The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1860-04-13
la W LNTELLIGENCE
CRIMINAL COURT.-JUpGE BoND.

| State as. James Dugan, indicted for the arson of
the Union Engine-House on Balderston street. In
TINS case Messrs. Hamilton and Fisher, counsel for
the prisoner, entered plea that the trayerser had
been previously indicted for setting fire to a GER
tam clubhouse, to wit: enginehouSe, to which he
demurred. The demurrer was overruled by the
Court Afterwards, on motion of the States At
torney, the Indictment was quashed because a new
indictment was found by the Grand Jury four davs
after the demurrer had been overrued. To this
plea the State entered n general demurrer, The
matter was fully argued before the Court the
prisoners counsel contendng that a demurrer to
an indictment in misdemeanor under the case of the
State u.s. Black, End Nd was admitting the facts
as set FORTH and that after the demurrer was over
ruled it was the duty of the States Attorney to
move for judgment in the cause; that the prisoner
could not be put upon his trial another indct-
ment charging the same offence, because that
would be putting him in jeopardy twice. The
Court decided that the only way in which plea
OF jeopardy could bo sustained as by showing tuaJ
the party had either been convicted or acquitted
before, and sustained the demurrer of the State.
The empannelling of a jury was then proceeded
with. The regular panel being exhausted num-
Der of talesmen were ordered to be summoned -
During this process John Slater and Nathaniel
Robinson, indicted for assault upon Thomas
Bell, pleaded guilty and were fined each 81 and
costs; total in each case, SS.4l.-At two o'clock
the jury having been elected and duly sworn, the
State examined several witnesses, who testified
to about the same facts were brought out upon
the trial of John Lainhardt convicted for the same
offence. Mr.. Pearce, one of the witnesses testified
that Dugan came to his public house, which was
adjoining the engine house, on the Sunday NIGHT
previous to the fire, in state of intoxication and
took number of matches from the safe and went
out, and that he, suspecting something wrong went
and secured the doors of the building. The de-
fence offered testimony. The case was fully ar
gued by counsel, and at a quarter of six O'Clock
the indictment was handed to the jury, who, with
out leaving the box, rendered verdict of guihy
Mr.. Fisher gave notice that counsel intended to file
a motion in arrest of fjudgment.-The Court then
AM
tus Block, indicted for obtaining goods under false
pretences from E. Goldsmith and from Morse d
Martin-twO indictments. Tried before the Court
Mr.. Goldsmith testified that Block stated to him
in November last that he had put into his business
as capital, when he commenced, 81 900, that he
had put in $1,000 since, and expected to put in
81 900 more in February; that he sold Block about
S6OO worth OF cigars upon these representations;
that when Blocks notes became due they were
protested that Block stated that the assets of the
concern were sufficient, and that he was able to
pay all his liabilities in full and after the protest
1T was discovered that there very few assets,
and that be was utterly unable to pay his liabii-
ties and positively refused to do so. On cross
examination it appeared that Goldsmith had pre-
viously sold goods to Block, which he always paid
Tor; that some of the 5000 worth of cigars were
returned to the owners, and that Goldsmith was in
formed that Mr.. Calhoun had put 81 900 also into
the concern as partner; that afterwards receiver
was appointed and the affairs of the concern settled
Charles G. Morse testified that Block came to his
store in January to buy goods, and stated that he
had put SO, 900 into the concern that Mr. Calhoun
had already put in 81, i 90 and would in a short
time put in $500 more; that upon these representa-
tons he sold him about 5000 worth of cigars; he
took dOte for the amount. which was protested,
and at an interview with Block afterwards about
the note he said that he did not believe his debts
ever would be paid and seemed not to care whether
they would be or not On the examination it
appeared that Mr.. Morse, after the conversation
with Block, had made inquiries in relation to the
character of Mr.. Calhoun, his partner, who he
learned had put money into the concern and was
considered fair-dealing and upright man. The
Court thought the allegations in the indictment
could not be sustained and declared the traverser
not guilty. Two other indictments against
Block, charging him with obtaining money
under false pretences from Charles C. Cal
r. Stockett Matthews, Esqs., for the defence.--
At the conclusion of the above cases Levi Hoffman,
charged with assaulting with intent to rob John
A. Williams, was put at the bar. Mr.. Cowan, his
counsel, was not present, nsr did of the wit
nesses for the defence answer. Mr.. Whitney said
he was ready to go on. The Court then requested
Mr.. Matthews to act Hoffmans counsel. Mr..
Matthews wished to be excused he knew moth
ing of the circumstances of the case. The Court
would not excuse him. Mr. Matthews then, after
a consultation with the prisoner, stated to the
Court that Hoffman, having no witnesses and his
employed counsel not being present. thought that
he could not go fairly to tra-that, under the cir
cumstances, he (Matthews), as an officer of the
Court, had considered it proper to inform the pris-
oner of his rights and advise him to remove the
case if the Court insisted on him going to trial.
The Court said itwoud postpone the case until to-
morrow (thisl morning, when it must be tried or
remoVed.-The Court at twenty minutes past
seven O'Clock adjourned until this morning at 10
o'clock.