The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1860-03-01


the attention of the Judge several times the forfeiture
but each time he refused do anything the last
occasion sad-Hnesly had seen him and he had agreed
to give him more time he promised to bring Lemon
M On another occasion, after the objection of the Dep
uy States Attorney to take Hnesy bail in case and
after taking him. and when the Judge had left the bench,
for an adjournment and was standing within the bar
Hinesey remarked to him that she had much right to
trade in bail as in horses" He has repeatedly taken
Hinesy bail since this declaration At the close of
last September term with eight murder cases. and
seventy assaults with intent to murder pending and
tried whilst much under the influence of liquor he con-
tnued all of them to January term refusing to sit any
longer and try them He has repeated OCCASIONS af
ter several days trial of murder and other mmed
atey adjourned the Court till next day. after the ndict
ment was submitted positively refusing to wait five
ten minutes for the jury to render verdict if they could
agree, and against the onsrance Of the States AOr
ney, counsel on the other side, and the jury many
of whom were men of business-compelling the jury
to remain locked up at hotel all night and refusing
to come in during the afternoon to receive their
Dict He has, in the pressing and important cases.
positively refused to expedite business by holding
afternoon session. except in very few instances. His ap
pearance and manner the bench gross ond undgni
fed to the last degree the proceedings of the Court being
conducted frequently without regard to any kind of der
and decorum.
J. D. HAMBLEroN, sworn
For the last two three past have attended the
Tlal OF almost all important cases before the Criminal
Court and have observed the conduct Of the Judge Dur
ing that time repeatedly have seen him in such
diton upon the bench rendered him unfit to act;
when speak of his condition upon the bench mean to
say that he much under the influence of liquor
that it with difficulty he could keep his eyes open
and usually folded his upon his desk and would
ton his head in seeming approval dsapprova of
thing upon his mind and about which he talking to
himself when In this condition he seemed utterly
less as to what going around him. and the bust
ness of the Court proceeded with almost without his
participation He usually reaches the bench fifteen
or twenty minutes after the other officers of the Court and
the Juries have assembled. Within the past twelve
months do not remember to have him make a sim
gle note OF the testimony although some ten or twelve
murder cases have been disposed of before him. does
ly requested to do by the jury and all the counsel in
the case. When he has been drinking in this way it is
then quite certain that witnesses and counsel will be
harshly treated have never seen the Judge stagger
upon the bench, but think safely say that dur
ing the time speak Of be has not suffered week
pass without showing, beyond all doubt that
either the night before in the morning before going
into Court he had been drinking to excess; would
sleepy and dull and sit sometimes with his eyes closed
and apparently asleep His language at times is exceed
ingly vulgar occasion during the trial of VIM. G.
Ford Preston D. Parr, merchant of our city,
Clerk, remarked to the Judge, ~ desire, sir to be
cused from serving to day have sickness my family
marked, "who is sck?7 Mr. Parr replied "My wife,
sr The Judge then remarked, [Too gross for inser-
tion During the argument of motion for new trial
in the case of Robinson his counsel spoke for nearly
hour and was compelled to stop in the midst of it and
ask the Judge if he giving the matter any attention
He sitting with eyes closed his head reclining
upon the back of the chair, and did not at first
hear the counsel, but starting suddenly, required
him to read that { the authority over again.
WITNESSES FOR JUDGE STUMP.
JOHN s. POINTER, sworn.
do not know that Judge Stump is in the habit of using
the bench, have him intoxicated the
bench, have not known him adjourn for that pur-
pose. | have known him adjourn the Court for Is or
20 minutes, but do not know whether it for that
purpose or not have known him to adjourn at the
quest of the jurors have known him be vulgar
and undgnifed on the bench. have known parties of
sgenera bad character to be received BAIL but they
justified and swore that they had property enough to
the amount of bail do know that the State
Attorney protested against the Court receiving John
Hinesy as bail But Hnesly has been received bail
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worth eight or ten thousand dollars.
DANIEL II. McPHAIL sworn.
have known Judge Stump for about twenty
years; have never seen him intoxicated more than
twice in my life the bench whilst in the dis
charge of his duties have been present several
occasons-once as juror serving some sixteen days
this is about five years since; since that period
nave Deen IN Court frequently once or twice as wit
ness and at others as spectator in none of these in
stances has the Judge in Judgment been under
the influence of intoxicating drinks; persons at
some of these times have supposed him but per-
ecty satisfied of their from the fact that they did
not know him we'll The Judges natural appearance,
well the negligent manner of his appearing in
public, together with his address (naturaD
would incline some strict professors of temperance
to draw an unfavorabe conclusion as to the Judges
habits. | have, however, seen things which thought
initiated against him Judge; they consisted in his
not eXactng from counsel the respect due him the
bench and which fact they appeared, in most cases. to
take advantage of.
