The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1860-03-31
La W LNT,ELLTGENCE,
CRIMINAL COURT-JUpGr Rovn

| CRIMINAL COURT-JUDGE BoNn
In the matter of the demu' rer to the indictment
IN the case OF the State as. James Dugan CHARGING
him with burning an Clubhouse to wit: an enSine
house. &C., the opinion of the Court was delivered
overruling the demurrer.
State Us. Jacob Fumbaugh, indicted for burpla-
ry in breaking into the house of James A. Clark.
and stealing certain articles of wearing apparel
Case removed on affidavit to an adioir ing county
IL. e. Barry, Esq moved the Court to strike out
the forfeiture in the case of Caspar Falk who was
indicted at May term, 1855 for selling liquor with
out license. Mr.. Barry said the traverser had Ia
ken out his license on the 10th of MAY Of that
year; it had always been the practice in the office
OF the Court of Common Pleas, to allow parties
from the lst to the 10th of May, to procure lcen-
ses, but this party had been indicted for not taknp
his license on the lst of May.
Mr.. whitney said that at the May term of the
Court, 1885, the Grand jury of which George r.
Dodge was foreman, had found some 600 indict-
ments for selling without license They had taken
the book of the Sheriff, and indicted parties from
that; and when these cases came before the Court
there was not one title of evidence bv which the
State could prosecute; the indictments were all en-
dorsed, "Sherif, informer." This was the con-
dition of the State when these cases came
up for trial. After consultation with the
Comptroller, it decided that the best course to
pursue was to forfeit all the recognizances and
impose fine of $40; the State was compelled to do
this or saddle the city with the costs in all the
cases. The Court thought the traverser should
nave never Oeen lnulcteu, ana ordered the fOrfe-
ture stricken out, the traverser to pay the costs
Mr.. Barry then stated to the Court that he was
counsel for Wesley Woodward, charged with
shooting Franklin Naff the night of the 26th of
December last, and asked the Court to fix the bail
in his sase. The Court could not fix the BAIL be-
cause 1t did not know the condition of the wound
ed man. Mr.. Barry said he was not dead yet-he
was lingering still
Mr.. Whitney-And lingering, NAV die.
The Court, before fixing bail, desired to examine
the physician who attending Naff
Mr. Warrington asked the Court tn strike out
the forfeiture in the case of Frederick Lutz, in
dlcted Tor selling liquor without lcease; indictment
found in 1858. The Court refused to strike out
State Us. Elizabeth Hagan (negressl, indicted
Tor stealing lot of wearing apparel belonging to
Nm. Ii; Anderson (negro). The State proved the
theft. Verdict guilty Sentence deferred }. Il.
kenly, Esq, for defence State as. Mary Jane
Gardner (negress), two indictments for larceny;
one charging her with stealing some wearing ap-
parel from Mary Jane Banks, the other for stealing
articles OF dress from Pauline COrnefia (both ne
gresses). Guilty on both indictments. Not SEN
fenced.
State William Dix indicted, together with
Levi Hoffman, for committing assault on John
A Williams, with intent to rob, the offence alleged
to have been committed on the morning of the 2Gth
of January last.
Mr. Williams testified, that on the morning in
Stioh, at "o"ut 2t2 o'Ui"rh,he walking Gown
baltimore street,on his way home on North Charles
street, and when on the corner of Howard street.
he was approached by three men, who came from
the south side of the street, one of whom nut his
arm around his throat and attempted to choke him.
the other two clustering around him. He strug- |
gled and called Justify for the watch, and finally |
succeeded in getting away from them. One imme-
dately ran off, the other two (Hofman and Dix
walked towards Eutaw street; when they got half
way along the square, Williams ran up and knock
ed Hoffman down. Thev were then both arrested |
by the officers and taken to the station-house-
Other witnesses were examined but nothing addi-
lional to the main facts was elected. The case
was fully argued by the States Attorney, and W.
Il. Cowan Esq, for the Defence and the jury, after
being out twenty minutes, rendered verdict of
mot guilty.
After the conclusion of the above case, the Court
inquired of Mr.. Whitney where Levi Hoffman was
Nr Whitney replied that he had sent over to the
all to see if he there. One of the Deputy
"ardens informed Mr.. Whitney that Hoffman was
lot in Jai-that he had been bailed at the Mavor's
'lhce Mr.. Whitney said he had not been bailed
rom this Court Officer Carr, who assisted in the
rrest OF Holman and Dix, and who attended at
he examination at the Mayors office, informed
he Court that Hoffman had been bailed at the
Mayors office, and that John Hnesly was his
'ondsman. The Court asked the Clerk where was
he recognizance The Clerk replied that it had
lever been sent up to the Court; the recognizance
# the witness had been alone furnished The
court directed an officer to procure the recogn-
ance from the Mayors Office
State Mary Casey, indicted for the larceny of
lot of kitchen utensils belonging to Samuel r.
Siddle.
While this case under trial, the hour of three
aving arrived, the Court took recess until four
clock. Just previous to this, William Thompson
So, Secretary to the Mayor, came into Court
With the record-book from the Mayors office. The
;ourt stated to Mr.. Thompson that Levi Hoffman,
indicted for assault and intent to rob- had not made
is appearance, and the Court was informed that
e had been bailed at the Mayors office, but that
o recognzance bad been sent up. The Court now
7anted to know where the recognizance was. Mr..
thompson, opening the book. said he did not know
fhno
hat Hoffman had Deen committed, in default of
500 security, by acting Mayor Spicer. Before the
layor left the office Hoffman had asked for time to
rocure bail, and the Mayor and Secretary went :
way, leaving Hoffman in charge of officer ,
hose name not recollected, and also leaving :
ON mitment for Hoffman. :
The Court said perhaps Hoffman was in Jail, as
0 recognizance could be found and the entry was !
lat he had been committed. One of the Deputy
7 'ardens said he would testify that Hoffman had .
ever been brought to Jail on this charge .
In reply to the Court, Mr.. Thompson said that /
e thought the names of the officers having Hotf-
ian IN charge that morning were Carr and Lynch,
ut he would not be positive. The Court ordered
lese officers to be sent for.
rhe Court re. assembled at o'clock when the case
the State Us. Mary Casey was continued. The 6
tate proved the theft to the satisfaction of the
ry, who rendered a verdict of guilty. Sentence c
eterred. w. C. N. Carr and Il. B. Renshaw for )
lie defence. t
The Court, after the conclusion of this case, an $
ounced to Mr.. Whitney, that Levi Hoffman had b
zen arrested by the Sheriff. i
Mr.. Whitney then said, as there was an indict- :
ent against that individual, he would ask for 7
8 commitment to Jail. Hoffman was accordingly
mmitted. I
The Court then, at quarter to six o'clock, ad- g
urned until this morning at ten o'clock. a
The Grand and Petit Juries were discharged un- =
Monday morning at ten o'clock. +
SUPERIOR COURT-JUDGE MARTIN I
Abbott Us. the Augusta Insurance and Banking G
ompany. Before reported. Not concluded. y
Michael Us. Taylor Judgment. q
Assignment for Monday IS to l02.
Nothing done in the other Courts.