The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1861-01-15

he believed, by any other public officer MIR.
Whyte then alluded to the two mistakes, which be
had referred to in his opening address, when Mr..
Whitney was making up the return for 1859, and ex-
planned them in the same manner; that they occurr-
ed while taking memorandum from the books lnthe
Registers office. The errors in.the ret urn appear
on this memorandum, said Mr.. Whyte, and Mr.
Whitney had it when he made out the report. lie
had made no report to the Treasury since OF any
thing later than the dates this paper As to the
Gaskins item, the House furnished with the
fees paid to him by Gaskins to the full cent. But
because the amount appeared in 1859 instead of
1858, the withholding of interest was the offence
| He got no interest, and he was not rendering
account to an accounting officer. He was only
| giving information of the money he had received
that was all the order asked for. The case of
Mr.. Creamer next considered. In this case
said Mr.. Whyte there is no charge of non-pay yment
ofth money to the Treasury, but the non-return
of what had been paid to Mr.. Pinkney. There had
been settlement on this account when the order
was passed and there discrepancy, ani the
accounts were to be audited and the settlement
was made after the order was passed
AS to the amount of that discrepancy, the Court
would find, said Mr.. Whyte, that for May Term
Mr.. Creamer had down S772, when the real amount
was S649. Did Mr.. Whitney conceal or secrete his
account with Mr. Creamer? He informed the
House of the discrepancy and reported the state of
the account Besides, this money was paid to Mr..
Pinkney, and not to Mr.. Whitney, and he had not
received the account from Creamer for the final
settlement. Mr.. Whyte, in drawing to a concu-
sion, SAID the C0urt must Hnu guilty. anu corrupt
motive in the breast of the traverser before 1t
could pass judgment upon the indictment. The
Court must such precise and definite
transgresson upon the word as to be able
to apply the punishment which the positive
law may infct Could the Court vacate the
Attorneys office, for not returning the fees re-
ceived by his predecessor in office? Would it jus
tfy the Court it believed that he had falsfed his
answer to the House, as to what had occurred in
the time of his predecessor. Mr.Whyte trusted that
he had satisfied the Court that it had jurisdic
tion in the case; that if it had, that the act
planned of was not done by Mr.. Whitney as States
Attorney; and if he did it States Attorney, it
was no legal offence; and that the facts did not
support the allegations of the indictment. Mr..
WLyte concluded his speech as follows The etraVer-
ser is entitled to most thorough and earnest con-
sideration of his case to every advantage of legal
doubt, and to every legal barrier to general and
underlined accusation. AS high public officer, asa
private citizen, he has all but life at stake.
family highly respected in social standing, most
interesting in their private character is growing
up around him. The disgrace of conviction falls
not on him alone 1t strikes down the children
with the father and blasts alike the happiness Of
the wife and husband. If it be deserved we cannot
the altar of party political prejudices or breaks
down the bulwarks Of law and precedents, man
who has had part or lot in nauguratng this prose-
cution, will look upon the shattered wreck, but
with sorrow and remorse.--My part of the duty
is now performed and am about to surrender the
case to your Honor, so far as my connection with
it goes---Mr. Whyte concluded at o'clock,
when the Court adjourned until this morning at
II o'clock, at which time Mr.. Pitts will make the
concluding argument for the defence.
SUPERIOR CoURT-JUDaE MARTIN
The new jury were discharged until Monday
morning next. The original docket was then
called.
COURT OF COMMON PLEAs-JuDaE MARSHALL
The trial docket called yesterday. The orig
inal docket will be called to-day, and tomorrow
the appeal docket.-The jury were discharged
until the second Monday in February.
ANNE ARUNDEL COUNTY COURT JUDGE BREWER
ANNAPOLIS Jan. III his Court was not in
tual session to-day until o'clock, owing to an ac-
cident to the morning train from the juno
tion to Annapolis. This train having on
board some two hundred witnesses, members of
the bar, and four prisoners from Baltimore city,
broke down when six miles from the Junction.
The second passenger car ran off the track on Al
embankment of some fifteen feet, and had the coup
ling given way, the car would have been precipi-
tated down the embankment. The locomotive was,
however, checked. Here the train was detained
until the engineer could run his locomotive about
eight miles and return with two freight cars, into
which the passengers were piled, "green-bag gen.
try" and all. The conductor did all
in his power to make the passengers comfortable.
Daniel Shater, OF Baltimore, indicted for bastardy,
pleaded guilty and gave the required bond.-The
first of the five parties to be tried for the murder
of A Barkley Kyle will be Logan, but yet the
day has not been assigned--One of the cases of
the State rs. John Hinesley, removed from Balt-
more for kidnapping, will be called to.morrow.--
The Of the State rs. Joseph Smith, removed
from Baltimore for the larceny of three tons of pig
iron, the property of Samuel X. George, alleged to
have been stolen on the 18th of April, was called
for trial, and MIR. George put upon the stand, when
we were compelled to close for the mail.-The five
parties charged with the murder of A. B. KYLE
have not yet been brought in.