ton, Magraw, Nelson, Carter, Thawley, Hardcastle, Gwinn,
Stewart, of Baltimore city, Brent, of Baltimore city, Ware,
Fiery, John Newcomer, Michael Newcomer, Kilgour, Weber,
Slicer, Fitzpatrick, Ege, Shower, and Cockey—42.
So the amendment to the amendment was rejected.
The question then recurred upon the amendment as offered by
Mr. Dirickson.
Mr. Magraw, moved that the question be taken by yeas and
nays, and being ordered appeared as follows:
AFFIRMATtVE—Messrs. Morgan, Hopewell, Buchanan, Bell,
Welch, Chandler, Ridgely, Dashiell, Chambers, of Cecil, Miller,
Spencer, George, Dirickson, McMaster, Hearn, Fooks, Jacobs,
Shriver, Sappington, McHenry, Magraw, Nelson, Carter, Thaw
Icy, Gwinn, Stewart, of Baltimore city, Brent of BaIt. city,
John Newcomer, Michael Newcomer, Kilgour, Ege, Shower and
Cockey—33.
NEGATIVE—Messrs. Chapman, Pres't, Blakistone, Dent, Lee,
Chambers, of Kent, Mitchell, Donaldson, Dorsey, Wells, Kent,
Weems, Dalrymple, Bond, Sollers, Brent, of Charles, Merrick,
Jenifer, Colston, John Dennis, Williams, Goldsborough, Eccles
ton, Phelps, McLane, Bowie, Sprigg, McC ubbin, Thomas, Gaither,
Ha rdcastle, Presstman, Ware, Fiery, Davis, Weber, Hollyday,
Slicer and Fitzpatrick—38.
So the amendment was rejected.
Mr. Brent, of Baltimore city, moved to amend said 19th article,
by adding at the end thereof the following:
"And in all criminal trials the jury shall decide the law, as
well as the facts in evidence, and the truth shall always be ad-
missable in evidence;"
Which was read.
Mr. Spencer, moved to amend said amendment by adding the
following:
"And to have all questions of law arising in the course of his
trial explained by the court before his defence shall be stated by
his counsel;"
Mr. Brent, of Baltimore city, accepted this amendment.
Mr. Presstman, then moved further to amend said amendment
as amended, by inserting between the amendment offered by Mr.
Brent, of Baltimore city, and the amendment offered by Mr.
Spencer, and accepted by Mr. Brent, of Baltimore city, the fol
lowing:
"And that the court may determine what is evidence proper to go
before the jury;"
Mr. Brent, of Baltimore city, also accepted this amendment.
The question then recurred upon the amendment as amended.
Mr. Spencer, moved that the question be taken by yeas and
nays, and being ordered appeared as follows