Baltimore daily commercial. [volume] (Baltimore, Md.) 1865-1867, 1866-02-10
THREE CENTS.

sbo flrgGu IN the Indictment would be proved to
Tno@ llJ the representations of Tue ReToLpo @ ~ w
i9dsu9R id were untrue The counsel on bo 90 dbe FaS
iue sue ought to be thankful they had thus noTod
tne on what evidence the counsel for The pros Gu
ton intended to rely lie would not have taI o5efo t
trouble TO do this if the Indictment in this cas 6a [ag
M4t originally been prepared for another pUrpose 1s1
inc INDICTMENT charged the defendants with cbeS
iHg and detraudipg the public; that was an act in
GictaPle per and if they used bad means ia carr
that object into effect that was only an enbancoTnanyt
| of the crime. '''' '-''1'i'o oniehC
He would show that Miss Peggy Mabonev. who
| was pTobaOly innocent of pharmacy chemistry and
hundred other things, compounded the medicines
and in a nggaTdy way: that her blue mass nj IVero
made OF rancid butter. He thought that every cent
that mad been paid from the first day of the institu
toh 70 Ihe present was cheat and fraud, and that
He said to clear Himself Of fbe iS ToG.on' oe
against him yesterday by Mr. Preston he wouId
state one fact, that after he had gone out of Office
r Mr Maund had opened a communication with DR..
ossoKes, to give him an opportunity to clear himself
oL these charees, and now, when Investigation
| vas sought and the prosecution wished the matter
ty gone INTO, they cried out, OH rocks Of lima-
onS' on ye mountains of Chicanery, fall on us and
cover cover lis from the justice Of the State. lie said he
@ tno LANGUAGE OF Roman orator. How can believe
yoir acts when l sec your dee ,"
! ". SGhiey rose and said there was a legal noint
eeIore the Court and that he would discuss as bTiev
'S ne G9Glu- HQch remarks that lust made bv tho
6nt Lc s95 'icualGit o. make mans blood boil,
% IaI nc SIopa mere pledged to Keep cool until the
c!ose Oi JAe triai The cry Of the stauc or lIn;to
iots haa oeen repeated, aa aouseon the law of the
5Late stIu no prosecution i04 misdemeanor should
be announced after year from the comn,-ssi6T ~
que HiaIemeahOr, ana he hoped he bad heard the
IaSI q inc statute OF limitations, and he would say
nothing more about it. lie said the counsel who had
lust spoke said perhaps referring him that though
ne was well acquainted with the civil law that he
knew nothing Of the criminal law.
NJ. Rogers here said-I said relatively so, Mr.
Mr., SchIey resumes-Reatiyely so: well. I will
say mat though otlate years practice has been
d p[ancraIy 7a IN the civil law. yet there was time
| many and very important criminal cases But sir
Ine principles OF pleading in criminal and civil law
Mr.: Schley hero read from q BusseIls on Crimes to
sustain thS proposition and then read from the
eook passage to show that the Reports of the In
SIitnton could not he given in evidence. Mr.. Schley
Salu that he made remark Yesterday which had not
oeen answered yet. He said then and he repeated.
thdt lhefe was not sentence set forth in the Re-
| ports which was set forth in the indictment as q
means by which the defendants cndeavured to carry
their object into effect and hence the rule egata ct
| If0hnta would not apply.
| , MI, ochley hOTe took up the indictment and read
Ihe charges therein: The Indictment charged that
Or. Stoke, as physician. and Mary Blcnkinsop as
referred to time When those PERSONS ,s c tbo S
Gosiuons and the evidence must be confined within
tcndcnt Of the Institution until June ISL.
The Indictment charged the defendants with intent
to cheat and dcfraud by certain false and fraudulent
MFtten statements, and read the particular charges
oI the Indictment and said they did not correspond
with the statements contained in the Report of 1865
i aiIi nGlee saG report was not admissible. Of the
otner Reports he would speak hereafter. Mr.. Schley
I salq Or. Stokes paid the Sisters Of Charity high
any geSsF'e compliment ior their actS Of devotion,
and delivered most beautiful eulogy on the works
81 cGantyi mercy and usefulness of the Sisters of
Chariy. lie said the Report irrelevant to the
case any other book or paper might just well bo
put IN issue Il it did not tend to prove the allega-
Lons OF me Indictment, 1t could not be given in ev-
qencc. He referred to the Of Turner and Mad
doN, Sd GllIs Reports, page 95, in confirmation of
MS position, and to show that the 0egatt must cor
respond with tho probate" This being the law, it was
question OF comparison merely
lie would now contend that none of the reports
proposed to be offered evidence. because none
OF them contained the averments set forth in the in
convict tnG lIrtiCS the isolated of DIR. Stokes
| were not evidence against Mary BlenkinsOp, and
TINS case differed from the cases in England referred
| to- In those cases there a proof Of a conspiracy
and that being the case, the evidence in those cases
showed the connection Of the prisoners with the
antecedently formed conspiracy.
