The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1861-01-12
la w INTELLIGENCE.
TRIAL OF MILTON II. WHITNE Y

TRIAL OF MILTON II. WHITNEY.
CRIMINAL COURT-JUDcE BOND.
Hon. Henry May, States Attorney prosecuting.
State Milton Whitney, indictment for making
alse report to the Legislature. Messrs. Pitts and
Whyte for the defence.--The Court room was
more densely crowded Yesterday than on any pre-
vious day, owing to the fact that Mr.May intended
to make the opening argument for the State The
Court was called at III O'Clock, but owing to the
necessity of Mr.. May attending to some personal
business, he did not commence bis remarks until
nearly twelve o'clock. Previous to commencing his
argument, however, Mr. MAY said he felt it his duty
in justice to Mr.. Gwinn who had been summoned as
witness for the State to read letter from that gen.
teman, which be stated, that he had gone to Wash
lngton on Thursday morning to attend to a suit in
which he was engaged, and did not know until his
return in the evening of that day. that he had been
summoned to appear before the Court Ifhe had
been apprsed before of the fact, he would have de-
erred his visit to Washington, and been present at
the Court. Mr. Nav continuing said that il was
he believed, on the l4th day December last, that
bis Honor, after having, he learned, looked for
prosecutor in this case, and having called at his
office and twice at his house, addressed letter to
him, which he received while in the bosom of his IA
mly, rendering to him this appointment. That letter
IN which the Court very tiatteringly alluded to his
professional career, concluded as follows: clipping
that your of professional obligation and duty
to the public at large will lead YOU to accent it. /
tender you the Office of States Attorney during
the disability of the present incumbent" His
Honor knew and well knew that no member of the
profession mac less reason TO expect this tender OF
a high obligation than himself, and his Honor also
knew that he responded promptly and accepted the
trust solely from a of professional obliga-
ton and duty to the public at large. Under
these considerations he trusted that he stood
there justified in his course before the public and
he intended to stand there to discharge his public
duties until the end of the inquiry. Mr.. May
said, ii any one supposed that he had undertaken
TINS prosecution for the purpose of gratifying any
personal ends or political aims, to prosecute a
man, who, it has already been said, whether truly
or not, has been injured and prosecuted by the
press, they are sadly mistaken, he would be the
last man to engage in any combination of the sort
Ii any one had supposed that he there for the
purpose of participating in farce to take part
in a judicial mockery if the idea had not already
been disspated, he could assure them that would
be before the end had. As to some mputa-
tions upon his course, which had been floating
about to the effect that he desired to be an occu-
pant of the office of States Attorney, he spurned
them with disgust. 1t had been nine years since
he had entered this Court room, to take part in its
proceedings, and it would be ten times that num-
Der of years before he would be again found oc
cupying the same position as he did then. The
Office OF public prosecutor is an unpleasant one, a
painful one, he knew that it was so when
it was undertaken. He knew something of the
practice of the office and the Court when he accep-
ted the trust having filed the office himself wears
ago in this Court lie stood in the Court now with
one single purpose the determination to fulfil the
responsible trust which had been rendered to and
accepted by him. He emphatically declared that
he would not fill the office of States Attorney for
the city OF Baltimore, if the fees ten times the
amount now allowed by the Constitution. He
had seen the whole case since the evil
dence had been presented he sax it before
and the Court knew that he was as far separated
from originating the proceedings in the case as the
traverser himself--Mr. May then said, that he
had examined the whole case carefully, and under
stood it fully, and he would support the indictment
with zeal, and going before the Court as Judge and
jury, would prosecute it to the end. He would in
sIst with earnestness upon the evidence in
the cause for conviction, but in doing so,
would separate all opinions of his own
from the facts adduced. Upon the averments
in the indictments the guilt or innocence
OF the traverser rests The responsibility of deter
mining whether they have been sustained rests
with the Court. His responsibility was to repre- |
sent the public justice; the Court was to determine
between that and the traverser. MIR. May then |
said, that he felt justified in thus making this per-
sona explanation; and that when his duty to the |
State had been performed in this case, no matter
what would be the result he would retire from this
courtroom, satisfied with having performed to the
oest OF his ability the important trust imposed up.
