The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1858-10-30
Id " LNTELLNGENCE

Milton Whitney, Esq, States Attorney, prose
cutting, assisted by Edward Duffy, ESD
Charles +. Pitts and Oliver +. Hack Esos for
the defence.
State rs. Henry Gambr indicted for the murder
OF police officer benjamin Benton, on the niobt of
the 22d of September last, by shooting him with n
pistol, infiicting a mortal wound in and unon 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.
On the opening of the Court yesterday morning Mr.
Duffy, the part Of the State arose and moved the
Court to swear the three jurors who had aeady taken
Judge Stump rercd he did not intend to swear anv of
the jurors until the whole jury had been selected
was necessity for such The said if
aJuy could not he got to try the case would have he
postponed.
| Mr. Duffy said that when the hundred talesmen who
had been summoned had all been questioned and iury
not obtained another hundred could easily he obtained
The remarked it was aware Of that fact and d
rected the Clerk to proceed with the calling of
men.
The names of the following gentlemen were then called
who were questioned upon their roir dire
George Zolinger challenged by the State for cause; Geo
A. Coleman-aer this gen teman had been Questioned
Mr. Pitts arose and addressed the Court He said that
Mr. Duffy one of the counsel upon the part State
had been employed to assist in this nrosecuon agait
| Gambr by the Friendship Lodge of the Order of Odd
Fellows, of which he believed the deceased was mem
Der. The defence would therefore ask the permission of
the Court to allow them to put the questions tales
men, ascertain if they members of the Friendship
Lodge Mr. Pitts thought that if this case the
minds of the jurors would be improperly biased towards
the prisoner and they would therefore be incompetent to
try the case impartialy.
MI uuuy remarked tat the State intended to try the
case upon fair and impartial ground and that State
would not object to the proposed by the for
| the defence
Judge Stump did not think that the fact of a man be
longing to any order club, religious denomination or
church, would render him incompetent juror to try
person who charged with murder of one of his
brother members The juror questioned as to the state
OF his mind in regard to the and then to find
| according to the evidence.
Mr.. Pitts.-The defence take the ground that where
body of men or society wrets the prosecution from
hands of the State and contributes for the pur
| furthprinp ma vboi
member of this Society contribute individually towards
this end and therefore is incompetent to act juror
The Court thought differently, and said that when the
question waspu to the taesman whether he had formed
expressed an opinion in regard to the guilt innocence of
the prisoner, and he replied he had
not opposed to capital punishment he competent
Mr. Pitts said the defence would withdraw their motion
in relation to the matter The defence then challenged
George A. Coleman peremptoriy.
Samuel o. Randall, not challenged selected as Juror;
Cornelius Willis challenged for cause; James A. Robb do
Charles 7. Morris, not challenged selected as Juror
John T. Grah-this gentleman said he opposed to
capital punishment in cases. Mr. Whitney said he
dld not object to him lie was challenged peemptorly
by the defence. William Fowler challenged peremporiIy
James Russcl-ths gentleman being questioned said
he had formed general opinion about such cases;
could not about this particular Mr. Pitts asked
him if he had read the newspaper of the occur
renee.
Mr. Russell going state that he had read about
this in this mornings Friday paper before he was
summoned, when the Court interrupted him him
! not to answer the question.
Judge Stump-Now Sir. answer the questions the
Court will put to you, promptly. Have you formed
expressed an opinion as to the guilt or pnocencc of Hen
ry Gambrill the prisoner at the bar who charged with
the murder of Benjamin Benton?
Mr.. Russell have not.
Judge SumpAre you conscicntiOusy opposed to capi-
tai punishment.
Mr. Russell am not.
Judge Stump think then he is a competent Juror
Mr.. Pitts said that by these questions which he was
about to put to the juror the defence wished ascertain
whether the jurors mind biased improperly against
the prisoner that il the Court would not allow them so
to question the juror to put them in possession of the
state of the jurors mind, the defence would have
trlerS sworn, who should try every talesman who
brought to the book
Judge Stump-Thc counsel must show their authOri-
ties for such a
Mr. Pitts then referred the the United States
rs Aaron Burr in which Chief Justice Marshall had
given an opinion point similar to the before
the Court which had been raised in that celebrated
Judge StumpMr. Pitts, the Court understood that the
defence intended TO make motion to have trcrs
who should try every talcsman brought the boolyou
will please put your motion in writing.
Mr.. Pitts-The defence wthdraws the motion to
have triers and the Court to allow such
questions to be put to the jurors as will permit them to
ascertain the state of mind whether it IS is not i'm
properly biased against the prisoner.
Mr.. Duffy objected and said the Of Burr just cited
by the defence did not apply to the question here
Mr. Whitney addressed the Court, ana said that the
Court would rccoect that upon the trial of important
case here lie had moved the Court to allow him qucs
on the Jurors to ascertain the OF their minds
for was then evident to him that many very many per
sons summoned to this Court who to escape the
sponsthlity of serving upon jury in of murder
would express an OPINION when they had reached the
Court house. or We're on their way thither.
Judge Stump--lIe must be a very 'oncry man who
W ould do that very 'oncry.
Mr.. Whitney-It is done and it is done by the very
persons who go from this Court house and grOan and
croak about the wckedness Of the city As your Honor
ovcrruled me in the case to which have referred, OBJ
cct to the Court departing from the rule then laid down.
