The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1860-05-29

part O Ine that the night OF the lSt OF
| December, 1859, the two negroes were arrested on
the charge of gambling at the house of one Lewis
| Il. Myer, on Franklin street, by McGowan and
Bride, constahles. and taken before w Woodward, who
| was then at his house. That they were committed
to jail, having no money to pay the fine; that on
their way to the station house. the negroes desired
| the officers to stop at the house of man named
Smith, on Orchard street, saying that he would 60
| their security. Smith went back to the house of
| oOdward with the party, and called the Justice
down stairs, when the whole matter was settled by
! each negro paving the sum of four dollars. 1t was
contended on the part of the Defence that the JUS
tlce had right to charge fee for his services rem
dered at certain times during the night, outside his
regular office hours, and that it had been so decided
by Stump, in the case ofLawder, tried for NAL
easance IN office. They also showed that the regular
fees by Act of Assembly amounted in each case to
S3.Ol. The States Attorney admitted that Judge
Stump had so ruled where magistrate was called to
attend trial at the watchhouse, but in this the
justice had remained at home, and chose to act in
the case when it was there brought before him.
He desired the Court to give its opinion in relation
to this matter OF charging extra fees by the magis
trates. The Court thought that a magistrate had
no right to take any fees except those allowed by
! the Acts OF Assembly, under any circumstances.
! The jury rendered a verdict of not guilty. Cowan
and Barry for defence.-State u.s. George Kirby
indicted for illegal voting at the last charter cleo
tion at the 5th Ward polls Tried before the Court
1t was in evidence that Kirby, resident of the 9Th
| Ward, had voted at the 5th Ward polls under the
| name of George johnson. Kirby was indicted un.
der the Act of 1853, ch 133 The Court held the
| case under advisement. The defence filed a de-
murrer to the indictment, which will be argued be-
| fore the Court Friday 1t will be contended
that the Act does not apply to the charter election
| but to the State election alone. Cowan for de-
| tence-State rs. Charles B. Green, John Cozine
and Francis Abhess indicted for receiving the vote
| OF George Kirby, under the of
| George johnson, they being the Judges of
| the 5th Ward, and Kirby being a resident of the
9th Ward. severance of the indictment
granted by the Court on application of the counsel
Tor the defence, and jury was empanelled to trv
| Charles B. Green and John Cozine. The evidence
on the part of the State that the vote of Kirby
| was announced as George johnson, by one of the
| Judges, and so put down by the Clerks and that
Abbess announced the vote; some objection was
made to the name by those outside, when Abbess
asked If any one objected to the vote; Col Shut
| objected to the vote under the name of George
johnson, when the Judges asked if any objection
| was made under the name ofKirby, and none being
made Judge Abbess said the vote was taken as Geo
| Kirby. The defence proved by one of the Clerks
that one OF the poll-books changed by order of
| the Judges, Immediately after the vote was first
announced, and the name of George johnson
stricken out and George Kirby inserted when the
| vote was taken. Verdict not guiltv.-State u.s.
| Francis Abbess, indicted jointly with the above
| parties. Same testimony. Same verdict. Leakn
for the defence.-State as John Hinesly, indicted
| for an assault upon Thomas H. Martini alleged to
| have been committed the 2nd of November
| 1859. The assaulted party was returned non est;
| the only witness present for the State was S.
Teacke Wallis, Esq, who testified to seeing Hines
ly strike Martin in the mouth either with his fist or
open hand; the blow he thought rather severe
one, as the mouth was bloody after Mr. Martin
came into the street; at the time the blow struck
Hlnesly was holding ballot in his left hand imme-
! diately over the baotbox. Mr.. Gill for the de-
fence testified that at the time the blow was struck
| Hinesly holding the ballot for few moments
| to allow him, as Clerk, to record the of the
voter, be being somewhat nervous from the excite
ment that had taken place at the polls previously
that at this time Martin accused Hinesy ofattempt
| ing to make way with the vote, because it was
| Reform vote; Hinesly asked him if he thought he
was dishonest man and would do anything of that
kind; Martin replied he believed he (Hinesly)
wanted to make way with the ballot, when Hnesly
struck him In the mouth with his hand. Samuel
Houston, the other Judge of the Election testified to
substantially the same facts. The case was submitted
| without argument. The jury after an absence of
| fifteen minutes rendered verdict Of guilty.
| VIM. Pynkney Whyte, Esq.,, counsel for the de-
fence, submitted to the Court that as Mr.. Martin
had obtained verdict in the Court above for $3.50
| damages in civil suit, the Judgment here would
| only be the imposition of nominal fine. The
Court said the suit in the other Court of diff
terent character to the in this Court Here it
was for a violation of the law. A fine of $50 and
| costs was imposed.-State Is. Mrs. Elizabeth
Eggleston, indicted for committing an assault upon
| Mrs. Amanda Martin Tried before the Court
| Guilty. Fined $50 and costs. Cowan for defence.
