The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1861-01-11
La w INTELLIGENCE,
TRIAL OF MILTON H. WHITNEY.

cupy the Court for few minutes to discuss the
proposition which was under consideration at the
time OF the adjournment yesterday, lie had stated
to the Court that time that he desired oppor-
tunty to examine with the scrutiny due to the sub
ect the copies Mr. Whitney accounts, which were
in possession of the counsel on the other side, and
which were referred to as true copies OF those In
the Comptroller's office, and which, by the ntlma-
ton of the Court, it desired that the State
should offer in evidence. The Court clearly under
stood that the States Attorney did not consider
that evidence as belonging to the case, but out of
Difference to the Court he had expressed a willing
ness to offer those papers which were said to be |
copies of those on file in the Comptroller's Office if
he judged best so to do. Mr.. May then related how
he procured copies OF these papers from the Comp
troer's office, by their being furnished by the
clerk, and which papers he had compared
with those which were handed to him
yesterday. In this comparison he had found
that they were not full copies of those in the Comp
troller's Office He did not mean to say that they
were not correct copies as far as they go, but that
they do not comprise the whole of the matter which
is in the original copies. He could not consent to
as they, were not copies of the orig
inas' There memoranda to show
the date when they filed in the Comp
troers Office He was positive that they were
not true copies. After the adjournment of the
Court Yesterday he had sent Subpoena duces tecum
to the Comptroller, and that officer here
with the original accounts.-Mr. Pitts asked if
the States Attorney desired to mpeach this evil
dence before it had been submitted in the case.-
MIR. May said he wished to explain.--Mr. Pitts
said the States Attorney in his discretion could Of
fer the testimony or not offer it; it was not called
for by the defence; he did not think it should, how
ever, be thus impeached.--Mr. May said the
| State should not be charged with anything unfair
until the defence knew the States position. He
had not said that the copies were false, but that
| they not full copies.-The Court said the
| question not whether these papers were true
copies or false ones, the enquiry the accounts
as filed in the Comptroers office should be put in
| or mt Nav said tha tpl lott nina ha
question to know whether the copies submitted
to him were correct or not, and he prepared to
show that they were not correct They certi-
| fed to by the Comptroller but that does not make
them complete, and there is no date to Them and
! the time when they were filed is not shown
Mr.. Pitts wanted it made plain that this evidence
was not brought out by the voluntary sugges-
| ton of the Court, but their production
was entirely within the discretion of the State
Mr.. May said he would explain the position of the
State as it seemed to be misunderstood. He had
from the first asserted that Mr.. Whtney's accounts
| should have been placed in the Treasurer's office
the proper depository, and that their production
from the Comptroer's office would not make them
leg al evidence in the He had only considered
them in Difference to the suggestion of the Court
| that they would enable the Court to make up its
udgment.-The Court said that it had intimated
that if the correctness of the accounts on file in the
Comptroer's office was questioned, they should be
produced; put the propriety of doing so should be
to the Court paper, of which the following is
copy:
State Milton Whitney-The States Attorney in this
case, attending to suggestion made yesterday by the
Court, and out Of respectful difference to it. and upor
this ground only, and believing that it made thu
purpose informing the Court and to aid its inquirer
upon the facts of the to offer certain copies
OF the raversers accounts from the files of the Stat
Comptrollers Office and having since the adjournment
the Court had the opportunity the first time of ex
aiming the said copies he repeats his offer as afore
said, made by him, and upon the grounds But il
| so doing, he distinctly declines making the same {
| evidence tn ha1
the effect of evidence produced his part. He offers
according to the Courts suggestion, simply the pa
referred to in the traversers report the House
Delegates claiming and reserving the right contradc
and disprove the any part thereof and especial
y denying to said evidence any and all authority what
that may be claimed for said papers as or
deuce of any action decision Of the Comptroller
his office with respect to the of the traverser
lie now to offer on these considerations the orig
| NAL papers, purporting to have been filed by thu
traverser in the COmptroliers Office, or full cop
counts of the 1856. 1857, 1888 and others
Mr.. Pitts, said that the defence wanted to make
no conditions or bargains in relation to this evi
dence; if the State offers it, it is the States
sponsibity, and if the State declines to produce it
! they wanted nothing to do with it. Mr.. May said
the State did not desire the consent of counsel foi
defence, it was matter between the Court and
the State. The Court said, that on the previou:
day it had stated to the States Attorney
that he considered it necessary for the Satess At
| torney to produce the accounts, and if the State
| then offered them evidence, they must abide by
| might sub
| nit; but it was not for the Court to say to the
| States officer what he should produce or not pro
duce as evidence it was entirely within discretion
of the State.--Mr. May said he fully understood
| the Court, and would refuse to put
in the evidence. 1t was to draw such declaration
! from the Court, that he had offered the paper--
Mr.. May then called to the stand the clerk of Messrs
Whitney Gushing, who was sworn.-Witness is
| book keeper for Whitney Cushing; the ONLY book:
containing any entries of two promissory notes OF
$1,000 and 81, 200 of the city of Baltimore, are
in the collection book and the bank book
one shows when they were deposited
the other when they We're paid.-Mr. May
wanted book to show when the notes were as
signed to the firm of Whitney & Gushing. -The
Clerk again said those the only books in
which any entry of the notes was made.-Mr.
