The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1858-11-06
Ia W INTELLIGENCE.

CRIMINAL CoURr.-Hon. Henry Stump, Judge.
Milton Whitney, Esq, States Attorney, prose-
cutting, assisted by Edward Duffy, Esq.
Charles F. Pitts and Oliver F. Hack, Esqs. for
the defence.
State Henry Gambrill, indicted for the murder
of police officer Benjamin Benton, on the night of
the 22d of September last, by shooting him with a
pistol, iniiictng mortal wound in and upon the
right side of the neck, of the length of half an
inch and of the depth Of four inches, from which he
instantly died.
The court densey crowded yesterday morn
ing long before the opening of the court every seat and
available spot outside and inside the bar being occupied
AT quarter past ten o'clock, Milton Whitney, Esq,
States Attorney, arose and addressed the jury.
Mr. Whitney commenced his address by saying that they
had arrived at the point in the trial of this cause when it
devoyed upon him perform the last duty and to place
the cause of the State and the cause of the prisoner in their
hands. Mr. Whitney then elOquently dwelt upon the
fearful tragedy which had been committed the night
of the d of September last and said if he could blot from
his mind this solemn scene his heart could be excited by
that sympathy which had been ably urged by the de
fence in behalf of the prisoner He stood before them not
to sympathse, but clothed with the respon-
sibility they were, he stood there accord
ing to the oath he had taken, to do his duty
the State and obey stern records ofjustce in this
temple, dedicated to its cause Mr. Whitney feengly
alluded to the family of the prisoner and to his old father
who had sat in the Court room during the progress of
trial bowed down with He invoked he jury y
cast aside all feelings of sympathy from their minds, and
to do their duty they had to do it, The defence
he said had asked them if they would hang the prisoner
upon the evedence produced by the State they had
more to do with the life of that than they
IN searching the record tfey nau
to say whether the prisoner is guilty or not guilty and
they have done their duty the rest is left to another H
bunal He spoke of the feeling of the community and
told the jury dvest themselves of these feelings and to
do their duty like He spoke of doubts that might
arise in their minds in examining the testimony ard said
that If the evidence against the prisoner could be
planned away he entitled to the benefit of reasonable
doubt The theory of the State and the defence then
alluded to- The State alleged that Benton to his
death by the hand of Gambr upon that night the de-
fence acknowledge the murder to have been committed
upon public thoroughfare time when it was almost
midday,
there that could tell the person who did the deed
Mr. Whitney then reviewed the testimony in
the case, referring to the defence set up as to
the identity of dress and said very weak referred
to the overwhelming evidence on the mart of the State
and asked if the State could bring stronger evidence in
any He then told the jury they had right to look
at the prisoner the one hand the community the
other they bound to do their duty to look at the
record left behind the prisoner he called them to examine
it. and find their verdict according the law and evil
dence He then told the jury that the indictment
founded upon the act of 1909 and they found the prison
guilty they must define the degree if they found him
not guilty, they must find not guilty generally. And
now, said Mr.. Whitney it is my duty consgn the
sponsibity of this to your hands. have done my
duty to the community.
Mr.. Whitney was listened to with breathess attention
during the delivery of his argument, which truly
logical and eloquent.
Mr.. Whitney concluded his speech at quarter past IL
o'clock having occupied just two hours in its delivery
The indictment then handed the jury who retired
to their to deliberate upon their verdict During
the absence of the jury much anxiety manifested
to the result of the trial and conccures made
as to what the verdict would be.
At hafpast two o'clock of the baiTs entered the
Court and engaged in conversation with Judge Stump
for few moments.
The Judge then asked if the counsel in the
present.
Mr.. ITack-I here, your Honor, but if any an
nouncement in the is to be made. would wish Mr..
Pitts to be present
Judge stump.-The bailif informs that the Jury
wish to come into Court and consult the Court
points OF law.
Mr. IIack-I wish Mr. Pitts sent for
"Mr. Whitney.-Alr. bailif, go for Mr.. Pitts.
In few moments Mr. Pitts entered and took his seat
HlA IrN II, a.
the jury box.
The foreman then and said in trying the all
the evidence went to show that the shooting upon
the left side of the neck whereas the Indictment relates
that it done the right side of the neck and the
Jury wished to be instructed by the Court upon the law
which would govern them. in their deliberations
Judge Snmp-I will read authority upon the
subject referred to The Court has sent for the book.
Mr.. Pinkney soon entered the Court and handed vol
ume to the Judge.
Judge Stump-I will now read thew applicable to the
point upon which the Jury derire information 1t will
be found in Archads Pleadng's, page elias follows:
THE indictment must show with certainty in what
part of the body the deceased wounded; and there
fore if it alcge the wound to have been the hand
or de without SAYING whether the right or the left 1t IS
bad. Hale 1S5. In this and in other instances there is
particularly required in indictments for murder
that it would be ridiculous to attempt to account for
justify for the stricness required the
wound be stated to be the left side and proved to be
the right alleged to be part of the body and
proved to be another, the variance is immateal.
