The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1860-03-24
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bing the store OF Hamilton Easter " Co. w hen
this case was called Mr.. Whitney stated to the
Court that the State had summoned n witness
named W. II. Burgess, whose testimony was very
material to the States case. Mr.. BRgess was r'la-
tive of Thomas-an uncle or cousin; he had been
in constant intercourse with the lawyers for the de-
fence and had been in this Court several times
but now his attendance could not be procured. He
whitney, had every reason to believe that i'm
proper means had been used to keep him away; by
whom, and in what manner, he was unable to say
An attachment for the witness was in the hands of
the Sheriff, and the State asked that the attach
ment stand, and the Court allow continuance of
the case until Mr.. Burgess could be brought into
Court.
The Court remarked that the attachment would
stand, and that every power and process of the
Court should be brought into requisitiOn to bring
Mr.. Burgess before it. If brought in, the Court
would take care that Mr.. Burgess would be put in
some place where he could be easily found. The
then continued until further notice.
The cases set for trial to-day being thus disposed
of the Court directed the Sheriff to bring in Mr.
Viator, who in custody for alleged
tempt.
Mr.. Viator came in, and said Mr.. Lanahan would
appear as his counsel; but if the Court would allow
him, he would address the Court himself.
The Court preferred hearing him through coun-
sci.
When Mr.. Lanahan came in, the Court made
known to him the circumstances of the case under
which Mr.. Viator had been placed, viz: That he
had written letter to the Court giving it certain
hints and directions in regard to which was
on trial before the Court, and also impugning the
motives of the Court and members of the bar,
which letter was signed, "a member of this Bar"
The Court had considered this as a contempt, and
had laid rule upon Mr.. Viator to show cause why
an attachment should not issue against him for
such contempt.
Mr.. Lanahan desired to see the letter, which he
examined, and then asked the Court ifthere was
any evidence to show that the letter was written
by his client. He said every one had right to
know the nature of the evidence upon which he
was accused, as well in this as in any other case
The Court replied that the only evidence was
that the Court knew the handwriting.
Mr. Lanahap. after consulting Mr.; Niator, re-
the author of the letter. If he was charged with
contempt, the evidence that he was the writer
must be corroborated in the usual way. The de-
caration of one man is as good as another.
The Court admitted this proposition, and was about
to have Mr.. Whitney sworn to testify to the hand
writing, when Mr.. Lanahan said he would submit
another propostion-that no contempt of Court
can be committed unless done in the presence of the
Court. lie denied thata letter of this kind written
to the Court and sent through the Post Office could
be construed,in contempt of the Court Mr. Lam
ahan said he knew how the Court could be annoyed
by receiving such letters through the post, just
a private individuals could be harassed but they
could not be considered cOntempts, because they
were not committed in the presence of the Court.
He (Lanahan) did not justify the sending of such
communications by this man or any other man to
any tribunal, but he did not think his client had
committed the contempt.
The Court replied that the proposition of Mr..
Lanahan correct; but this letter was handed to
the Court while the Court was in session, sealed
and delivered in Court.
Mr.. Lanahan, after conversng with Mr.. Viator,
stated to the Court that his client had announced
here that he member of the bar in England,
and he desired to be heard by the Court himself.
The Court consented.
Mr.. Viator then, in few remarks, stated that
meant dlSresDect he GOurt hn mi
bers OF the bar, in what he had done. No man had
more respect for the judicial tribunals of this
country than he had He paid the utmost defer
ence and respect to every Judge and member of
the bar. He said he dscaimed an toto Offering anv
disrespect to this Court, by bis conduct meant
to show any contempt Of its proceedings.
The Court, after hearing Mr.. Viator, remarked
that it accepted his disclaimer and said the Court
would hardly have noticed the communication if it
had not thought it necessary to do sO in Justice to
the members of this bar, whose motives had been
impugned by the writer.
The Court ordered his discharge.
Mr.. Fiator having thus purged himself, imme-
datelv left the courtroom.
Augustus Block, indicted for procuring goods
under false pretences was admitted to bail in the
sum of 1850, Solomon Hillen, Esq, bondsman.
The Court at 2 o'clock adjourned until this
morning at 10 o'clock.
The Petit Jury were discharged until Monday
morning at 10 O'clock.
SUPERIOR CoURT.-Hon. r. N. Martin, Judge
The following occupied yesterday
Clarke rs German, garnishee. Agreed.
Davis as. Turner. Judgment.
Assignment for Monday q to so.
The Court requests the members of the bar
having in the assignment, to be present at the
call OF the docket in person or by representative.
UNITED STATES DISTRICT CoURT.-Hon. VIM. Fell
Giles, Judge.
The following occupied yesterday:
VIM. Rogers and VIM. W. Elliott u.s. Edward
0. Cooper and Edward X. Cooper. Libel for
wages. Before reported. Decree for Rogers for
S3l.Sl. Decree for Elliott for Sl3.75.
Nothing done in the other Courts. Judge Krebs
is confined to his house by indsposition. Judge
Marshall is absent from the city.
CIRCUIT CouRr FOR BALTIMORE CoUNrY.-Before
Hon. Judge Price
TowsoNrowN, March %, 1860.
A. W. Machen, Esq, acting as attorney for the
State
The argument in the road case of Hoshal u.s.
HCfacker et al, before reported) was re-
sumed this morning by Mr. GrasOn for the appel
liant, and closed by Mr.. Machen for the appelees.
Decision of the Court held in curia.
The motion for a trial in the case of the
State rs. John George Baritch, convicted of keep
ing disorderly house on the corner of Pratt and
Penn streets, was withdrawn, and the fine and
costs, Sll2.25, paid by the party.
State Us. Adam Dasch, of "Snake Hollow" in
dcted for the larceny of black velvet vest val
ued at So, the property of Samuel Owens, alleged
to have been committed at Samuel Ropinson's no.
tel CatohsVllle on tue Z0th OF February last was
placed in the dockbox for trial, but after consult
ing his counsel, Mr. Grason, the prisoner pleaded
"gulty.' Not sentenced
The civil docket then proceeded with, and
the case of Jane Dickinson, executrix of Christina
Ann Hastings Samuel Hastings, executor of
James Hastings, removed from the Superior Court
OF Baltimore city, was taken up and the motion to
elect argued before the Court. Not concluded.
The jury was discharged until Monday morning,
and the Court adjourned until tomorrow, when it
will sit in Equity.
Court OF APPEALS OF Maryland DEUEMBER
TERM, l859.-ANNAPoLIs, March 23.lSG0.-No. &C.
7. b. Horwitz Us. Allen B. Davis Appeal from
the Court of Common Pleas The argument in this
case which was commenced yesterday by Theo B.
Horwitz for the appellant was further continued
and concluded by Linthicum for the appellee and
Williams for the appelant.