The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1860-01-11
LA w LNTELLHENCE

CRIMINAL CoURT-Hon. Henry Stump Judge
Milton Whitney, Esq, States Attorney, prosecut-
ing.
Archibald Sterling, Jr., Esq, City Counsellor.
The following occupied yesterday:
In the matter of the appeal from the proceedings
OF the Commissioners for opening Streets for John
son street, T. Yates Walsh, Esq, entered his ap-
pearance with r. j. Bouldin, Esq
The Court asked Mr.. Walsh, what he wanted to
do first.
Mr.. Walsh said he desired the Court to proceed
to summon special panel of jurors, who should
hear the testimony in the case, and visit the local
ity after this, they could deliberate on their YER
dict.
The Court wanted to know who the parties were
on the other side They had right to be heard
Mr. Walsh said the Mayor and City Council were
represented by Mr.. Sterling, and that was the only
party necessary to be represented
After considerable conversation between the
Court and counsel, in reference to the proper pro-
ceedings in the case, Mr.. Walsh said that they
would file a motion to quash the whole proceed
ings and the returns of the Commissioners.
The appellant in the case is Mr.. Nicholas Pop
plein. The motion was filed praying the Court to
quash the proceedings and the returns of the Com
missoners for the reason that there is no certif-
cate under the hand of any Justice of the Peace
that the said Commissioners for Opening Streets
took the oath prescribed by secton 2 of Revised
Ordinances of 1850, which said oath, if taken is
required by section of said Revised Ordinances to
De recorded IN their returns and book of proceed
ings, and that said Justice "shoU certify thereto
Mr.. Sterling said he would have to oppose the
motion, and Wednesday (to-day) was fixed to hear
the argument
The appeal docket was then taken up The first
case called was
Augustus Dorguth rs. the Mayor and CITY Coun-
Gil of Baltimore. An appeal from Justice Alexan-
der. The appellant had been arrested and fined
So and costs for violating the 10th section of ordi
nance No. Sc, which provides that if any person
shall permit the game of bowles or ten-pins to be
played upon his premises, between the hour of IL
7. NJ. and sunrise the next morning, he shall paw
Gil of Baltimore.
Constable Gray, who made the arrest stated that
he went to Dorguth's establishment on Saturday
night about haltpaSt eleven O'clock and then play
ed game of bsgatee, and continued to play until
nearly twelve o'clock. A few DAYS after he arrest
ed Dorguth for violation of the ordinance
W. ID. Cowan, Esq, for the appellant, contended
that the 10th section did not apply to case of this
kind. 1t referred only to the game of ten-pins,
and the object of the trainers of the ordinance was
plain; because,in playing this game, so much noise
would necessarily be made that the neighborhood
| would be disturbed by it. There were sections of
| the ordinance referring to the game of bagatelle
but there was no such introduction in it as regard
ed the hours during which the game should be
| played. The appellant, he thought, had been
wrongfully fined.
| The Court, after examining the ordinance coin
cided with the views of appellents counsel. and
| dered the judgment reversed.
| Buckbaum the Mayor and City Council. A
| similar case, from the same magistrate. Judgment
here had been entered by confession. Mr. Cowan,
counsel, said if the appellant had confessed to a
violation al the ordinance, he could not go behind
that confession, and Therefore the judgment would
| have to be affirmed
The Court ordered the Judgment affirmed
several cases were afterwards called, but counsel
not being present. they were postponed
| Ihe Grand Jury found several bills for minor
oHences, and were engaged in examining witnesses
in regard to the shooting of the late Mr.. McCol-
| gan.
On Monday afternoon, after the adjournment of
the Court, Messrs. Coleman Yellott and D. s.
Sweany, counsel for Thomas Hoffman, indicted for
the murder of Humphrey D. O'Sulliyan. filed a
motion for his discharge for the following reasons:
| 1st. Because he was once put trial and the
jury regularly sworn, and he cannot be put twice
in jeopardy of life for the same offence
I'd. Because the jury, after being sworn, was dis
charged by the Court without his consent, and he
cannot be put twice in Jeopardy, DC.
Sd. Because the jury, after being sworn, &C.
were discharged &C., before they had agreed upon
a verdict.
4th Because the jury were discharged without
any legal necessity.
oth. Because the jury were discharged, &c,
ml1nouI reasonable necessity; all OF which will
"pPear py the records of this Court.
iHomas ms hoffman was indicted Jointly with Rob
ert Mlller ior the murder of O'Sullivan, and wher
.ne case came up counsel prayed sever ance of the
indictment, winch was granted Miller was trieC
hrst and acquitted. On the 26th of October Hoff
man was put at the bar, and a iurv regularly EN-
panneled sworn and charged On the nexf dav
the witnesses for the State, some of whom testified II
Mllier's case, were not to be found notwitbstaud-
ing the Sherin stated tnat he had used every effor
TO procure them. In this state Of the case Mr.