The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1860-04-03
La W WT,ELLIGENCE.
COTTRT-Jrncr RoNn


On the opening of the Court Mr. Whitney re-
telred to the case of Levi Hoffman, indicted for an
assault with intent to rob John A. Williams. He
said that Hoffman had been released on $500 securi-
ty at the Mayors office, and the Court would re-
collect that the recognizance could not be found,
and that no entry had been made oft on the re-
cord of the Mayors office The recognizance had
just been handed to him (Whtney) by a member
OF the Grand Jury, who had fouud it among their
papers. The recOgniZance is in the sum of $500
John Hinesley bondsman and is signed by Saml
e. Spicer erotfcio Mayor.-The last weeks for
FIXTURES were then called. The matter of the appeal
in the Holiday street case set down for hear
ing the second Monday in Nav. The case of
Isaiah alias Bud Ecceston, indicted for an assault
with intent to kill William p Preston set for trial
yesterday, was postponed until Wednesday, in con-
sequence of the sickness of Mr.. Preston.-Mr
Whitney then called the attention of the Court to
the case of Thomas Hoffman, charged with the
murder of Hugh D. O'Sullivan. There was mo-
ton pending for the release of the prisoner on the
ground that the jury had been once sworn and
then discharged by the Court and that the prison
the second time. Coleman Yellott, ESQ.,, the
counsel of Hoffman, said he would be pre-
pared to argue the motion on Thursday
The States Attorney also called the attention of
the Court to the case of William Coulson who bad
been convicted at the last term of the Court for
murder in the second degree. in the killing of
Jonathan b. ChrOnister. Mr.. Whitney said some
curious people were very anxious to know why it
was that CoulsOn had mot been sentenced. He
would inform the Court that motion was pending
for new trial in this case, and of conrse be could
not ask for judgment until that motion was dis
posed Of Mr.. Yelott, however, was in Court, and
day could be fixed for the hearing. Mr.. Yellott
said that he had filed two motions in the case one
in arrest of judgment and another for new trial
These motions had been filed Immediately after
Coulsons trial, which took place Just on the heel
OF the last term, and from the peculiar circum-
stances surrounding this Court during the first of
the present term, no opportunity had occurred to
argue these motions. He would, if the Court
wished, take them up on Saturday. The Court
agreed to hear the argument on the motions on
Friday.-Mr. Whitney called up the case of
George Burke and Thomas Eaton, Jointly indicted
for the murder of William W Taylor. The names
of the witnesses on both sides were read when
c. l.. Kraft, Esq, said he counsel for Burke and
he found that some of the most important witness
es for defence did not answer If he could not get
a continuance he would have to do what he did not
desire to do, remove the case. The Court said it
would issue attachments for the absent witnesses
and bring them in, if the process of this Court
could reach them. Ii the case was postponed now
the same thing might occur again. The attach
ments could be issued, the State could 90 on and
in the meantime the witnesses could be brought in
Mr.. YelIott remarked to the Court that he was
counsel for both Burke and Eaton, and that Mr.
Kraft was associated with him in Burke's CASE
These parties jointly indicted, and under the
practice which had obtained in the Circuit Court
of Baltimore county, he would make motion for
d IL,
responsibility, counsel, that there could not be
joint trial of the accused parties because the de-
fence OF one would prejudice the rights of the 9TH
er. Mr.. Whitney said both cases grew out of the
transaction, the witnesses were the same in
both. 1t would be very inconvenient to the State
to try the indictments separately, and would con-
sumo much more time. The Court said to Mr. |
Whitney that in their anxiety to get through with
the business OF the Court they must take care that
the rights of the accused are not violated The
counsel had stated his responsibility that a
fair trial could not be had jointly and the Court
would sever. Mr. Whitney then announced
that he was ready in the case of Burke |
Mr.. 1ellOtt after an interview with the prisoners
in the lookup, announced that they desired to re-
move their cases, and the suggestions were fled
and the record ordered to be sent to Anne Arundel
County Court.-State Us. Daniel Stansbury in
dicted for an assault with intent to kill Samuel |
Mcpherson. The traverser having died since the |
transaction, stet was entered.-Mr. Loney, one |
of the counsel for James Z. Thomas, convicted of
larceny, in robbing the store of Hamilton Easter &
Co., announced to the Court that the motion for
new trial in his case withdrawn.-The cases |
liked for Monday having been disposed Of and no |
cases being set for Tuesday, (to-day, on account
OF the time expected to be occupied by the murder |
trial, the hearing of the motions in Coulson's !
case was set down for Wednesday, and that |
of Thomas Hoffman for Thursday.-
Henry Downs, indicted jointly with John Graham !
for the murder of John Joyce, on the 7th day of !
February, 1858, by shooting him with a musket,
was arraigned ana pleaded not guilty. He said Mr..
Cowan was his counsel Mr.. Cowan came into
Court short time afterwards and the case was
liked tor trial on Tuesday next.-Levi Hoffman,
indicted for an assault upon with intent to rob John
A. Williams put in the dock. In reply to ques-
tions by the States Attorney, he said he had no
counsel He did not desire the Court to appoint
counsel for him, he would get counsel. Trial fixed