Mr.. Schley said he had heard many impUtatons
against the institution, and about acts Of cruelty
Practiced against the inmates; the counsel in his
opening statement had told u the names of the sis
terS. had told us that Irish girl and one
hangers or fsh hooks and hangers Why then had he
omitted 10 say anything about the great thing in
The counsel on the other side said. why not throw
open the doors and let us what going in
side2 An innocent man is as bold lion. He was
responsible for the course taken by the defendants
lie had not consulted with them the course he was
to pursue. lie here to try the case as Il lawyer
Dr. Stokes had been so worried by these mputatOns
, mat ne sand, Tor God sake make no more points,
the case had ADVISED the same courSc but in defer
ence to him, who the senior counsel and perhapE
his greater years they had adopted his course. He
AQped any OF the inmates Of the institution wero
wished, that they would give the counsel for the
: fence notice, and they would produce them or give
sooH reason Ior lhelf non-rIoIuctI0n. Ihree per-
sons were brought here yesterday one a lady Of up
q wards OF three score years, and lUnatic, who
2 taken from hef bed, and the witnesses We're com
peled by threats to here and the sisters had
take the only vehicle at the Institution to bring them
9 here.
u The counsel for the prosecution disclamed any in
tentlon to harrasS or distress the defendants tho
inmates OF the institution, and would pursue the
course suggested by the counsel on the other side and
% | give them notice what persons they wished.
Ills Honor remarked that this should be tried
| "a
!. suggest that the fcOunSe should abstain from all
Is language OF excitement The Court would not be in
n HueHccd by the conSe either side and by the in
tuence OF outside opinion whether Tor against the
defendants. IT the evidence sustained their guit he
would adjUdEe them regardless of consequences;
:, and II they were innocent he would do the like. A
larger latitude allowed in the proof OF conspiracy
than III most other cases, because OF the difficulty of
proving it, as II generally thing done in secret
The question now before the court, was this rs the
Report of the institution for 1865 admiss blc2 Do
l. the statements IN the reports contain substantially
= the avcrments Of the indictments? think they do
J. these reports? think the act of Assembly means
only that persons should not be punished for acts Of
: mSdemeanor within the year. 1t seems to that
s. the act Of the Assembly does not prevent the prose
cutlon from showing q5a amino the acts done within
Mary Benkusop with the Reports or neither she MOI
=, Dr. Stokes could be punished. think therefore
there IS no real objection TO reading these Reports in
evidence II they can be shown to be false and if the
purposes 0t the court can be shown to he u4awful
;, suited my books since was last examined and have
2 nothing urthertu state than stated then My book
II
n now by book-keepGr; Mr. Eichon was, but he is now
II entirely or nearly blind.
II The Court then took 4 recess for few moments
and afterwards Mr.. Rogers rose and said that before
calling Miss Fcmlnng to the stand, he would state
= hat there was commission Of lungcy against her
u now ara that mono was OBTAINED AGAINST her until
after she had been in Mount Hope for three years
II snG iheh i was ee4e DJ, Tue GonhlI1nce Of Dr.
Il Stokes, and her family, who wished to retain her
Mr. Cuttings objected to her evidence and said sho
was not competent, and said he proposed to read in
ehlltuct- Df BdFSluW statement to MISS ElCln-
J. ning,s lUnacy, and also the commission of luuacy.
a Mr. Rogers objected: Mr.. 5ittipg5 contended that
II now the proper time o read The finding of the
Jury ofinquistion and DR.. Barstows deposition to
Mr. Cuttings said they proposed to show by this evil
p dence thai Miss Flemming had been insane for
j years, and had been brought to Mount Hope from
% another asylum, and contended that She ncon-
pgtcnt II give evidence Of anything that
d Mount Hope wLilc she was confined there ms a
q lunatic. MIR. Cuttings read many authorities from
d NhdrtOn's Criminal Law Grcenleai on evidence
and referred to other books sustaining the same pro-
g They" said Mr.. Cuttings. take crazy person to
" prove things which, II true hundreds OF sane persons
d Mr. RatciTe arose and said this was new doc
trne to him, and that Mr.. Cuttings had got his ideas
20 wronr on the subject from reading definitions of
y sanity" and read authorities to show that Miss
Flemming was competent witness, an! SAID that a
y might be sane upon one point and insane upon
r another. Mr. Radcliffe said there no disagree
) The Court said that Mr.. Ratcliife and Cuttings
agreed on the law, and the evidence offered by the
defence to show that Miss Flemming was insane was
admissible: the effect of the evidence would be 4
matter for discussion before the court hereafter
Mr.. Preston said that where there was 4 judgment
Of court Of competent jurisdiction that person was
insane, that bound the court and sufficient to
raise presumption that the person continued insane
up the present time. There is Judgment of the
IS Court Of New Court the subject and it must be SO
% respected.
MIR. Radcliffe said they would show this judgment
20 and inquisition obtai~e ed by fraud.
Is Before the evidence cOU.d be reau, court adjourned
e until tomorrow morning at 10 clock, when il viii
r, ne occupied with equity business Inc Mount Hopo
% case will ue resumed on Monday morning.
e FROM WASHINGTON.
e WASHINGTON, February 9, 1856.
G THE LINCOLN MEMORIAL CEREMONIES.
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