ELIAS ELLIcoTT sworn
was acting on the jury in the May term Of the Crmi
nal Court of Baltimore city, 1852 and served in that
pacty for about six weeks Judge Stump throughout the
whole time presided with dignity and think with abil-
ity He was not intoxicated and am certain not under
the influence liquor when presiding in Court through
the whole term. He the habit of entering into
conversation with some of jury he came in and
went out, which would have given opportunity of
knowing whether he under the influence of ardent
spirits not Through the whole term he appeared
be anxious expedite the business of the Court the de
lay in not having the tried often owing to the
witnesses not being in attendance
JOSHUA NJ. MYERS, sworn.
In reference to the charge of Judge Stump having said
to two German women to home and if they came
back again. that he would put them in Jail where they
could not whorel have recollection of this Two
women had quarrel and were brought in the Court
charged with asSautng each other in the evidence that
came out it appeared accused the other with
being whore; it being tring and assault hav
ing been committed the Judge said to Interpreter
of the Court tell them to go home and if they
back again will put them in Jail where the cannot fight
In reference to his being drunk the BENCH far
observation has went in official capacity as Interpreter
of the Court cannot that have discovered him
under the influence of liquor while presiding the
Criminal Court.
AsBURY BOND JARRETT, sworn.
was in Court during the trial of the case
action it in evidence that the parties had called each
other whores The Judge in dischargng the parties
marked that persons who followed that business should
keep quiet and not fight and if they caught fighting
again he would put them where they could ght any
more did not hear the Judge say he would put them
where they could whore was sitting on the steps
leading to the Judges desk at the time and heard all that
was said have never known the Judge to be drunk on
the bench. Am one of the Petit Jury in the Crim
nal Court
MICHAEL S. NORMAN, sworn.
for consecutive years. him drunk the bench
never him intoxicated but once-that Christ
mas vacation. During one term the imparality and
ability displayed by the Judge such to the
Jury to unite in the expression of their appreciation of
his conduct in their report at the time of their adjourn
men The report signed by all the Jurors present
at the term Mr. Pinkney, Deputy States Attorney, has
said to that he considered him a smart lawyer. That
he is altogether Incompatible cannot think be doubted.
JOHN f. EVANS sworn
reside in Baltimore city and the reporter of The
Patriot newspaper. have not been acquainted with
him personally for some time, but have known him Off
ciay for eighteen twenty months. have been in his
Court frequently during the trial of cases. have al
ways seen him conduct himselfin a which his
position demanded and in accordance with dignity, and
have heard him make many ludicrous remarks which
caused merriment, but which checked by himself
the baiis but never heard any obscene remarks from
him.
DIR. f. S. THOMAS, sworn
am the physician Of the city Jail. have been almost
daily in contact with Judge Stump during session
his Court caused from the fact of my having almost daily
intercourse with hm-from the fact of my being physi
clan to the JAIL have during that nercour>
conduct upon the part of the Judge whilst upon the bench
either ndecorous or undignifed him intoxi-
Gated on the bench, although my attention has been
called frequently to observe his conduct whether drunk
or not have never heard vulgar language used by the
Judge in Court.
JOSEPH W. sADLER, sworn
Have been bailif in the Criminal Court for nearly
three years. and have opportunity of seeing him almost
daily for that time; never him drunk during that
time, off the bench; heard him vulgar
pofane language during that time have two of the
jurors drunk, the Judge being notified of the fact told
not to let the jurors have any more liquor and to
come in sober the next morning. having charge Of that
particular jury his conduct Judge is dignfed and
courteous on the bench.
THOMAS C. JAMES, sworn.
l am Warden of Baltimore city Jail; have the
Judge frequently: him drunk whilst on the
BENCH believe the Judge to be dignfed courteous and
upright Judge; never heard him vulgar profane
language.
WILLIAM ALEXANDER, sworn.
am member of the Baltimore bar have be en- ac-
quaned with Judge Stump, socially and officially,
since he has occupied the bench of the Criminal Court
and socially years previous to that time perhaps
for twenty years altogether; have knowledge of his off
cia conduct the Judge drunk upon the BENCH
never heard him vulgar, obscene unbecoming
that in all my intercourse with him. officially social
ly, his language has been chaste in marked degree
have him occasionally the bench ncensed when
vulgar language used at the bar.
WILLIAM II. DAVIS, sworn.
Ny occupation is deputy sheriff under G. H. DuttoR
have been for four or five years past have been
stable and had frequent business with the Criminal
Court; anything unbecoming in him as a
Judge; never him drunk nor heard him use vulgar
profane language, either off the bench.
THOMAS G. ELLIOTT, sworn.
Occupation general huckster; have known the Judge
for three four years. have been the Jury and often
guised with liquor never heard him make of vulgar
profane language; have heard him speak roughly
the lawyers when occasion required it, his conduct
the bench is digniGcd and courteous.
W. \. GLANyILLE, sworn.
Occupation student at law; have been in the Criminal
Court nearly every day for years: the
language the bench; have heard him reprove some
members of the bar for using such language; sometimes
petulent and sometimes otherwise; why he can
not tell his conduct Judge is dgnifed, courteous
and upright on the bench.
ROBERT NJ. BEAN, sworn.
Occupation, inspector ofliquors have known the Judge
for fifteen years. have been regular Juror on several
terms never saw Judge Stump drunk the bench;
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