawl-pins belonging to Daniel Maloney
pleaded not guilty. No witnesses-ready to bt
| tried. Trial set for to-day
John Bell, a youth, indicted for assaulting Nicho
las Bonard, and stealing his hat and silver watch
| pleaded not guilty.
Ernest Dosh, indicted for stealing 80 lbs O
| iron valued at % cents, the property of Levi
| JONES' in reply to the question whether guilty o.
not guilty. said he did take small trife of iron
| but it didn't amount to much Plea of not guilt
| was afterwards entered
| Charles Reed alias Skinner indicted for feloni
| ously assaulting, the 3lst of December last
James Stevenson and stealing from him about $40
| pleaded not guilty.
James Wilson, indicted for stealing on the 2ls
of December, 1859, pistol and gold ring belong
ing to Benjamin DE Wolff, pleaded not guilty.
|
| ness was in the county.
The States Attorney told him to be ready oil
Tuesday, else he would be sent to the county to b.
! tried.
| John Wilson alias Charles Delord indicted TO
| stealing a purse containing of money
| belonging to Alexander Maxwell, pleaded no
| guilty.
This is one of the parties who were tried 70
rioting on board the steamer Express last summer.
Henrietta Haley or johnson, (negress, } indicte
| for stealing Sl650 and one shawl, the property O
| George Reinhardt, pleaded not guilty. Ready 70
trial, and will be tried to-day.
| All the above cases, except when otherwis
mentioned, were set down to be tried next Tues
The recognizance of Samuel Tatum, one of tn
! hack rioters, against whom indictment wa
pending for assault and battery, was forfeit ed
| The States Attorney directed the Sherit
to bring him in under the forfeiture an
commit him on that, as well as the warrant for tn
hack riot.
Alexander Levy forfeited his recognizance in
of assault and battery, and the Sheriff was OF
| dered to commit him that charge, and also 70
| shooting at George Kilhotz.
| Augustus Ford, indicted for assault at the las
| Term, had not been arrested. The States Attorne
ordered the cuptaS ressued, and directed the Sher
to bring him in, as he had been engaged in othe
forays since that time.
The Grand Jury found several bills for keepin
| bawdy houses.
The Court at u o'clock adjourned until thi
| morning at 10 o'clock.
| SUPERIOR CoURT.-Hon. r. N. Martin, Judge
| The following occupied yesterday:
| Elisha Warford and others US. Richard Colvi
Warford. An action of ejectment under the wi
of the late Rachel Colvin. Before reported. Argu
ment on the part ofdefendant concluded by the Hor
Reverdy johnson. VIM. Price, Esq, for the plair
| tiffs, will speak this morning.
| CIRCUIT Court FOR BALTIMORE CITY.-Hon. Wn
George Krebs, Judge.
The following occupied yesterday:
r. H. Hare vs. George r. Price and others Nc
tion to dissolve injunction and exceptions to al
swer, argued. Thos. Donaldson Tor complainant.
j. Dean Smith for defendants.
CoURr OF COMMON PLEAs.-Hon. Wm l.. MAJ
shall, Judge.
The following occupied Yesterday:
| 8. N. Carvaho cs. Sarah Jane johnson, admir-
istratrix of VIM. c. Wait. An appeal from Justic
Showacre. Judgment affirmed.
Jacob Watemeyer ps. b. r. Boyd. An appei
from Justice Alexander. Judgment affirmed.
Henry C. Rau and George Rau rs. Reuben Hech
An appeal from Justice Morrison. Judgment r.
versed.
Assignment for to-day 1s5 to end of docket.
UNITED STATES CRcUIT CoURT.-Hon. VIM. Fe
Giles, Judge. The following occupied yesterday: