The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1860-03-09
FRIDAY, MARCH 9, 1860.


distinguished for his impartiality.
lie has private and public enemies. There are |
some in Baltimore who have been most prominent |
in prosecuting him, governed altogether by person
al enmity. There are men in my party who |
are endeavOring to have him expelled, that they |
may obtain his position, but he intended to act in
this matter on the principles of right and justice.
Ii he is not given fair and impartial trial. he for
one will give his vote for his expulsion, as
proposed by the majority of the Committee. He |
bad no desire to evade the responsibility of direct |
vote the question, but he would resist any mode
of proceeding that will not grant the accused a |
fair and impartial trial. -,
| remember on one occasion, that was of opin- |
ion that Judge Stump should be expelled. For
twenty-four hours | was convinced that he was
incapacitated Tor his position. | was engaged in
the trial of an important murder case, and whilst
addressing the jury discovered that the Judge was
asleep the bench | thought at the time that he
was drunk, but twentyfour hours after heard that
he WAS under medical treatment, that he had taken
| an overdose of laudanum and was PROSTATE from
physlca weakness. These petitioners may have la
oored under similar msapprehensions, and it be-
comes the duty OF the Senate not to act precipi-
tate in this matter, and not deny the accused fair
and impartial hearing. He protested AGAINST anv
delay being attributed to him. He had desired an
early disposition of the case, and II 1vas in tho
power of the Committee. -..-~
Mr.. MCKAIG said that he did not desire to take
part in this debate, and would not but for the re-
marks of Mr.. Yellott. That gentleman had on a
previous occasion made remarks with regard to
the action of the committee, which had been CON
strued out of doors to that he and Others had
signed their report without reading it, from which
he had been thrown into a personal difficulty. He
desired the gentleman to speak distinctly and def
nitely in his illusions to the committee.
| Mr.. YELLoTT.-Does the Senator mean to say |
have uttered falsehood?
Mr. McKAIG.-I wish the Senator to understand
that am responsible in this house and out of this
house for anything may say.
Mr.. IELLoTT.-l am pleased to hear it.
Mr.. GoLDsBoRoUGH.-I fully sustain all that the
gentleman from Allegany has said, and Join in the
demand for explanation.
Mr.. YELLorr.-l will answer the gentleman from
Talbot, but can notice nothing here that the
gentleman from Allegany may say.
Mr.. MckAIG.-I have the floor, and have not vet
finished. | say that | must enter my protest
against any inferences that may be sent out from
here to be construed, his other remarks have
been construed as duplicating myself and and the
Senator from Talbot in any blame in this matter
| say the Senator is in duty bound to avoid making
statements here with regard to the action of the
Committee that is liable to be construed as to
misrepresent us.
Mr.. YELLoTT. | have no answer to make to the
Senator from Allegany, but | will reply to the
Senator from Talbot. | must say, and do say, that
| am not responsible for the action of this commit
tee. | could not control the committee. They are
not responsible for my conduct nor am for their
conduct. | know that the Senator from Talbot
has no purpose to impute any improper motives to
me, nor do impute any improper motives to him.
| Col. kIMMELL desired to occupy the position
dom of God" Laughter He sure. there
was intention on the part of either gentlemen to
say anything personally offensive to the other. He
would, therefore, attempt to pour oil on the trou-
bled waters, and hoped that all personal feeling
should be discarded from this matter. In conclu,
sion he said he would sustain the motion of Mr..
YellOtt to give Judge Stump fair trial, governed
by the rules of evidence
The yeas and NAYS were then called upon the
substitute offered by Mr.. Yellott and resulted as
follows:
Ayes-Ye elliott KimmeI, Stone, Heckart and
| Townsend.
Nays-The balance of the Senate
Mr.. YELLoTT then presented to their consideration
an appeal from Judge Stump, asking that he be
allowed to be heard by the Senate, by counsel.
Mr. GoLDsBoRoUGH of Talbot, moved that the
Judge be allowed to address the Senate one hour
in person.
Mr.. YELIoTr stated that he was informed that
Mr. Schley and Judge Mason were here prepared
to appear in behalf of Judge Stump, and moved as
substitute that these gentlemen be allowed to ad
dress the Senate for one hour each.
Mr.. GoLDsBoRoUGH said he could not assent t.
this wihout also asking that the same privilege b.
allowed to the petitioners of appearing by counsel
Mr.. GoLDsBoRoUGH, of Dorchester, offered an or
der that each party be allowed one hour.
Mr.. STONE thought the Judge should have al
the opportunity of being heard that he might desire
Judge GARDINER approved Of giving the Judge
hearing.
} Mr.. MILES offered an order that Judge Stump b.
heard at the bar of the Senate by two counsel fo
one hour each.
| The vote was then taken on the motion to Civ
the counsel for Judge Stump two hours, and adopt
ed-ayes II, nays g.
