The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1860-04-02


up fugitive from justice. The Court replied that
two wrongs would not make right in this Court
MIR. Hack-But would not your Honor respect
the opinion Of Judge Archer?-The Court said
it would If it thought the opinion was right The
Constitution OF the United States, however, made
provision for the action of the Court in such cases
Mr. Hack said that the identity of the prisoner
must be clearly shown.-Mr. Pinkney said he
wanted to show that the party named in the requis-
hon as James Graham was the same person as the
Daniel Brown who was here in custody. For
this purpose Detective German was put upon the
stand and testified that this man was known bv
both names in the West among the detective
officers. After some little discussion and to en-
able both sides to get proof, the postponed
until next Saturday fer a hearing. forfeit
ures OF the recOgniZances of last SATURDAYS cases
were then called. The forfeiture of the recogni-
Zance OF John Young, bOndSman of Samuel Brooks,
upon which fine Of $50 had been imposed. was
returned satisfied. The Clerk said hench-war-
rant had been issued at the time of the
forfeiture for the arrest of Brooks but he had not
been brought in. The Court inquired what had
become of the bench-warrant. Deputy Afford said
that Deputy Pointer had it. Mr.. Pinkney thought
Brooks could easily be found. Mr.. Pointer knew
almost every one living about Lombard street in
the Fourth ward. The Court instructed the Depu-
ty to bring him in.-In the matter of the habeas
c0rpHs issued on the petition of Rachael Ann Oliver
(negress), claiming the custody of her daughter,
Charlotte Oliver, whO was alleged in the petition
had been taken from her house by one Mver Dyson.
during the month of December last, and who it was
also alleged intended to take the girl out of the
jurisdiction of this Court, Myer Dyson appeared
by his counsel, NJ. Bannon, Esq. OF Anne Arundle
county, and replies to the allegations in said petit
tion and says that the girl Charlotte Oliver came
to his house in the month of July, 1858, saving that
she had no home and had no one to support
her; that Dyson took her into his family where
she remained for two or three weeks, and that af-
forwards she expressed desire to be bound to said
Dyson, and that she was so bound the indentures
being made before two magistrates of Anne Arun-
del county, on the 10th of August, 1858, and filed
in the Orphans Court of said county on the 18th
OF said month and approved. He also says that
the girl ran away from his house during the last
iall, and that he advertised her as runaway; that
she was arrested the 9th of December bv officer
Upperman, and confined in the Jail of Mr. Fair
banks for safe keeping. He (Dyson) also denies
that he wanted to carry the girl out of the ursdic
ton OF this Court for the purpose of selling her
into slavery. copy of the indentures was pre-
sented to the Court A number of witnesses
were examined to substantiate the allegations of
the answer. The case fully argued before
the Court by the counsel in the cause. Mr.. Hack
contending that the indentures were not valid be-
cause the mother was alone the proper person to
bind out the child and her consent ought to have
been obtained first. The counsel for the respon-
dent cOntended that the ndentures had been in ac-
cordance with the acts of Assembly and had been
approved and ratified by the Orphans Court
OF Anne Arundel county, and that this
Court could not go behind the record and annul
the acts of the Orphans Court The case was
held under advisement until this morning, when
the Court will deliver its opinon-The Grand
Jury have indicted thomas hewitt (neero) for the
murder of his wife, by throwing scalding water
upon her, from the effects of which injuries she
died.-The Court, at quarter of three o'clock,
SUPERIOR COURT-JUDGE MARTIN
IL. K. j. Reynolds The Mayor and City
Council OF Baltimore. The plaintiffs entered remit.
tuHr lor So a. and the Court Overruled the mo-
ton for new trial.--Lane and others rs. Ilambur-
ger, claimant; attachment on Judgment. Notion
to quash writ argued by Byrd and Gale-for plain
tiff, Mayer and Holloway for rcaimant.-Assign-
ment tO-dav GS to lO2
COURT OF COMMON PLEAS-JUDGE MARSHALL
Elizabeth Jane Davis u.s. Michael Moon. Action
to recover damages for the detention of the daugh
ter of the plaintiff, the plaintiff being negro
woman. Verdict for the plaintiff for $500
Nothing done in the other Courts
The April term Of the UNITED STATES CRCUIr
CouRT commences to-day. The trial of Benjamin
Brown (negro), for the murder of George Crozer
on board the bark George and Henry, will be ta-
ken up.
BALTIMORE COUNTY COURT-JUDGE PRICE
TowsoNrowN, March 81, lS6O.-The Court this
delivered an opinion in the case of the
State rs: Charles Daugherty, removed from the
Criminal Court of Baltimore City, on demurrer
to the indictment. The indictment charges Daugh-
erty with burning house not parcel of a dwelling
house. and charged it a felony, but TIE Court
decided upon authority of the of the State u.s.
