The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1861-01-26
Ia w WTELLIGENCE,
CRIMINAL COURT-JUDGE BOND.

CRIMINAL COURT-JUDGE BOND.
Hon. Henry Nav, acting States Attorney
After the call OF the Court yesterday morning,
William Pinkney Whyte, ESQ.,, one of the counsel
for Mr.. Whitney, remarked to his Honor that he
desired to present to the Court paper which had
been sent to his colleague and himself by Mr. Whit
nev, and which he would proceed to read to the
Court.-The following letter was then read by
Mr.. Whyte
BALTIMORE. Jan. %, 1861.
Dear Sir The prosecutions heretofore pending in the
Criminal Court of the City of Baltimore, involving an
investigation into the discharge my professional du
ties as States Attorney, have now terminated.
The trial of one of them in my acouittal
and the State has abandoned the two remaining cases
1t is well known to my personal friends to have been
soon as the opportunity occurred to justify in so do
ing without being amenable to censure for fahesspess
to trust confded to me by the people of Baltimore
Being free to act, with charge against me as
the States Attorney, in connection with my professional
duties beg leave to tender to you this resignation
that Office
desire to say at the time that am ready to pro-
coed to the investigation of the only remaining charge
against me- that of not accounting with and pawn over
to the Treasurer of Maryland all moneys belonging to the
State The testimony will satisfy impartial mind that
have not retained one dollar to which had just
In Withdrawing from this position it may be allowable
in me to say that while have been the object of public
and private animadversons, nstigated in many instan
ces by personal lwi and in others by ignorance the
facts public spirited citizen member of nv profess
sion has volunteered to give aid encourage
men in the discharge of my duties, which have en-
deavored faithfully perform the sacrifice of health
and happiness and at times at the risk of life
Most respectfully, your obedient servant,
Hon. H. L. BOND, Baltimore
When Mr.. Whyte concluded, Mr. Nav said that
he did not know whether the Court had any dis
cretlOn otherwise than to accept the RESIGNATION
He thought it proper, however, to ask the Court
whether the resignation Of Mr.. Whitney was ac-
cepted.--The Judge said that he thought he
had no discretion in the matter.--Mr. May then
said, that he conceded with the Court in its onin-
ion, and therefore such being the position of
affairs, he, the officer of the State, would take
the responsibility there to direct the clerk to en-
ter plea of "not guilty, confessed by the State,'
on case No. l62, which charged Mr. Whitney with
fraudulent ENLIGHTENMENT of the States finds
That would dispose of all the PROCEEDINGS against
Mr.. Whitney.--The Court acquiesced and order
ed the plea entered by the clerk After come private
conversation between counsel, MIR. Nav remarked
to the Court that he felt it due to himself as well
as to the administration of public Justice, to say
that, to avoid any interruption tothe prosecution
of the criminal business of the Court, ard to pre-
vent mistakes which might nullify any proceed
ings of the Grand Jury, he considered, as he had
done from the first, that his functions as the States
Attorney, he having been appointed and having
accepted the appointment for the sole purpose Of
prosecuting the indictments against Mr.. Whitney,
had ceased after those indictments had been d is
posed of. He therefore, holding this opinion, did
not think that he had any right to take part
in any other criminal proceedings of the Court
The Court remarked that he would ask Mr.. May to
until the successor to Mr.. Whitney was appointed
MIR. May said he would respond to the desire of
the Court in the same way and for the same reasons
as had governed him when accepting the appoint
ment rendered him previously by the Court He
considered that MIR. Whitney was only disqualified
from acting as the States Attorney while the in
dctments which were pending against him were
untried; now that they had been disposed of, and
his resignation been accepted by the Court, he
would accept the position for the time being
and until successor would be appointed, but he
did not desire to be considered as being the success
sor of Mr.. Whitney. He had stated before that
under no considerations would he occupy the posi-
ton, and he wished it now to be distinctly under
stood that he did not occupy the position rendered
by the Court as successor to MIR. Whitney, but
merely to assist the Court in the prosecution of its
business until successor was appointed-The fol-
lowing city appeal cases were then disposed off,
Jacob Pappler Us. The Mayor and City Council
An appeal from Justice Duncan. This was an al
legged violation of the health ordinances Of the city,
Under curia.-A. L. Webb Bro. Us. The Mayor
and City Council. An appeal from Justice Hiss
D. D. Foley Bro. Us. same. Appeal from same
These were suits for violation of the ordinance of
1853, imposing penalty for keeping or having
gunpowder in the city, upon wagons, &c., or other
wise. The defendants agents for various pow
der manufacturers, and it was contended on their
behalf that taking the ordinance of 1859 and the
Revised Ordinances on the same subject to-
gether, the parties were relieved from the
penalties imposed, by the fact that the city
powder house, with reference to which the
whole provisions of the ordinances were adopted
has been taken down, and the ordinances cannot be
strictly followed, in consequence, without practi-
cally putting an end to the powder trade in this
city. The Court was requested by the counsel to
lay down some rule for the guidance of parties.
After argument, Judge Bond observed that he
regarded the Revised Ordinance No. Al as still in
operation, except so far as modified by the ordi
nance of 1852 which was to be treated as q subst
tute for section of the old ordinance, and as a |
part thereof. In this view, the whole was to be |
construed together, and its operation was to be |
affected or modified according to the circum-
stances OF each particular case By the fact, that |
the powder house provided for by the Revised Or
dnauces, and with reference to which its provisions
were enacted no longer exists. The policy of the
city legislation the subject was to
provide place belonging to the Corporation.
and under its direction, for the storage of powder.
and the penalties imposed upon dealers were i'm
posed with a view to the facilities which powder
house afforded them for obeying the ordinance
These facilities having ceased with the failure of
The city to keep up its powder magazine, the Court
was bound to deal with every case in which pen
Atty was sought to be enforced in view of the par
.icular circumstances and the cty's default in the
premises. The Court would not construe the ordi-
1ances as intended to destroy the powder trade for
uch was not their purpose, the strict construc-
ion set up on behalf CT the city
would have that effect. This, Judge Bond said.
vas the only general rule he could lay down. In
he particular cases before him, he did not think
be ordinances had been violated, and he directed
he judgments reversed.--The Grand Jury were