The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1858-11-05
IA w INTELLIGENCE.

Charles F. Pitts and Oliver F. Hack, Esqs., for
the defence. -.
State Us. Henry Gambrill, indicted for the murder
Of pclice officer Benjamin Benton, the night of
the 22d of September last, by shooting him with
pistol nfcting 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.
On the meeting of the Court yesterday. Mr. Pitts
stated that the defence had not been able to pro-
cure the witness which they had expected to exam
inc this morning, they, therefore, had no other
testimony to offer.
Mr.. Whitney remarked to the Court that many
members of the bar who could not obtain seats,
had made the request that they be allowed to occu-
py the space around the jury box.
Judge Stump said that it would be better to keep
that place clear, as it was most likely that per-
sons there would get into conversation and annoy
the jurors. The seats within the bar are intended
for the members of the BAR and they are entitled to
them.
The Court then directed the bailiffs to ascertain
whether the persons sitting within the rail were
members of the BAR and if they were not to request
them to vacate the seats.
Judge Stump.-Do you intend to argue the case?
MIR. Hack.-The defence willing to submit
the testimony to the jury without argument
Mr.. Whitney, great amount of the testimony
taken four or five days ago; the State would
prefer to review it before the jury.
Judge Stump.-Have you made any arrangement
to the time you each intend to occupy in your ar
guments Ipresume aboutan hour for each
NJ. Whitney, am perfectly willing to make
any arrangement as to the time to be occupied by
each of the counsel in the delivery of their speeches
Mr.. Pitts.-l will enter into no arrangement of
the kind will speak just as long as in my opinion
the nature of the case and the duty owe to my
client requires.
At halfpast ten o'clock, Mr.. Duffy, assistant
prosecutor for the State, then commenced his ad-
dress before the jury.
Mr. Duffy commenced by saying that the jury had
a most important duty to perform in the trial of
IN he Sto of
listing in the city; said that the community was
watching the progress of this trial with as much
anxiety and solicitude was shown during the
continuance of the well known case of Stewart
convicted many years ago of the murder of his
father; he referred to the associates of the
prisoner; to the notoriety of their char
acters in this community; for deeds
of ruffiauism and violence; to the character
of the witnesses VINO were brought to the stand to
testify in behalf of the prisoner, and asked the Jury
If they could place any confidence in the testimony
of any of them. He said that great deal of testi-
mony had been produced here for the purpose of
showing the good character which the prisoner bore
before the commission of this deed; the State would
not consider that testimony. it went for nothing;
Judas, he said, bore unsullied character until he
betrayed his Saviour.
Mr.. Duffy then went into review of the testimo-
ny in the case, arguing that the State had proved
cGnclusivey by the testimony of officer Rigdon that
the accused had committed the murder; that at the
time OF the perpetration of the deed he dressed
IL,
Taylor, Burke and Brown, that after leaving the
scene he met by Iineweaver, Hoffman and
johnson, when he still dressed in the same
light suit of clothing. He referred to the evidence
of officers Watkins and Mcdonald who had stated
that when they the prisoner on his
way to his house, he was dressed in dark
clothing, and argued that Gambrill, after pass
ing Lineweaver and others, had gone along Green
street, entered the alley between Franklin and Null
berry streets, DOTTED his light suit and entered on
Paca street, where he was recognized by Watkins
Mr.. Duly said this gang was well versed in the art
of changing clothing; they accustomed to 60
ing on such marauding expeditions as they were on
upon this night
Mr.. Hack.-There is no evidence here to that ef
feet, Mr.. Duffy,
Mr.. Duffy continued-Well, we will not discuss
that, the jury understand perfectly the alluson.
Mr.. Duffy reviewed the evidence the part of
the defence thoroughly and said they had proved
nothing to show that the prisoner at the bar was
nocent of the charge pending against him. He then
defined murder 19Ga in the Est degree reading from
similar to the trial, to show that the
killing of Benton murder in the first degree.
The jury must either find the prisoner guilty OF
murder in the first degree or acquithm. Mr.. Duffy
said an effort would be made by the counsel for the
defence to excite the sympathies of the Jury
towards the family of the unfortunate prisoner to-
wards the ray-headed old man who has sat here
bowed down with sorrow at the dreadful situation
of his son. during the whole progress of the trial;
but he cautioned them against allowing such ap-
peas to their sympathies, swerving them from
their duties to the State of Maryland if such
appeals operated upon their minds, he would point
them to the corner of Biddle street and Pennsyl-
vania avenue upon the night of the murder. where
the body of Benton lay swelterng in his blood, to
the humble, but happy home of the murdered man,
to the widow and orphan children, and ask them
ii this deed should 90 unreyenged.
