The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1860-01-13
La w INTELLIGENCE

CRIMINAL CoURT-Hon. Henry Stump, Judge
Milton Whitney, Esq, States Attorney. Archi-
bald Serling, Jr., ESQ.,, City Counsellor. The fol-
lowing occupied yesterday
On the opening of the Court, VIM. Schley, Esq.,
stated to the Court that he one of the counsel
IN the matter of the appeal from the action of the
Commissioners in opening Holiday street. He had
seen In the papers, that the Court had rendered a.
decision yesterday "wednesday invalidating all
the proceedings of the Commissioners in the case
OF johnson street. That decision would set aside the
action OF the Commissioners for the last twenty
years, because all the records in street cases had
been made in the same form, during perhaps, that
period of time, and they had been so made in the
case OF Holiday street. He would like to argue
that question before the Court
The Court said Mr.. Schley could argue the uues-
tion as to Holiday street, but it had already deci
ded in the of johnson street.
The Court would hear Mr.. Schley on Monday or
Tuesday.
Joseph Rumble u.s. The Mayor and CITY Council
OF Baltimore. An appeal from the award of the
Commissioners for Opening Streets, in the matter
of West street.
I. Yates Walsh for appellant; John S. Thomas
for appellee.
Motion to dismiss the appeal, on the ground that
it was filed after the time allowed bv law
The Court asked Mr.. Walsh what he wanted to
do
Mr.. Walsh wanted the Court to proceed and
summon special jury in the matter so that all the
facts could be brought out. He also wanted to
show that the appeal was not filed in time because
the appellant had received information from the
appellee, that the time for filing would not expire
before the middle of May, and the appeal was filed
about the fifth of that month.
The Court said it was the duty of the Commits
sioners to notify parties interested through the
newspapers, that their proceedings had been put
upon record, and so many DAYS only must elapse
during which appeals could be taken.
Mr.. Thomas remarked that the proper notice had
been published.
Mr.. Walsh said he thought the appeal could be
sustained, because information had been received
through Mr.. Garrity, his clerk from the CITY Hail.
that the appeal would be in time if filed before the
3Oth of Mays he wanted to prove this fact before
the jury, and in the event of the going against
the appellant, the facts could be on record and go
in the bill OF exceptions appeal to the higher
Court. AS to the notice, how could a man see a
notice, stuck in the corner of newspaper he didn
take?
Mr.. Thomas replied, that if Mr.. Walsh would
waive the jury, he would admit that Mr.. Garrty
had been told that the time did not expire until the
30th of Nav.
Court.-Now, Mr. Walsh, he says he will admit
that; now write down what you want to prove.
Mr.. Walsh then wrote statement, to the effect
that Mr. Garrity was sent by him to the Registers 5
office, and in reply to question, received reply
that at any time before the Both of MAY the appeal
could be filed, and that the mistake made in filing
it in time caused through this information
Mr.. Thomas-Ill admit that Mr. Garrity would
swear to this on the stand, but won't admit it as
a fact.
MIR. Walsh-Thep I'll go back. | ask now for a
jury trial, and desire the Court summon the iury
Court-(to Mr.. Thomas Now, you said YOU
would admit it, and now you say you won't What
difference does it make? You keep on this wav all
day.
Mr.. Thomas-Well, then, Pll admit the facts.
Mr.. Walsh--No, sir; l want the Jury I'll have
the tried.
Court-Now, Mr. w alsh he says he III admit it; and
YOU said you would go ON. Now you say you won't;
that's no way. If can be decided withouta Jury,
why not, without going to all that expense?
Mr. Walsh-Well, sir, second thoughts; | am
entitled to think second time.
Court-Yes, but that's no way to get through.
The Court then ordered uenire issued to sum
mon twenty-five jurors, returnable on Monday
morning.
A jury de lunatico inquirendo was empaneled,
and Ferdinand Roth found to be a lunatic and
pauper The Court passed an order to confine him
at the expense of the city in Mount Hope Hospital
The Grand Jury found bills against James E.
Thomas and William Jones for robbng Messrs.
Hamilton Easter Co.
The Court, at IL o'clock, adjourned until this
morning at 10 O'Clock.
CoURr OF COMMON PLEAs.-Hon. VIM. l.. Mar
shall, Judge.
The following occupied yesterday:
Mr.. and Mrs George B. Clark Us. Hamilton
Easter q Co. An appeal from Justice HAYWARD.
Judgment reversed and Judgment for the appellse
for sos against George b. Clark.
Edward Hare us. Andrew Hartner. An appeal
from Justice Griffin. Judgment reversed.