May examined the books, and after some questions
about the mode of banking, &C., by Mr.. Whyte
| the States Attorney said, the book which
he wanted was the book which contained the first
entry in the business books of Whitney & Cushing
when these notes first appear upon the books o.
the firm; and asked the clerk to be kind enough tc
go for such book. AS the clerk was about to de-
part, Mr.. Pitts said they also wanted any book:
which would show that Mr. Milton Whitney
prior to the notes being paid ever received
any of the proceeds of said notes, wheth
er these notes were discounted by Whit
ney IL Cushing.--Mr. May then called
Mr.. Robert l.. Rogers. who was sworn-Witnes
occupied an office in Spurrer's Court, adjoining
the room Of Mr.. Whitney, to whom he under
an obligation to pay rent.--Mr May here sale
that he would have liked to have had Mr.. Gwinr
in Court he had conversation with him on the
evening previous but had no intimaton of his 60
ing away, or he would have stopped that. He haC
issued summons yesterday for Mr.. Gwinn but he
had to-day gone to Washington He would her,
close the for the State, unless il
Mr.. Gwinn should be necessary, in which case i
not incompatible with the practice of the Court, h
would ask permission to call Mr.. Gwinn to tn
staHd.--The Court said to do that the consent O
! counsel ha0--Tba IF
Whitney d Cushing returned at this period, an,
stated that there were no other books than thos
first shown, having any entry in regard to the
the Clerk also stated that the notes were ONLY col
| lected by the firm; there were books to shov
that the notes came into the firm of Whitney
Cushing assets.-Mr. May then said he desire
to examine Mr.. Gushing, and a messenger was de
| spatched for that genteman.-Mr. WHITE thel
| opened the case on the part of the defence ant
spoke as follows:
May it please yottr Honor
At the outset we desired to present your Honor, al
once the whole of these indictments and all the eyi
dence being upon them, that might make thoroug
and complete examination of this traversers
in relation to the financial affairs of his office since hi
occupation of the place of States Attorney the
| January, 1860.
officer of the State appointed for this prosecution
declined as he had right to do, to submit the three in
dctments, but elected to try the first. Our own opinion
was, that this indictment could be quashed once blu
have proceeded patiently, trust, to the full de
velopment of the States That testimony
eAdctly 10 all the Items the
turn to the House of Delegates There are two dscrep
ancies mistakes which need eXplanat That expa
nation is at hand and will be satisfactory think
the Court and to every unpreudiced mind.
me counsel here prosecuting has advertised that
we prove mistake to have been made any particular
he shall claim that in itself to be wilful neglect of
for which the traverser is punishable But he will hard
De so stern and rigorous in his prosecution when he
members that the Grand jury at least twelve of them
good and true men, their oahs presented this
Tor not calling witness in the of James Madison fo
when by the records Of this Court were omen
their Inspection and to which they ought have looked
IL appeared that there trial of Madison at all bu
that he confessed plea of guilty: and the
himself had to ask the Court to ouash thai
NOW we were charitable enough believe that to
been clear mistake, and only the same indulgence
| for an of our client.
The first mistake occurs in this way:-Mr Whitney re-
turned to the House Delegates the fees of the
term, 1885, received from the city, 81 4O3 49, when
in truth they amounted to 49, The second error
arose In returning cash. fees from the city
term 1852 the OF $54034 when in truth was in
cash, 81 o57 making difference in these
| 81 ,436.23.
Now for the explanation The States Attorneys Office
commences on the first Monday in January succeeding
ms election, so that his fees in year. that
uay 10 the same day In the next Mr. Whitney came
IN on the first Monday in January 1856 so that the fees
Of his Office during that year. were for the January
1885, and May term, 1856, only because the
term 1885, continuing till the second Monday in Janu-
@ 1885, there was no ascerainmen by the Clerk of his
ices Tor the September term until the September term
1900 mad finally closed So continues on for each
the september term going into amount of the
ing year, making the annual amount up of September
| January and May terms.
When this order of the House of Delegates was passed
SIR Whitney had returned to the Treasury Depar
his regular accounts for the years 1856 1857 1855 bu
had not filed the amount for 1882 which ended on the
first Monday of JAM 1860. These accounts were made
by entering the received each term from the