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do so at their peril. The sheriff who executed King Charles by the order of the Commons, was tried after the restoration and put to death for so doing, because it was held by the court that the Commons had no authority to pass sentence of death on the king, and the sheriff, therefore, ought to have refused obedience to their writ, &c. This law may be found in the school books.
It is also an immutable and constitutional principle of law that no man shall be tried twice for the same offence. Suppose, then, I should try Ford again upon your command, and he should be found guilty by the jury and executed by my judgment and sentence, would I not be guilty of murder, if you should turn out to have no authority for commanding me to try him a second time ? I am afraid to incur so great a risk. Besides, if I try him over again, you might with equal consistency s$t my second judgment aside, and so on toties quoties. Then the case would be like Mahomet's coffin, in eternal suspense.
As I am engaged every day in trying cases, you gentlemen will please excuse the brevity of these remarks, as I have not time to review your abstract opinion in detail ; and I beg leave to assure you, if you will refer me to any Act of Assembly, giving your authority to set aside the verdict of a jury at the judgment and sentence of the court in a Criminal court, I will obey your procedendo, but not without such law.
Let me beg you judges to consult the Governor, perhaps he will pardon or hang him without another trial, which I certainly never will give him, until I see your authority by Act of Assembly. If Ford escapes by the decision of your honorable court, I am glad of.it.
You will gain great credit like Caesar for his clemency, and your court become more popular than ever.
With sentiments of the profoundest friendship and regard for every learned member of the court of Appeals. I remain,
HENRY STUMP, Judge of the Criminal Court.
I hereby certify that the aforegoing is a true copy of record, and on file, in the clerk's office of the Criminal court of Baltimore.
In testimony whereof, I hereunto set my hand and affix the seal of said court, this third day of March, A. D., 1860.
THOMAS H. GARDNER, Clerk of Criminal court of Baltimore.
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