on him, and feeling more interest in the result
imam the humbest citizen of the community
he then referred to the remarkable char
acter Of the indictment, one in which
public officer was arraigned beforehe bar of the
Court for official misconduct in his ofce-a charge
which, although it does not carry guilt with It.
such as is attributed to the meanest criminal vet
as much moral guilt, for one in his situation, as
epuiG be charged against criminal brought before
the Court The charge was not oply against nnh |
lie officer, but an officer compelled here 10 main
TAIN the law, and enforce rigid application of that
law against all offending against the law Mr.. Nav
then after referring to the painful position which
placed public officer under the charge of official
misconduct when his official duties were so clear
~ defined by the fundamental law, went on to saw,
tnat as the representative of the State he felt
pound by his oath and responsibility to hold him
amenable to the stern rigor of the law He would
not the Cont n 10 IF v,a
Court sat there blindfod it the traverser on
ly according to the averments of the indictments /
and it was to judge between them and the proof
MIR. May then went on to state the law upon which
the indictment was founded. By the 23d sec. of
art. Sd of the Constitution the House OF Delegates
may call for all public official papers and re-
cords &c. and under this provision the House on the
"a February, 1850, called upon Mr.. Whitney to re-
port 10 them the receipts of his office for certain
years, and the legal expenses thereof To this call
mr. hltney made q report on the 18th of Februa-
~, Oh the same year which the indictment charged
alse report Mr.. May also wished to call the
constitution, intended to guard against any souan-
uSering OF the monies of the State, and remarked
INA. Tue convention which formed the Constitution
nsen. IN throwing checks in the way of the
uspursements OF the State funds, ard guards to
protect Its revenue. The Goth section of art;cIe
%, says: mo money shall be drawn from the
treasury OF the State, except in accord.
&c a ",dh aa appropriation made by law"
compensation shall be granted or allowed bv rho
oenerai Assembly to any public officer apent
eSant or contractor, after the services shall have
and aenuered on the contract entered into, &c."
anu again, to show the same sedulous care with
wnich the revenue is guarded the 10th section of
ne "a arucie denies the power to the Governor to
safPRPtopriate any of the public money. 1t saws
nen lhe public interest requires it, he shall
.ieo TO such compensation as the Leoislat,re man
te'%' MIR. May said he read these sections
IN, SNOW what care was taken to guard against
now fa zen inyasons upon the Treasury as were
T re !hen referred to the section in the
AZ ILon'tnutlon defining the financial duties of
,hs. .% ttes Attorney, wherein it is provided
.ua ne snail keep book, in which every sum or
SoPy OF which entries in said book shall be verified
" oath and returned to the Treasurer, wear by
;ar mat was strict provision of the law, and
y;o.tsa pe maintained strictly, and when it was
NM pno'a 1t, no matter who was the offender. Mr..
S aay tnen contended that BY the law the
nss. Attorney had no right to any mo-
into t fs excess tTce Of fees They must be paid
was fat to say what should be done with it, it
no matter wS for any one to put his hand on it,
referred =" no ne was Art. 9th, Sec LIST was then
Attorney, for Prescribing the duties of the States
moved from of; ioiaon of which he was to be re-
ment was found \, 10 accomplish this the indict-
which laid down ,r May then referred to the law.
officer refused or neRe siinSple that when public
ed forfeiture of the Office Io ms duty It work.
cuss the precise Of proceeded to dis
how those ayerments had been sn uunctment, and
proof The different allegations in ppa ny the
were then read and the attention Of thhaictment
ealied particularly to the last, when the trars
Is charged with charging certain false expss.a.
his othce, and Withholding certain sums Of moner
which ought to have been returned to the TEA:
pFy' Mr.. May said hs would prossed to examine