| State rs. Leonard W. Gray and John Mex en-
ny, indicted jointly for conspiracy to defraud Sam
uel Z. Schroeder out of the of eight dollars,
on the 10th OF January last ltwas in evidence on
the part of the State that Gray went to the house
| of Schroeder with warrant charging him with
| selling liquor Sunday; that he was taken to
the office of Justice Boyd, where he remained for
| some time and then returned in company with
| Mckenny; that Schroeder was about to pay
Mckenny ten dollars to compromise the case, when
| he was advised by friend not to do 50, as he
| (Schroeder) better let the matter be settled
| properly at Court; McKenny said he could fix
| it by destroying the warrant. GRAY did not
| appear and his recogniZance forfeited
The jury rendered a verdict of guilty to McKen-
| n.y. Not sentenced. Il. Stockett Mathews Esq,
! Tor defence. An indictment is pending against
| Mex annv for an assault with intent to kill
! State Erasmus Levy, indicted for an assault
| with intent to murder Samuel Brown Jr.; the in
dctment found in January, 1858 Levy fired
| pistol at Brown on Calvert street. near Barnum's,
! but did not wound him. Brown is living in the
State of New Ork, and had expressed desire not
to prosecute. The State had no evidence and the
jury rendered verdict Of not guilty. K. C.. Barry
Tor defence.-State as. VIM. o. Stubs, indicted
tor assautlng and resisting constable Peter Logue.
| Tried before the Court Not guilty.-State u.s.
| Samuel Tatum Stetted. The traverser being re-
turned est.-State as. John Sickefoos-
Setted. Traverser returned non est Reported out
of the city.-States rs. Richard Harris Stetted.
The traverser being confined in Baltimore county
jail.--JOhn 1linesly brought in James F. Hvson
on bail piece, charged with assault, and he
was committed. bail piece was also issued for
the arrest of Joseph II. Edwards, reported in
Portsmouth, Va.--In the case of James
w. Duncan, magistrate, indicted fer malfeasance
in office, a suggestion filed for re-
Us. Daniel Schafer, indicted for bastardy.
Case removed on affidavit to Anne Arundel county.
The following cases were assigned for to-day:
Paul Placide 1.-TWO cases), William Pindell, Eras-
mus Levy (three cases., John English 1.-TWO cases.,
Joshua Mulley (three cases) Joseph Creamer 1.-TWO
cases), William Reese 1.-TWO cases), John Chanev
two cases., Timothy Eckles 1.-TWO cases), James
Jeffries (two cases., Augustus Ford, Thomas Ea-
ton, William Cunningham, Joseph II. Edwards,
Alexander Levy 1.-TWO cases), Crab Ashby, John
Crop, John Stansbury, John S. Suter, James Nor
lnn1n lnrItll Elps,1
kluck, Mary McArdle, Thaddeus Maybee, William
Burns; most of the above are for riot and assault.
The Court at few minutes of O'Clock, ad-
journed until this morning at 10 o'clock
CITY CIRCUIT COURT-JUDGE KREBs
John Tolly Johns as. Rev. Henry V. ID. Johns in
his own right, and Rev. Henry V d. Johns and
Montgomery Johns, executors of John Johns
opinion of Court filed. That the complainant is
entitled to the specific performance of the agree
ment entered into by John Johns, to devise to the
complainant certain real estate in Baltimore coun-
ty, and that said real estate must accordingly be
conveyed to him by the defendants. The Court
will pass decree in conformity with the views ex-
pressed in his written opinion, of which the above
is synopsis and the filing of the Courts decree
the defendants will enter prayer of appeal.
COURT OF COMMON PLEAS-JUDGE MARSHALL
William H. Perot Us. James S. Forbes. An ap-
peal from Justice Hayward. Judgment reversed
and Judgment for appellee for S3l. 80. Each party
to pay his own eosts.-Juius Schneider Us. B; B.
Newman. An appeal from Justice Mclaughlin
Judgment reversed. Assignment to-day lis to l45.
SUPERIOR COURT-JuDeE MARTIN.
Stebbins Us. Heirs Agreed.-Assignment to-
day 10l to 1877.
BALTIMORE COUNTY COURT-JUDGE PRICE.
TowsoNTowN, May 2S.-Richard j. Cuttings,
ESQ.,, Attorney for the State.-John Byers and
Samuel Bitter pleaded guilty to selling liquor on
Sunday, and were each fined $50 and costs, making
total of S64 SO in Byers case, and S69.73 in Bit
zer's.-Frederick Muller brought in on a
bench warrant, charged with assaulting and beat
ing man in the twelfth district, and in default of
| security sent to Jail.
ANNE ARUNDEL COUNTY CoURT-JUDGE BREWER
| ANNAPOLIS, May Is, 1S60.--James Revell, Esq.,
| Attorney for the State, prosecuting special
term of this Court for the trial of removed crmi
nal from Baltimore city called this
| morning, and large number of witnesses were
| present.--Capt. James, warden of the Baltimore
| city Jail, accompanied by deputy warden CLANCY,
| arrived here, having in custody George Bower
| alias Timer, and George Lowman, charged with
the murder of Charles Parchant, alleged to have
| been committed on the I'd Of November, 1859.
| Also George Burke and Thomas Eaton, the former
| for shooting in the head and numbering VIM. W.
Taylor, on the 18th of July, 1859, and the latter
| for aiding and abetting in said murder. Also, Zeb
| Peters, jointly indicted with George Rotten, (nOw
| in the penitentiary,) Samuel Tantem and Henry
| Bennett, for larceny.-State as. George Rost in
dicted for selling glass of lager beer to officer
| Wm. J. Carback, Sunday, the lst of April,
1860, contrary to law. John Meysinger and other
witnesses testified that the accused was not the pro-
preOr of the house the time of the sale the beer
but that his brother, John A. Rost was the party