Baltimore daily commercial. [volume] (Baltimore, Md.) 1865-1867, 1866-01-06
Reported for the Daily Commercially

TowsoSrowS. January 5. 1866.
Circuit Court for Baltimore Couuty-Before Hon.
sor. Esq, States Attorney.
State of Maryland VIM. B. Stokes. physician,
ana Mary Blenkinsop, Superintendent Of Mount
defraud etc. MeSsrs. John I. Ensor, Daniel Radcliffe
and Alexander N. Rogers for the State an Messrs
T. }; Cuttings; VIM: ?; Preston and VIM. Schley for
the defence: This 10 the case known as the Mount
Hope case, and the argument on the demurrer filed
to the Indictment was begun to-day.
Mr.. Cuttings began by reading the indictment,
which is a formidable document, consisting Of some
fourteen closely written PAGES. The first part of the
indictment, consisting of charges the
SAID Or. VIM. =. Stokes and Mary Blerkinsop with
conspiracy to cheat and defraud by inducing persons
having charge and guardianshpof insane persons to
send them to the Mount Hope Hospital representing
it to be suitable, proper and well regulated hospital
and tit for the reception OF insane persons and the
latter part of the indictment charges that the said
Mount Hope Hospital ls not well regulated that the
therein low; that it not under the care
and charge of proper and efficient persons but under
the care of improper. inefficient, wholly untrustwor-
thy and unit persons by reason that they ,cere Of the
female seq. Of religious order, g0verAed By foreign
priest destitrte Of property. d"d as far them lay
hospital not properly cared for are i-treated in
various ways, by being confined to STRAIGHT jackets
&c; confined after they fit and able to 60 at
large, ana charges various acts OF improper treat
ment. &c.
Mr. Cuttings cited vorous authorities in support of
speech Of several hours duration, and in concns;on
said that it had been admitted by one of the
for the prosecution that the object of this Indictment
was not much to punish the defendants in this
case Or Stokes and Mary Blenkinsop) as to over
haul the institution. That this was an illegal and
improper manner of attempting to do That the
proper mode of so doing by writ of sciri Jacias
and that the Institution ready to meet the in
vesngatlon, and that numerous lettes had been re-
eelved from many persons formerly inmates of the
Institution, Offering to any distance and testify
mat the facts charged In the indictments are not
true. - -N
Mr.. Cuttings was followed by Mr. Radcliffe in m
aole speech on the part of the State He said there
were but two facts III the first whether the facts
eharged constituted an indictabe offence at common
law ana secondly, whether those facts were properly
charged IN the indictment with that degree Of GER
tanty required In the law, and commended that the
Indictment was good in both particulars Mr. Rat
elite sad ne hoped, for the sake OF humanity, the
facts charsed IN the indictment might not be true
but that 1t vas due to the public and due to the
should be had. '''-e"'i' VI
The court adjourned at the conclusion of Mr.. Rat.
clife's speech until Saturday morning nj baif-nas
nine o'clock. when the argument on the demrppr as
will be continued by John 7. Ensor, ESD, and Alex
n. Rogers, ESQ.,, on the part of the State -N A'eA