The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1861-01-16
IA w INTELLIGENCE.
TRIAL OF MILTON WHITNEY.
CRIMINAL CoURT-JUpsE BOND.


We regret that the sudden illness of our reporter
prevented his writing out at greater length the CO.
pous notes taken of the very able arguments deliv-
cred by Messrs. Pitts and May yesterday in this
important trial.-EDs.]
Hon. Henry May, States AttOrnev.-State u.s.
Milton Whitney. Indictment for making false
report to the House of Delegates. Messrs Pitts
and Whyte for the defence. The court room yes
terday was densely crowded, and the interest to
hear the proceedings of the trial seemed rather to
increase than diminish. After the call of the Court
at eleven O'Clock, Mr.. Pitts proceeded to make the
closing argument on the part of the defence He
confined himself principally to questions of law,
bearing upon the case, the propositions ad-
vanced by Mr. Whvte in his opening argument
Mr.. Pitts stated three propositions. First that it
was incumbent on the State to show that it was the
duty of Mr.. Whitney to make a report to the House
OF Delegates in his official capacity Second to
show that it falsely, corruptly and wilfully
made, with that wilful motive which constitutes
crime; and also to show that if it an offence,
that 1t was committed within the jurisdiction Of
this Court. Mr.. Pitts examined at length these
propositions, and argued the questions forcby be-
fore the Court sustaining his positions by reference
frequently to the books. He spoke for about one
hour and half, and was listened to with marked
attention by all present.--Mr May, at few min
utes past one, then commenced his concluding ar
gument for the State. He referred to the technical
character of the defence, defence which took him
somewhat by surprise, as the counsel on the other
that they intended to meet the case upon
its merits, and that technicalites of the law
we e to be set up to shield the traverser-
He said he would endeavor to show
that no legal shield could be placed
between the traverser and the State. The nature
of the defence no affair of his, but he thought
that it demonstrated the fact that de fence could
not be made upon the merits of the case. Such a
defence was surprise to him, and he considered
its nature unworthy to be set up to shield an Off
Ger of the State, charged with violation of his
constitutional duties. Mr.. May then proceeded in
a clear and logical manner to discuss the several
propositions advanced By the other side, and to ap
ply the law bearing upon all the points His appli-
cation of and remarks upon the law, and upon
the facts adduced in the case were
made in most forcible manner. He occupied
in the delivery of his argumen, about five hours,
and in concluding, made an eloquent exhortation
to the Court, asking for calm, impartial and dis
passionate examination of the case, and if the
Court found that the indictment was sustained to
apply the law against the traverser in all its gor
When Mr.. May had concluded, at twenty min
utes of six o'clock, the Court adjourned until
Thursday (to-morrow) at II o'clock, Judge Bond
remarking, however, that he could not say wheth-
he would be able to decide the case by that time
or not.