The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1860-08-22
BALTIMORE.
WEDNESDAY, AUGUST %, 1860

IN The 26th of December, man was murdered
40 s,reets nv A gang of outlaws who had long
hoon the terror of that section of the city which
they habtualy infested. The party VINO was
eupposed to have fred the fatal shot was lndicteo,
tried and ACQUITTED. Since that time further
evidence has been obtained, and the Marshal OF
Police has arrested several persons on the charge
Of being principals or accessories to the crime
- these individuals was brought before
.ARToL some days ago on writ of habeas
and the Judge went into an investigation
fair and discharged the prisoner on the
that he was many squares away from the
hen the murder was committed fester-
le other parties who were supposed 10
inected with the transaction were brought
judge BARroI, and they too, were released
@ The Judge thought they had been arrest
n insufficient evidence. We must be par
for saying that Judge BARToL has, not
in our Judgment but in that of the
nd the community generally, taken an erro-
view of the law and pursued an ill-advsed
Elm this case. The writ of hdJeas corpus,
els bound TO grant, and he is under an equal
obligation, when the prisoner is brought before
him, to examine into the matter so far as to see
whether the party is Illegally or unjusy detained,
and if such is the case it is his duty to order the
release prayed for. We submit to our readers the
testimony adduced before the Judge yesterday,
and respectfully ask whether he should have
hesitated to hold any one TO answer a similar
charge on such proof as was adduced against
GADE and MULLY. They were both present when
NAFF was killed, and were confessedly members of
the rullian gang who murdered him, and if the
facts proved yesterday do not justify the arrest Of
the parties and their detention to await the action
of the Grand Jury then it is useless ever again to
arrest any man upon suspicion, matter how
strongly circumstances may point to him as
the principal or accessory. If when men are COM
mitted to await the action of the courts they can,
by being brought ont on habeas corpuS, compel
the State to produce lis evidence in full, it will be
found that when the Grand Jury subsequently
meets, the witnesses will have disappeared or
been tempered with. If the other hand the
State does not bring forward evidence enough to
convict the prisoner, he may be released and fly
from justice before the case against him can be
properly investigated. If we understand the duty
of a Judge in q case of this sort he is to de.
termine merely whether the accused has been
committed by lawful authority and upon legal
grounds. In this instance both GADE and MuLLY
were held upon warrant issued in due course Of
law, and upon evidence which is sufficient TO
convince any one that they were so nearly con-
nected with the murder as to justify their deten-
tion at least until full examination had been
had by the Grand Jury. If stronger evidence
than that brought against them is necessary be-
fore Magistrate should commit, we may predict
that few ruffians will ever be held, and that
general Jail delivery will take place prior 10 the
meeting of the Criminal Court, on writs of Aa5eas
corpus. We have great respect for Judge BARToL,
but we are bound to say that mis- proceedings in
the cases referred to, have very disagreeably sur
prised this community, which will scarce know
where to look for a fair and intelligent enforce
ment of the laws, upon which we rely for pro-
lection to is and property, after the extra
ordinas4 ANuse he has seen fit TO pursue, and
which it is our unpleasant duty TO comment upon
have done.