Mr. Pitts said that Mr. Russell replied TO the question
put 10 him. that he had made his mind generally about
such cases, but that he had formed any opinion
garded this particular case: he thought however this
would disquaify him from serving juror.
Judge Stump.-The juror has said he has not formed
or expressed an opinion as regarded the guilt or
he tla tT1t tt.t
him. if the juror had said if the prisoner had killed
the deceased he ought to be hung this would dis
qualify him from serving as a juror. The Court will
Judge Stump then repeated the questions to Mr. Rus
sell which he had previously asked him. when that gen
teman replied negatively to each question.
Mr. Russell was then challenged preremptorily by the
defence.
Henry J. Scarf, not challenged, elected a juror;
James Fleming challenged for cause s s Stephens do
William Stirling do William Randall, do; R. II. Love
do: Sylvester Cleveland. do Alfred James. do William
Baker not challenged selected as Juror William IWi
cox, challenged peremporily; Thomas K Turner, chal
enged for cause; Lorenzo D. Taylor, not challenged
ected as juror F. S Wilcox challenged for cause Caleb
Burger, do; Charles Phillips, challenged peremp ptory;
H. j. Reedy, challenged for cause; Henry Ebaugh chal-
enged peremptory.
fence that they had reserved the right challenge
the jurors he said he thought he would tell them of it
before their challenges exhausted Mr. Pitts thanked
the Court and stated that upon consultation they had
conc uded not to challenge Mr.. Tucker.
Charles Webb challenged for cause VIM "A. Brown do;
John Matthews do! Mortimer Cunningham do: James
Knowles do r. C. Kemp do; George Meade do; Wm. II.
Hiss not challenged, selected as juror David T. Rusby
challenged for cause James Jacobs selected juror;
John T. Grindell selected juror Thomas G. Deord
ected as juror, afterwards wthdrawn.l
Mr.. Duffy here and said that the State not only
intended to conduct this prosecution fairly but in such
manner to be beyond suspicion Mr. Deford, the
Lodge which had employed him in this the State
therefore consents that Mr.. Deford be withdrawn as
juror and another gentleman be selected in his stead if
there is no objection by the Court
The Cou.t assented to this preceding.
Anthony S. Bond challenged for cause: Thomas ".
do / rhaal do Trava do
George Sprostan selected as ajuror
Mr. Sprosan being the twelfth Juror selected the panel
jurors sworn to try the
George Bramwell John II. Tucker, Samuel Duer, Sam
uel o. Randall, Charles T. Morris, Henry j. Scarf, Viii
liam Baker, Lorenzo H. Taylor. William Henry Hiss,
James Jacobs, John 7. Grinde, George Sprostan.
The jury were then charged by Thomas NJ. Gardner,
clerk of the Court.
Mr. Pitts then stated the Court that the defence de
red that the witnesses who had been summoned should all
undergoing examination at the bar
The Court said would direct after the of
the witnesses had been called ordered them to retire out
the hearing of the witnesses under examination and
wait until they wanted and directed the Sheriff
provide comfortable where the witnesses could
main.
Mr.. Duffy, part the State then addressed the
jury stating that although the witnesses in the case
many the facts few. He then proceeded
late the facts connected with the killing which facts the
State intended to prove, and upon which they relied for
verdict of guilty Mr.. Duffy then said the State would
show that the night of the 22d Of September last
Henry Gambr in company with party Of owdies left
/
proceeded to q house Bidde street, Pennsyl-
yana avenue, where Mrs Green resided and in which
house party going on, that the rOwdieS there
created disturbance, and attempted get into the
house, that of them did get n that the police
called there quell the disturbance that named
senhardt was arrested in the house and brought out into
the street, that named David IOuck there inter
fered with the officers upon which Houck himself
rested by officers RgdOn and Benjamin Benton. 1.-THE de
ceaSedl, that these officers. having HOuc in their
custody conveyed him down Bddle street, their way
the station house. and when they had reached the
corner of Bddle street and Pennsylvania Henry
Gambr the prisoner at the bar up the officers and
leyclling pistol ut the head of Benton. fired the load
taking effect in the left side of the neck of Benton, nic
ing mortal wonnd, from which he died almost instantly
! witnesses for the State was then proceeded with:
! Officer Robert NJ Rgdon, sworn.-Am police officer;
reside in the city of Baltimore in September last about
the 22d, between II and II o'clock mt night, Ross
street. heard dSOrlery party Pennsy avenue;
started for the with officers Benton and Brown:
went house Biddle street. where heard diSor
der officer Benton followed by witness went in the house
and arrested named iSenha dt and pulled him out
in the street. when named David HOuck came up
and ntcrfered Benton and witness then let go Of Isem
hardt and arrested ouck Benton and witness then took
ouck down Biddle street. towards Pennsylvania avenue,
and when the Of Pennsylvania avenue Henry
| Gambrill up and shot officer Benton, he then
| ran off down Pennsylvania avenue; the shoot
avenue it the first going up the left
hand side Gambrill about five feet from when the
shot fired; witness the right side of Houck
and Benton towards the curb Gambril then of down
the avenue towards Franklin street; Gambr that
night the pavement when went to the house, don't
know what kind of pistol it was; the pistol about
three feet from BenOns head when ii fired it
moonlight night between and IL o'clock don't know how
many balls Benton shot WITH from the position that
Gambrl STOOD supposed Benton shot back of the