Mr.. MILES moved that Mr.. Hambleton of Balti
more city, be allowed to address the Senate for
e hour in behalf of the citizens of Baltimore
Adopted
: MIR. YELLoTT then presented several memorial
A protesting against the removal of Judge Stump
e | signed by David Springer, Michael l.. Mormon
: John Patrick, John H. Westwood, John F. Pointer
| Joseph F. Creamer, r. w. Irons, Michael Caughey
: T. Hanson Belt, William Clark, and 800 others; a.
: protesting against the truth of the charges mad
2 against him by the memorialists.
7 Mr.. MASON said that they regarded the refusal t
: give more time for preparation to the counsel a
equivalent to the withdrawal of the privilege. H
: could see difference between using two hour
: now and using two hours tomorrow. If time wa
scarce, delay would not be equivalent to los
: of time.
!, The opinion of the CHAIR is, then, that the cas-
, should proceed without counsel.
Mr.. SCHLEY did not understand Judge Mason a
e withdrawing the privilege of addressing the Ser
s ate altogether. He here to stand by an OLE
friend, and would do all in his power that his dut
will permit.
Judge MAsoN.-We have not yet retired.
e Mr.. GoLDsBoRoUGH, of Talbot, said that this cas-
f demands immediate action. If these gentlemen ar
q not prepared to proceed now it is no fault of tn
petitioners; it is no fault of the Senate. He woul
5 therefore move that if these gentlemen refuse t
proceed that the vote be taken the majority re
t port.
Mr.. YELLorr moved that the counsel be permitte
D to address the Senate tomorrow morning at l
0 o'clock.
: Mr. GoLDsBoRoUGH, of Dorchester, moved as a
G amendment, that the gentlemen be invited to at
dress the Senate at halfpast clock this eve
7 ming.
!, Mr.. GoLDsBoRoUGH, of Talbot, said that he di
e not like TO object to these proceedings, but
! Mr.. MILES asked to say word. He gave motto
that he would move reconsideration of his motto
to allow the hearing of counsel if this procrastina
e ting course persisted in. | for one, am no
. willing to leave this chamber until this is
nally disposed of
t Mr.. GoLDsBoRoUGH, of Dorchester, made motto
: to reconsider the order granting the privilege
l. addressing the Senate. The ayes and nays bein
If called, resulted as folows-ayes 10, nays II.
r Mr.. SCHLEY then addressed the Senate, stati n
that Judge Mason declined to take part in the al
gument for the reason that he had not time to rea
e the testimony. As to hmselfhe felt hmselfn the pC
rs sition of friend of the accused and he believe
he never, during the twenty-five years.
r. much in need of friend at the present moment
E. he would proceed and address the Senate in h
!, behalf.
IS Mr.. SCHLEY proceeded to briefly address the Sci
Y ate, stating the intention of himself and jude
Mason to retire, and decline the acceptance of tt
d privilege extended to them counsel for Jude
1t Stump. He bad been convinced from the first thi
there must be trial in this case, conducted undo
e all the rules of evidence; that it not legisl
lie tive, but judicial act; it is sentence pronounce
Y. upon him, and mere sentence. You cannot legi
30 late him out of office, and condemn him without
trial. Ou give MIN the form Dut not the SuDStanl
t. of trial But perceive that the minds
o this Senate made up, that it is determined t
,e vote.
|, Dr. LYNCH (interrupting) would respectfully e.
D. uuire whether the counsel have retired?
is Mr.. GoLDsBoRoUGH, of Talbot, thought the cour
was altogether discourteous to the Senate althoue
~ he would not undertake to accuse the gentleman
t. intending to be dscourteous. That the courtesy
s. the Senate has been abused in attempting to lie
is ture to our duty, the gentleman himself wi
On reflection, see that the feelings for his frie1
'r have led him to go too far. He had voted al
is acted in this throughout with the utmo
e. courtesy, and had not allowed any outside nfuenc
n to have anv weight on him.
in Judge MASON desired to say word before
IN tiring from the Senate He considered the pr
j. ceedings improper and informal. 1t was nothir
d. more less than impeachment. l enter II
re protest.
IL Mr.. GoLDsBoRoUGH-With all respect to the ge
ne tleman, must object to the course being pursu
70 by gentlemen as dscourteOus to the Senate.
Vi Mr.. SCHLEY desired to say a word.
MIR. GoLDsBoRoUGH-Have the gentlemen declin
e- the privilege granted by the Senate?
Mr.. SCHLEY-We have.
d. Mr.. GoLDsBoRoUGH-Then we desire the gentl
OF man to withdraw.
m A call of the Senate was then ordered, and it W
IS found that all were present except Mr.. Heckart.
oe The resolutions were then read to the Senat
ry including the address to the Governor, request
rn the removal of Judge Stump.
us Mr.. YELLoTT arose before the ayes and nays we
IN called, and briefly recapitulated the reasons tn
eT | would influence him in voting against the reso
I'D lutons of the committee. He also reviewed t
er memorial both for and against the judge, and stat