The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1860-01-30
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Court that Mr.. Gleason, his counsel intended
file suggestion for the removal of the case to Ba
tmore county.
The negro was brought out, when SIR Geaso
remarked to the Court that a week ago his ellen
desired to remove his case, and had requested hir
to so announce to the Court Since that time, b
has changed his mind and now wishes to be trie
before this Court; he (Geason) did now knoy
what influence had caused the prisoner to pursu
this course
Mr.. Whitney, suppose he has taken courag
from the action OF this jury now out, and thinks
stands good chance.
Court-Yes; l suppose he is waiting to see hoy
this jury comes out
After some conversation between the Court, tn
States Attorney and counsel, it was arranged tha
the hack rioters would be tried to-day and after
wards that the case of Peterson should be taken up
| the court stating to Mr. Gleason, that he must b.
ready to go on, remove the case.
The Court then directed baiff to proceed tt
the jury-room and ask the jury to come into Court
When the jury were seated, Judge Stump said
| Gentlemen, the Court has been waiting on you a
| long time, expecting you to return verdict il
| this case; you are the judges of the law and the
facts, and you have heard all the evidence in the
case, and the Court cannot guess what point you
| differ; however that's your business, and not
the Courts; if the Court would discharge you now
the case would all have to be tried over agan-al
| the evidence-al the witnesses-great expense to
the city-waste all our time in trying cases over
again; the Court has been sitting three weeks and
nothing done; the Court can't see why Won can't
agree as well as any other twelve men; the counsel
fully explained the law to you when the case was
argued; the Court will not discharge you. Yester-
day allowed you to 60 to a hotel because one of
the jurors said he was sick-had rush of blood
to the head. (To one of the jurors Mr. Vance,
you sent note to the Court stating that YOU were
sick, with rush of blood to the head, the Court
allowed you to go to Sherwood's and have physi-
clan; you went there, and the bailif said you did
not get doctor and was not sick. The Court
thinks YOU have practiced deception upon it.
Mr.. Fance.-Judge Stump, | am sick, sir; was
when | wrote the note, and am now; can hardly
stand on my feet; am in such condition that
am not competent to perform the duties of a Juror
Court.-WelI, why didn't you send for physi-
clan?
Mr.. Vance.-Did'nt want one; if had been in
any other place but a jury-room I would have taken
medicine; but can't 60 through a course of medi-
cine with eleven men in a room with me-
Court.-Well, gentlemen, you must go up stairs
and remain there until you agree on something
Mr.. Nance.-How am to convince the Court
that am sick? you wont take my word for it.
COurt.-Iou said you had rush of blood to the
head; why not get doctor? The bailif said you
were not sick.
Mr.. Vance, said in my note was threatened
with rush of blood to the head; | am threatened
now; had stroke of paralysis about four years
ago from that cause; think, sir nv life is in dan
ger by remaining on this panel; if the baff said
was not sick, it was false.
Court.-If you had told the Court this at first, |
might have excused you-(to the Baiff,) get a
doctor for Mr.. Vance-(to jury,) now, gentlemen,
go back to your room, and stay there till you
agree on something.
Mr.: Rogers would only say to the jury that
they have certain rights, independent of the action
of the Court, and hope they will exercise them.
Court-Now, you set down.
Laughter.
The jury then retired.
The following cases were tried, Frederick Pink.
ney, Esq, prosecuting!-
State Albert Jones and Irving Johnson
charged with brutally assauting John Pidrick-
The evidence for the State showed wonton and
unprovoked attack. Guilty. Imprisoned one
week and fined ST and costs; total S9.15 each
State Us. Dennis Healy, charged with assauting
Michael Wallace. Guilty. Fined So and costs
total $3.50.
State as. James c. Grace, charged with assault
der, and is brought before the Court almost every
week. After the case was stated to the Court by
Mr.. Pinkney, he remarked: Hoerel t0teri HHalis
drundO. 'The deadly arrow clings to his side"
Court.-What did you say, Mr.. Pinkney?
MIR. Pinkney.-l was only quoting Virgil, sir.
Court.-Oh, yes.
The officers testified that Grace was drunk, and
in endeavoring to take him to the station house. he
resisted and tore their clothes.
Court.-Drunk suppose-inflamed with LIQUOR
Oficer.-Yes es, sir, very drunk.
Court.-W ell, Grace, you have been up here
often, and the Court has always let you off too
easy-the Court will have to put you in limbo this
time-you must not be going about getting drunk
and making disturbance Shakespeare says, man
puts an enemy in his mouth to steal away his
brains-that's pretty much the with all of US
got any witnesses? :?
Grace said he had two witnesses, one named
Smith, and the other he didn't know
Court-Well, III put you in Jail a week and fine
you 80 cts. Total fine, $500.
The Court at II O'Clock took a recess
At one O'clock, a note was sent to the Court
signed by Mr.. Michael Caughy, Foreman, in which
he stated that the jury had not yet agreed, that
there was no probability of their doing so, and
asked to be discharged.
Judge Stump replied in writing that he would
not discharge them-he would meet them at three
o'clock, and if they had not found their verdict he
would adjourn until five o'clock, and if they had
hot agreed then, they must go back to their hotel
and come in some day next week.
The jury at three O'Clock were still celebrating
At five o'c clock, the Judge came into Court and
the jury came down and took their seats.
In reply to the Clerk, the foreman said they had
not agreed.
The Court made few remarks to the jury, du-
ring which he reiterated what he said in the NOR
ming. He told them he would not discharge them but
they must go back to SherwoOd's where they could
have refreshments at their own expense, and come
back Monday.
Mr.. Westwood. juror feel the responsibility
of my position. Sir, when ! entered that box, |
took an oath to do justice to the State, and Pm go
ing to do it.
Mr.. Robinson, another-I have noticed several
times that uries have been discharged by this Court
| believe, sir, if we would stay here month we
would not agree.
Court-Well, go to Sherwood's.
Mr.. Rogers only want to repeat what | said
before, that the jury have rights Independent of the
action of the Court.
Court-Now you will please to set down. Don't
you think they have sense enough to know that
themselves?
The Court, at So o'clock, adjourned until this
morning at IL o'clock.
CiRcuIT CoURT FOR BALTIMORE CIrY.-Hon. VIM.
George Krebs, Judge.
The following occupied Saturday:
Mayor and City Council of Baltimore cs. Sutton
and others. Motion to dissolve an Injunction. Ar.
gued and held sub curia.
CoURr OF COMMON PLEAs.-Hon VIM. L. Mar.
SHALL Judge.
The following occupied Saturday:
+. Ranch and Ed Lands as. Janney & Stow Ar
without prejudice, and judgment for appellant for
returns of property, one cent damages and costs
Francis Rudolph E. Coles An appeal from
Justice Myers. Judgment reversed and Judgment
for appellee for S8 and costs.
SUPERIOR CoURr.-Hon. X. N. Martin, Judge
The Court was engaged in Equity business on Satur.
day.
The argument on the motion for new trial in
the case of II. K. & J. Reynolds Us the Mayor and
| City Council of Baltimore, was postponed on ac
| count of the indsposition of Jonathan Meredith
| Esq.
| UNITED STATES CIRCUIT CouRT-Hon. VIM. Eel
| Giles, Judge. The following occupied Saturday:
| s. Wamesly, agent of Ladd, Webster Il Co. Be
of the defendant continued.