The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1860-08-15
BALTIMORE.
WEDNESDAY, AUGUST Is, 1860

WEDNESDAY, AUGUoI 10, 1861
Our readers may perhaps remember that upon
the 2Sh day of June, there appeared in our re-
port of the proceedings of the Criminal Court, of
the preceding day, the following paragraph -
estate Cs. GREGORY BARRETT, indicted for rioting
AT the l4th ward polls the ID CT November last.
''Plea of not guilty confessed by State" As this
announcement was published in no other journal,
such an omission was pretty conclusive evidence
that the case had been disposed of in manner
somewhat different from that in which similar
matters are usually settled. And this, we have
reason TO know, was the fact, for the public and
the reporters supposing the business of the Court
to be over for the day, had mostly or altogether
Withdrawn from the room, when the STATES
ATTORNEY seized the opportunity to abandon, in
the STATES name, the prosecution of the case in
question. When we were notified of Mr. WHIT
NEY's action, although we were prepared, from
our knowledge of all the parties concerned to
suppose some underhand trickery had been
practsed, we could scarcely believe that so au-
dacous a mode had been taken to relieve BARRETT
from the consequences of the crime he had so open-
ly perpetrated. We were disposed to think, until
the contrary was proved, that our report was
somehow erroneous, and that it was only an in
dicment for some minor offence, which Mr..
WHITNEY acknowledged his Inability 10 sustain
We determined 10 investigate the affair, and we
now lay before our readers the information we
have obtained, and tor which we are under No
obligation whatever 10 the clerks of the Court
who have manifested every disposition to prevent
us from gaining any knowledge ofthe contents of
the public, official records On the goth of No.
vember the Grand Jury presented GREGORY BAR
RETT, ANDREW McGUNNIGAN and others unknown
for 'riot and dsorderly conduct and for intimida-
'uon and prevention of voters from approaching
'the polls by firing pistols and by other lawless
'acts.' Upon the back of the presentment ap-
peared the names of Messr5. CALEB DoTY, Dr. III.
W. BARLEY, MICHAEL WARNER, CHAs. D. KINKS
and NJ. NJ. EGE, as witnesses for the STATE. The
next day the indictment filed, charging BAR
RETT, MCGUNNIGAN and Others unknown, with
riot on the I'd of November, 1859. On the 3lst
of May last MCGUNNIGAN was tried, and found
guilty by the Jury, and fined 500 by the Court
Mr.. links testified in the case, and detailed
to the Jury, in the hearing of the
proceedings he had witnessed in the l4th
ward, distinctly stating that BARRETT was one of
the leaders of the murderous crew who took
possession of the polls, and that he was
not less guilty than MCGUNNIGAN Notwith-
standing this, we find, on the 9th of
June, the entry upon the docket, 'tplea of not
equity as 10 BARRETT confessed by the State"
The endorsement also upon the back of the in
dctment reads, Center plea of not guilty as to
BARRETT confessed by the State" Now it would
have been an act of almost unparalleled hard-
hood in Mr.. WHITNEY to discharge, without
an open and thorough examination, any one of
the notorious participants in the most afro.
cious outrages of the last election day, and simply
alege his failure to procure proof enough to convict
the raverse even if the public was unable to detect
the falsehood. But it is tempting the forbearance
OF the community too fart is trampliug too
recklessy upon the laws it has established for its
protection to turn loose, not only UNPUBLISHED but
unquestioned an offender against whom the tesi
mony is so clear, so abundant, and so conclusive.
The evidence was, and is now, to be had at a
moments notice, and every man knows how ir-
REPUTABLE it is, for all have been long familiar with
the tenor of it. Three of the five witnesses
whose names are upon the presentment referred
to, have already spoken, and there can be no
misunderstanding about the nature of the proof
at Mr.. WHTTNEY's command in this case. In his
examination before the Magistrate who tool, the
necessary evidence when the seats of the members
OF the Legislature returned for Baltimore city were
contested, Mr.. KINKS said
u saw Gregory Barrett draw his pistol and fire five
times but being intently engaged watching him 7 did
not see at whom his pistol pointed after he had dis
charged all the barrels of his pistol called for rifles he
and some of his party raved like madmen swearing that
they would Kill the Reormers and heard McGunnigan
one OF the Rip Raps that Reformer shoud vote
except over his dead body this he said with horrd oahs
anu mprecaions, which do not to repeat in giving
testimony. When Barrett commenced his
threatening behavior before the firing seized him and
called on Sergeant Hough to arrest him. demanded his
arrest because he interfering with voters and disb
ing the peace; Sergeant ough refused arrest him.
In the same case, DR.. H. w. BARLEY testified:
sThe crowd scattered in different directions so that
ret man known to me Gregory Barrett, at least in
the act Of firing revolver saw him fire three times
one OF his shots taking effect in Daniel Duffy another in
Mr.. Stiles"
In the contested election case between Messrs
HARRISON and DAVIS, Mr.. MICHAEL WARNER said:
81 saw man by the name of Gregory Barrett think
hourishing pistol two three four times; do not
know how many after the first series Interruptions in
the morning. firing two or three times right and lefn
II the face of these sworn statementswhich had been
printed six months before, and scattered broadcast
throughout the State and city, the STATES ATroR-
NEY has discharged GREGORY BARRETT without trial
and pronounced him ''not guilty" Whether the lat.
ter and his friends were compelled to contribute to
the fine imposed upon his accomplice we of course
do not know. We will presume, however, that
the one hundred dollars which MCGuNNIGAN had
10 pay came from the exchequer of the gang, and
mat Mr.. WHITNEY considered the forfeiture of such
a sum by the club sufficient punishment to every
Rip Rap whose name figured on the
criminal docket He had evidently no desire to
rum an organization which had rendered him sig
nal servlces-he had not the heart to annoy GREG
DRY BARRETT who had headed the delegation from
Inc fourteenth ward TO the very Convention which
gave him the Office he has so abused.
Mr.. WHITNEY, doubtless, thought his action in
thlS instance would pass unnoticed, and that he
could manage if the case was forced upon his at
tention, to postpone it from time to time until the
public should cease to jog his memory about it,
ana eventually forget it altogether. We trust the
Grand Jury will remind him of this and other de-
llnquencies before long. We cannot believe he
Will be allowed for the future such immunity as
mas oeen accorded him in the past Are not the
american people sensitively alive to misrule in
naples, and the INSTRUMENTATION of Justice in
rome Are they not prompt to denounce the in
science or lneifciency of officials in France and
England? Do they not hold the enforcement of
''he laws to be the noblest rallying cry of Amer-
can patrols? Wewill presume, then, that they will
UoA ii''ie alter their own affairs and that Mr.
HlTNEY will be called on to give an account of his
stewardship. Upon the transaction we have men,
tioned should be based another count in the indict
ment, which the people of Baltimore are preparing
10 prefer against him, and having here published
'ne facts, any further comment upon them on our
part would be superluous
disguised volunteer. of the famous Irish Bri-