You all know, Mr.. Duffy said, that armed bands
of rutfans moved through the streets of the city
both day and night committing outrages upon un-
offending citizens with mpunity startling the COM
munity almost daily by acts of violence and deeds
of blood. One from among these gangs, is now
upon his trial for taking the life of who one whom
you appoint and appoint, to protect us in the en-
joyment of our life and property. Mr.. Duffy ex
horted the jury to weigh well the evidence before
them, and he had not doubt but their verdict would
be one of guilty.
After the conclusion of Mr. Duffy's speech, which
occupied one hour and half, Mr.. Hack, of the
counsel for the defence. then arose and addressed
the jurv upon the part of the prisoner.
Mr.. Hack commenced by promising the jury to
make short speech, that he desirous as
they to bring the prolonged trial to close that he
would merely confne himself to the facts in the
case, gather those which needed and applica-
BILE and pass those which were inapplicable.-
He said that reference had been made by the as
sistant counsel for the State to matters and things
not within the province of this jury box; that they
| had been called upon to consider that with which
here they had nothing to do; if it was the design to
bring the sentiment prevailing in the city into
| the jury box, the prisoner might as well be
tred before public town meeting in Monu
ment square. We are not here to advocate
the characters of these men, we are here to argue
the question whether the prisoner at the bar com.
mtted this murder not. We lift you from the
community and place you in the jury box, and you
| have been sworn to do your duty in the issue be-
tween the State and the prisoner in an impartia
manner. You to try him according to the law
and according to the facts MIR. Hack then referred
in strong terms to the remarks of the counsel for
fhaS hola oh
against the witnesses for the defence had beer
made, and denounced them as having been made ir
a vile spirit of calumny. Mr.. Hack then proceeded
to examine the testimony in the case and contendeC
that the man seen by Rigdon, Brown, Lineweaver
and Others on the night of the murder was moi
Gambrill that the defence had proved conclusively
| that the prisoner dressed in dark clothes upor
that night that he had been followed from one spo
to another, and all the evidence went to show tha
he was attred in black, and that he could not have
| changed his clothing. Unless the jury thought tha
all the witnesses for the defence had committed per
jury they could not convict him. The State mus
| prove conclusively that Gambrill changed his
! clothing that night.
In concluding, Mr.. Hack reminded the Jury thai
if there any reasonable doubt in their minds as
to the guilt of the prisoner, he was entitled to it
and they must give him hebenefit of it by verdict
of acquittal.
| Mr.. Hack occupied over an hour in the delivery
of his speech, and followed on the same side by
| Charles F. Pitts, Esq.
MI. IlttS commenced Dy referring the jury 10 the
remarks made by Mr.. Duffy. in his opening the case
on Friday last; in which he had told them that the
| salvation of the community depended upon their
verdict in this case; that unless they confded this
! young man to the gibbet, the city of Baltimore
would go to destruction. He tells you, continued
Mr.. Pitts, to sacrifice this young a peace
offering to this excited community.
Mr.. Pitts asked the jury to consider well the re-
marks of the assistant prosecutor he said this wa:
where private feelings and private interests
were brought to bear against the prisoner, where
this feeling wrests the prosecution from the hands
of the State to CRAFTY private vengeance. The law
places you, gentlemen of the jury, as a shield for
| the prisoner, against this very feeling Mr.. Pitts
said he regretted that precedent of this kind
had been estabshed the State has an able and
digent advocate and is fully capable to prosecute
transgressors against her laws
Mr.. Pitts reviewed the testimony in the case: and
said there is but witness who undertakes to say
that Gambrill did the deed, and he identified him
| while pistol was flashing in his face.
He then reviewed the testimony of Brown, Burke
and Taylor, and cOntended that there was SO much
discrepancy in their evidence that the jury could
not convict the prisoner upon it. He argued that
the testimony of these officers the foundation to
the identity of the prisoner not to be relied
| 1t for the State to prove without a rational
| doubt, that the prisoner was the man who commit
ted the deed. Mr.. Pitts urged that Mrs. Lancaster:
! testimony corroborated officers Burke and Brown
as to there being six or eight persons around Ben
| ton when he was shot, and that Rigdon could moi
see these persons and could not swear to facts as
they had occurred. He said the State had account
ed for the dressed in white, these phantonls in
| white clothing. In relation to the dress of the
prisoner, he remarked that six of the States
| witnesses had seen Gambrill in white