The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1860-03-01
THE STUMP INVESTIGATION.
The following is an abstract of the testimony be-
fore the Joint Committee in the case of Judge

THOMAS CREAMER,
| have him drunk on the bench in the trial Of
cases repeatedly his demeanor the bench is at times
undignfed and vulgar. At time heard the judge,
who had before him women who had been fighting;
it appeared that one of them called the other whore"
he told them that if they back again he would
them to Jail where they could not whore any, and he re-
peated it two three times in language. have
frequently demonstrated with him abont drinking and
he has said that when he ate and drank it did hurt
him, but when he only drank he got most id drunk;
he was drunk the bench during the trial of Maurice
Gidelman and at other times, but the particular
cannot now bring to mind He often adjourns the Court
for an undue length of time to the neglect of his official
duties. He instructed fine all persons indicted
selling liquor on Sunday twenty dollars and costs for the
first offence, and for all subsequent offences during the
same year to settle upon payment of the costs and he
fused to do otherwise when have in cases. request
ed him to put on additional fine. He gave the same
instructions in relation TO the disposal of presenments
women for keeping houses of i'll fame saying that he
could delegate to me his powers but any fine I
put upon them he would sanction, and that I must
settle them in my office let the
women bother him. In one case Mr. BENJAMIN F Nails
OF the grand jury, made every effort to break up bawdy
house that had been opened opposite his dwelling both
OF us called the Courts attention to it bad case, but
the Judge declined to fine the keeper second time dur
ing the year. and the grand jury were unable to break up
the house. On two three occasions have observe
the jurors into Court drunk and on one oc
casion requested the Judge to discharge of them; he
declined to do so, saying that men must drink a
little have also demonstrated with him about letting
the jurors have liquor when he sent them Sherwoods
hotel, but he said must not be hard them and still
permitted them to have liquor when at the time he
said he noticed of them into Court drunk In
1859 there about $50 cases for violation of the
Sunday law, and about 260 for keeping bawdy-houses
in 1858, suppose the number double and presume
about nehalf was settled upon Ofnes and COSTS
the balance by payment of costs and Setts; do not
pretend to be accurate in this statement having no
data with except the of presentments in 1889
The number of and indictments found for
the year 1852 is 1885 353 in the January term 176 in
the September term, and l0S6 at the May term. The
number of disposed of ia open Court cannot tell
without close inspection of the dockets which would
qure time He does kaar. any I"VIUI io.aCt
or a memorandum of the proceedings of the
Court he relies entirely the Clerk for that He has
inspected the docket general thing In the of
Coulson inspected that particular case gener
al thing he comes to me and asks what
the docket In the negro to which Mr.. Creamer
referred he perhaps looked at the docket insisted
the entries being made in his own language He is
usually from five to fifteen minutes behind the time ap
pointed, and sometimes longer. He has done lad
journed the court during the examination of witness
against the protest OF counsel and the jury. O. Have
you him his return from recess) under the in
huence of intoxicating drink A. Not always have
him intoxicated as to able sit up
have seen him his after these adiournments
under the influence Of intoxicating drinks, but have
not perhaps as good an opportunity of seeing him as
others because sit with my back to him. He has never
held afternoon session during the time have been in
Office, except twice to receive the verdict Of
the jury. He has never held afternoon session
since the beginning of term except twice. and
that occurred after entered upon my duties He
has repeatedly refused to do the request counsel
when the could be disposed of that day. l
give any specific instance of his vulgarity, / not
present the time he nterrogated that female witness
but have been present when thought he has acted in
rather dscourteous manner to counsel. have been
present when he has acted in dscourteOus manner
towards witnesses and counsel He has frequently stopped
witness off short and counsel rising to interfere he
would order them to sit down. l have seen him the
bench when thought him under the influence of iouor
to such extent really ncapacae him from business
For the January the Court session II days;
Nav term Sc days; and the September term 70 days:
making 19S days in ALL From 10 to l o'clock the
average of the daily session If jury fails to agree
rather if the submitted to the jury about O'clock
and it is likely that they would be sometime agreeing
upon a verdict, the Judge will state that he will come in
about s. and if they have not then agreed he will tell
naInl
and send them to Sherwood'S, where they obtain
freshments The Judge gives any personal super
nation the business of the Court, and seldom in
quires into the character and reputation of the parties
brought before him.
LAWRENCE SANGsToN sworn
was the foreman of the Grand Jury for that term;
during the whole of the session. which very pro
tracted in daily intercourse, foreman of the
jury with Judge Stump. His general bearing and de
during that period undignifed to such
extent as to bring his Court into contempt At times,
and not unfrequenty, he much under the intu
duties in such manner as would be credtabe to himself
the position which he occupied He sometimes in
state of apparent supor and occasionally asleep upon
the bench The Grand Jury went to their room at TO
O'Clock, A. NJ, and remained in session from and
half to two hours On their return to the Court ROOM
they would frequently find the Court adjourned, and
would have to send messenger round the neihborhood
to hunt up the Judge.
BENJAMIN ROBINS sworn
was juryman q days during May term, 1859; was
the steamboat 1.-THE ENpress riot throughout that
whole trial ne appeared according Judgment much
intoxicated; he left his seat and down to the win
dow and was there two.thrds of the time whilst the
trial was going on and talking himself nearly all
the time-that the captain ought to have been thrown
overt oard-"hs had no business to take negroes and
white people together" This about his condition
during the time served juror. The only morning
which thought him sober was on the second Monday of
my term, and then called the especial attention of
other juror to it, who replied, 81 came with him from
Havre de Grace this morning."
