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The Baltimore Sun 20 February 1844
the at and than au at 6 years And him the to last ar- ar- Reported for the Sun. BALTIMORE CITY COURT. , Present JudgerjBrice, Nisbet and Worthin'ton. State's ATrfiysEY, Ch.as. H. Pitts, Esq.. P Monday, Feb. 19, 1S44. State v. J'incnL Copes, indicted for an as sault upon Catharine Y eagle. In this case the jury lett the box on Saturday, and agreed in a few minutes, but upon signing the verdict, it was found that only eleven names . were down, and on "counting noses," sure enough there were but eleven present, one of the twelve having disappeared disappeared somewhat mysteriously either before or after they assembled in the room. Information was communicated to the bailiff without, and the absent juryman summoned to his duty. The adjournment of the court, and of the jury to their room, having taken plaee at the same time, tne juryman supposing the adjournment to be general, had sagaciously followed an instinctive invitation to his dinner. He, however, prompt ly responded to the call of duty, returned and as promptly agreed to the verdict of the eleven, which' was returned into court this morning, finding the traverser guilty, r ined $10 and costs. State v. Horace if right, colored, indicted for having entered the store oi Miss Clautice, and stolen several rolls ot flannel and other articles therefrom,- therefrom,- her property. The fact of the robbe ry having been committed was established, and evidence of a general look out for goods, which were vltimately found in a house occupied by the prisoner, he being in possession, uuuty Samuel Cunmngnam, indicted for orate v. ques- I an assault and battery upon Iouis JWilhau, and I c T-t T-t T-t f - i : r to all in INo. Pcesi- em the for the pe to State v. John Cunningham, indicted for an as sault upon the same party, with intent to kill. The evidence went to show that the traversers were hackmen, and with one or two others were standing at the Front street theatre on the night of Mondav, the lzth inst., when they were in vited over to the tavern opposite, by Milhau to drink. While there, an altercation took place, the character of which was represented very differently by the witnesses on either side; those for the State testifying that on Milhau's laying his hand on John Cunningham's shoul der, the latter instantly drew a kmte, but before being seen to use it, was thrust out bv Mr. Hutchins, proprietor of the house; when Samuel Cunningham advanced on Milnau, but was pushed back by the latter against the counter, where seizing a tumbler, be threw it at xviuhau, striking his head and completely cutting through the hat, but indicting slight injury;- injury;- feamuel Cunningham then clased with him and they fell together to the floor. On getting up Mil hau's head was found to be severely cut on the right side, immediately opposite where it had been struck bv the tumbler. The evidence for the defence alleged that Milhau struck John Cunningham an open-handed open-handed open-handed slap on the head, which provoked the threatened assault irom him, and after he had been put out by Hutch ins, Milhau spit twice in Samuel Cunningham's lace, before he attempted the assault on nim Samuel Cunningham himself stated that after srettiner un from the floor, he kicked Milhau several times as the latter rose. Mr. Hutch ins was called bv the court, who stated that lie had observed the whole proceeding, and did not see Milhau sDit at Cunningham at all. He was unable to sav whether John Cunningham used the knife and struck Milhau, as he was pull- pull- inir the former out of the house. Dr. V hit- hit- o of "dge testihed that he dressed the wound; it A. was cut by some sharp instrument, as it was a clean wound, from which upwards of a pint f hi! must have flowed. In the absence of anv nositive testimony against John Cun ningham, he was acquitted bv the court; and Samuel Cunningham declared guuty, ana nnea 10 and costs. Stale Harriet Smith, colered, indicted for