Hale ls6 II is necessary to aege in the indictment, in
which hand the defendant held the weapon; Hale 1885,
but it Is necessary prove it,"
Therefore it is mmateria to the case on what side the
shot is said 20 have been inflicted in the Indictment
The counsel for the defence, have right to make
ton for new trial in arrest of judgment but the jury
are not to consider that if they do make such motion
the Court will hear them at length. The jury after
hearing the remarks of the Court again retired to their
At quarter Of four o'clock the jury sent
to the Court to the effect that the jury could not agree
upon the indictment it reads, and thought that
they could not agree.
Mr.; Whitney proposed that the jury again into
Court. Judge Stump.-Tf the jury will come into Court
the Court will try and explain the law to them again.
Mr. Pltts-We object to the jury coming into Court
they have not desired it. We wish what the
Court is sending to the jury At this time the judge
writing note in reply to the note received from the
jurors.
Judge Stump the note the effect that if the jury
would into Court desired to have the law eX
planned to them. he would give them instructions.
Mr.. Hack.-Does your honor insist upon sending that
note
Mr.. Pitts.We protest against any instructions being
given to the jury
The note Gent to the jury who shortly returned
into Court
The foreman the jury then said May it please the
Court the jury does not like to find verdict upon the in
dictment as it now stands.
Judge already explained that it is imma
tera upon which side the wound is said to have been in
Mr.. Whitney, would like the law to he explained to
the jury.
Mr. PittsI object to any instructions being given to
the jury without they request it,
juror here and said !, of the jurors de
sire the law to be read.
Several jurors-rising.-And /.
Judge Stump then arose and descended towards the
jury box and read to the Jury the law applicable to the
question, from Wharton's American Law on Homicide
22 and also read for the second time the law from
Archibald's Pleadings
Mr.. Pitts.-I hope the Court will state to the jury al
low the counsel TO inform them that they have right
determine the law among themselves that according to
the Constitution they are both the judges of the law and
the facts
Judge stump.-of course they can be so informed:
The Court then informed the jury that it would wait
until o'clock and if they did not agree upon verdict
by that time, it would adjourn until tomorrow (Satur
day. morning at 10 O'clock and they would have to be
closed up all night without refreshments of any ind
The jury again retired and the Court took
AT O'Clock Judge Stump came into Court and after
few minutes requested baih to go to the jury room and
tell the jury if they had not agreed upon their verdict that
the Court would adjourn until Saturday morning.
The baiiG shortly returned with note which he hand
ed to the Judge.
Judge stump (Readng) The Jury respectfully ask
permission retire to Sherwoods.
The Judge took up his pen and proceeded to write.
Mr. Hack-Before any thing Is sent to the Jury de-
sire Mr.. Pitts to be present.
A baf sent for Mr. Pitts, who returned in few
minutes and said Mr.. Pitts could not be found.
Judge Stump.-The Court has written note to the
Jury the effect that it has power in law, to allow
them to parake Of any refreshments without the consent
of counsel on either side Do you agree, gentemen?-
"a pause of few moments.)
Judge Stump-What do you say?
Mr.. Whtney-We have nothing to say.
Mr.. Hack.-We have nothing say.
Judge Stump--Give me another piece Of paper.
Mr.. Hack.lf the Court please have nothing to say
because the note not addressed to the counsel but to
the Court and the Court has all to in the matter
Judge Stump-I have written the following [readingl
Gentlemen of the Jury The Court is sorry to inform
you that the counsel either side would not consent to
the Court granting your request would allow this, but
do the counsel would take out writ of error, and
move the verdict to be set asden
Mr. Whitney-Send note, that the Court according to
law is not allowed to grant their request
Mr. Elder of the bailiis, here entered the Court
room and announced that the jury would he down in
few minutes At this announcement there cOnsidera
bic Stir among the immense crowd in the Court ROOM
voring to gain position from which view
Of the prisoner could he had and it with difficulty
that officers of Court could proper order
hole
and took their seats in the uryboN Henry Gambr
then placed at the bar. At this time almost breathes
silence pervaded the Court room.
The Clerk of the Court then said Gentlemen of the jury
have you agreed upon your verdict?
The jurors replied, we have.
Clerk.-Who shall say for you?
Jurors-Our foreman.
Clerk-IIenry Gambrill, stand up hold up your right
prisoner look upon the jurors. What say you is Henry
Gambrt guilty of the matter whereof indicted
not guilty?
Foreman (rising Guilty
Judge Stump.-Guilty of what?
Foreman.-Guilty of murder in the first degree.
Judge Stump.-NOw put that down.
Clerk-Gentlemen OF the jury hearken to your verdict
as the Court hath recorded it, Your Foreman says that
Henry Gambrl is guilty of murder in the first degree,
and so say you ALL
Judge Stump.-The officers will take charge of the prs
oner.
Upon the rendition of the verdict the prisoner showed
but little outward emoOn he deathly pale, and after
taking his seat for moment covered his face with his
hands, he taken from the prisoners box the
lock up, and thence to the jail
The Court then adjourned until ten O'Clock this
ing.
SUPERIOR CouRT.-Hon. H. Collins Lee Judge
The following business occupied the Court yes
terday:
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