Black, in the 2nd Md. Reports The Indictment
should have charged the offence as a misde-
meanor, and therefore sustained the demurrer,
but ordered the party to be remanded to the custO
dy of the Sheriff of the city.-The motion for a
new trial in the case of John Grass rs James Var
ren, where $500 was awarded to the plaintiff for
with a contract on the part of the
defendant, in not giving possession of hotel in
argued before the Court by
Messrs Boarman and Ensor for defendant, and
Messrs. Cuttings and Machen for plaintiff The
Court overruled the motion and adjourned for the
term.
SUPREME COURT OF THE UNITED STATES.
WASHINGTON, March 3O.--On motion of Hon
}: p. Benjamin, Dennis Foley, Esq, of Toledo,
Ohio, was admitted an attorney and counsellor of
this Court.
On motion of Hon J. P. Benjamin, Nathaniel
Bennett, Esq, of California, was admitted an at
tOrney and counsellor of this court.
On motion of Hon. Alfred Ely, Il. Holland DuelI,
Esq Of New York, was admitted an attorney and
OF this court,
No. 53. John Overton ct dl., plaintiffs in error
Us. Joseph Cheek ct al. The motion filed by Mr.
Davidge on the 2Sth instant argued by Mr..
Gllet in opposition thereto.
No l73 Emma B. G. Thompson ct oI plaintiffs
in error, Jane Carroll lessee ct al The argu-
ment OF this cause was continued by Mr.. Tyler for
the defendants in error, and concluded by Mr..
Badger for the plaintiffs in error =
No ia. Thomas Bell, plaintiff in error, rs The
Mayor and Council of the city of Vicksburg This
cause was argued by Mr.. Benjamin for the plain
till in error and by Mr.. Badger for the defendants
in error.
THE TRIAL OF LAND.-The trial of Land for the
killing of his brother-in-law, Flanagan, is still
at Princess Anne Court House, Va
Last Wednesday Mrs. Land wife of the prisoner
was examined, and by her testimony it was hOped
to give complexion to the affair, in some respects
similar to that Of the Sckles tragedy The counsel
for the commonwealth, however, after she had tes.
titled, produced a letter which she acknowledged
to have been written by herself, but when present
ed to her for recognition Immediately torn by
her into fragments The statements in the letter
of Mrs. Land, said to be exactly contradictory
to her oral testimony.
Tie fragments Of the letter were pasted to-
gether and brought into court Thursday, but
was ruled out as evidence. On the same day Mr.
F. NJ. Whitehurst, the brother of Mrs Land, was
the stand to dSprove the statement of his sister,
We copy the following from the examination:
T. State the advice you gave your sister, the
language she used Objected to by defence upon
the ground that that had been before repeated
and difference arose about the transposition of
the words truth and per jury. Mr.. Wise now used
strong terms relative to the prosecution and ac
cused them OF using professional iricEerY Mr..
johnson arose and vindicaed himself by asserting,
'if trickery was referred to him, it was an un-
truth" Gov. VIE then commenced his examina-
tion OF the previous question and taking down the
witness reply, which was as follows: Not to
swear to a lie not to perure herself, and advised
ber to tell the truth, but cannot say in what order
this was said, or swear to the order in which you
have taken it down. Here Mr.. Taylor arose and
made an explanation in regard to the little mis-
between Messrs. Wise and johnson,
and appealed to the two gentlemen to make it all
right. Mutual explanations then took place, apo
logies accepted, hands shaken, and things put a
square again.
Mr. Wise-Did you in December, 1859, or not,
propose by letter 10 your sister Anna a plan by
which to wipe out the taint alluded to? A. re-
member little or nothing about them This letters.
am willing for them to be shown, and wish YOU
would ask me no more questions about them
Mr. Wise-No doubt, no doubt; but [ aoH ask
you. | repeat the question. A. l remember but
little about it. say now may have done it.
q. What was your plan? A. My plan was to
state the truth of the whole affair, and intended
to use the statement after the trial; but yOu sir
(to Mr.. WISE have driven me in court Here
Mr.. Wise became excited, using severe language to
the witness, questioning his integrity in Il style of
most whitening rebuke and bitter sarcasm The
witness, writhng under the torture caused by an
assertion of Mr. WISE that he had perjured himself
already, called the Governor tidr. Mr.. Wise now
gave the witness the renewed force of his powerful
battery, replete with bitter invecton and scorch-
ing sarcasm. The witness made the most humble
apologies, and his pardon was granted with an ad-
monitory lecture.
Q. Is that all i? A. That is all to my knowledge
Question repeated. A. No material difference as
to substance Q. Did you not urge upon her that
her character would be blasted if she stood to her
hrst confession? A. may have done it; | think it
probable. The rest of the examination up to the
adjournment of Court was principally upon the
question as to what the witness had written. The
letters were pure in intent, replete with brntherly
affection and advice, and interspersed with Chris
tian appeals to God alone to tighten the trials and
al nf tic IJa