JOHN p. Poe, sworn
have had to witness the demeanor of Judge
Stump upon the bench and do not hesitate say that in
judgment it is not dgnifed and very frequently rude
disrespectful and insulting to the members Of the bar
present in Court when he announced his determine
ton send the record in the of Wm g. Ford to the
Circuit Court of Anne Arundel county, his attention
then called by Milton Whitney to the decision of the
Court of Appeals in the case believe of Emanuel Rabb
that Anne Arundel county not county adjoining to
Baltimore city, and consequently that the Circuit Court
of said county had jurisdiction removed cases
from Baltimore city; the was cited in open Court
and Judge remarked that he said decision
but nasmuch the Court of Appeals had used either in
a previous or subsequent case / do not now remember
distinctly which, language which admitted of a different
construction he wanted them to settle the conflict be-
the two cases. though he himself knew that Anne
Arundel county not adjoining to Baltimore city In
August, 1859, requested by Charles f. Phelps,
ESQ.,, to appear during his absence from the city
for free negro, named Thomas Watkins, who had
been convicted of larceny in the Criminal Court of Bal
tmore city and sentenced by Judge Stump, and to
for his discharge from custody the Court of Appeals hav
ing reversed the judgment. accordingly went into
Court and filed motion for the negros discharge the
opinion of the Court read to Judge Stump who
treated it with levity and contempt by the acting pro-
scouting attorney Robert c. Barry, Esq., who interposed
objection to the notion but the Judge declined then
to grant it. stating that he would think about it day or
two then called his attention particularly to the
Guiding paragraph of the opinion of the Court of Appeals
in said in which they distinctly declare that the eff
feet Of the reversal is to defeat all prior proceedings in the
case but he still refused order the prisoners discharge
though twas manifest that there nothing under which
he could lawfully be detained On the following Saturday
again went into Court and expressed to the Judge the
hope that weeks reflection had satisfied him of the pro-
prlety of granting the motion winch had MED Heagan
refused stating that the Court of Appeals had deci
ed what judgment the proper one though they had
decided that that which he had rendered not the
proper urged upon him that his duty to discharge
the prisoner was under the circumstances per
fecty clear, to which he replied that he did not under
stand the opinion 'though you Mr. Poe may and then
added that if would obtain the certificate of any of
the Judges of the Court of Appeals that they meant the
prisoner to be discharged he would obey them which
certificate /, of course did obtain attempt to OBJ
tain In of his repeated refusal grant the
motion or to do anything in the case, application was
made by Mr.. Phelps to Judge Lee for writ of hdbedS
corpus, which resulted in the prisoners prompt dis
charge.
SHEPPARD A. LEAKIN, sworn.
was counsel for a young man by the of Reese,
indicted with others for riot the Bay, without the
limits of any county and within the limits of the State
of Maryland, known the Express roters;' the
tried before the jury and in the of the exami
neon Of the witnesses they spoke Of rotous acts having
occurred between Baltimore city and North Point. To
that testimony, counsel objected not pertinent to
the ssuethe objection overrued by the Court in
subsequent part of the case believing that the Court
had misunderstood my objection, arose again to object
and to give the reasons therefor when | commenced
stating the reasons to the Judge he arose from his seat
left the Bench proceeded behind the jury box leaving
standing the floor; when that occurred there
general laugh amoung the persons outside and inside
the bar; stated had right to be heard and would be
heard in maintenance Of my position, words to
that effect The Judge haoed from the of the
jury box, ''GO on Mr.. whitney,, or, $50 on witness"
such expression that In the course of the
examination of the captain, who witness against
the rioters, the Judge told the captain cit served him
right or words that effect that he had right
mix white people, negroes and bad whskey in the
boat He further remarked that his Court had enough
do and he did not want to be bothered with down
the Bay. The of Mrs. Martha Scharf tried on
the 22d day of October 1885, for assault Caharine
Meeks. / was counsel for Mrs. Scharf This evidence
times in his Court when believed him to be intoxicated
many times when he under the influence of liquor
l have him when believed him to be asleep in the
progress of the trials of important that is he
sitting in his chair the Bench with his closed and
his head leaning towards his shoulder
ROBERT RENwICK, sworn.
While juror in the of the State, as. a
coored man. indicted for rape the Judge during the
progress of the trial. in state of intoXcaon, and while
the evidence being given, he portion of the
time asleep the bench; took my watch and noted
the time he slept; it thirty five thirty minutes;
when he awoke he required the witnesses to repeat their
testimony, portion of the testimony OF most DIS
gustng character and the jury having heard it, felt
compelled to demonstrate against its repeon the judge
nsstel but finally yielded, with the observation that he
ought to know the facts the might to the Court
of Appeals.
was present as juror but not the special panel
during trial the Express rioters; during that trial
he in state of continual intoXcation. Iheard him
tell the captain of the steamboat that would have served
him right il the rioters had thrown him overheard he de
served it for having taken white people and negroes
the boat at 25 cents per head During the trial he
left the bench and to the window where stand
ing and repeated the same language adding that he had
enough to do in his district without being bothered
with occurring the Chesapeake bay During my