The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1858-11-02
La W INTELLIGENCE.

CR1MGxAL CoURT.-Hon Henry Stump, Judge.
Milton Whitney, Esq, States Attorney, prose-
cutting, assisted by Edward Duffy. Esq.
Charles F. Pitts and Oliver +. Hack, Esqs., for
the defence.
State ps. 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, inhicting Il 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 opening of the Court yesterday morning, Mr..
Mclean of the counsel for the defence, in the case of
the State John Stephens, alias Cyphus negro) con
victed of the murder of William Henry King (negroD
and stated to the Court that there were some facts
which had lately to the knowledge of the counsel
for the defence and which he thought the defence would
be able to prove in favor of the prisoner and he now de
sired avail himself of the privilege of entering mo
ton for new trial in the case.
Judge Stump.-The Court can tstop to attend to that
now
Mr. Whitncy.-Mr. Mclean, you can file the motion
for a new trial with the Clerk of the Court.
Judge Stump.-Ycs, it he filed with the Clerk
of the Court if the time according to the rule has not
expired"
Mr. McTean-I did not design to file the reasons for
Il trial now but merely give notice to the Court Of
the motion which intended to make
Judge Stump.-WeIl, file it with the Clerk. Mr.. Whit
ney, are you ready to 20 on?
Mr.. Whitney.-Yes sir; call officer Brown,
The examination of witnesses the part Of the State
was then resumed
Captain Brown sworn.-Reside in Baltimore; rccolect
the night the murder Of Benton between II and l.
O'Clock that night can't say what kind Of night was:
but between I and O'Clock walking down Balti-
pany with witness to the clearness and brightness OF the
oon the moons position in the heavens that night was
about the same as the suns in midsummer
shot met persons bringing the body to the station house
did not 90 to Gambrils house that night; was on the
road Gambrlls house, but assertaned he had oeeh
arrested.
Mr. DuTy-May it please the Court, We now propose 10
offer almanac, to show what kind OF night was
and that the full the night OF the MURDER
Readngon the 22d of September la's there was @ l
moon; the at six O'Clock and one minute ana after
The counsel for the State here remarked that they had
closed their with the exception Of Offering reouths
Al this stage of the trial Mr.. Hack of the counsel
for the defence and addressed the Court stating
that officer NeDona'd VINO was supposed 10 Ne prom I
nent witness for the State has name appearing upon ''
back Of indictment such witness had not beer
put upon the stand by the State and therefore the defence
had opportunity OF examining hiIn or OF knowing
facts he would prove for the prosecutions he Therefore
asked that the State should call him to the stand ana e
anime him, else the defence will claim the l@ht "
question him in regard to the facts he las been summon
I ed to establish for the State.
judge Stump-You have a right to examine him u
Mr.. Hack-No sir; we do not propose to do that.
Mr. Pitts-The rule has been in this Court, as you
Honor is aware that when witness has been
bv the State and the State has declined to examine sue
ritnps the Conrt has directed the witness put upo
the stand and then examined by the State as to Wha
the witness could prove and afterwards by the defence
The state remarked the Court Saturday before tn
adournment that they had other witnesses to eNam
to-day, which examination woald probably consume an
the time of to-day; they into Court and after
few formal questions to captain Brown, say theH nav
closed their case. 1t has been the pracuc
in this Court the learned prosecutor Of the State know
that when witness has been summoned by the state an
notexamined such witness has been brought to the stan
and examined. ,
Judge Stump-0n the adjournment Of the Court on "a
4 urday Mr. Whitney said that the State had more VI
nesses to examine but whether they would be examine
or not he could say, if they examined it wou
probably occupy most Of the day.
d. Mr. Whitney.-In justice to myself, would remar
thought would close its testimony by o
O'Clock to day;I had not examined the witness for Z
State personally, left that to my colleague, Mr. Dun
who examined them; presumed we We would not &c
through therefore, until nearly the time of adJournmel
Mr.. Du1y.-I have recollection of saying that
would occupy the whole of to-day in our examination,
was my impression that such would be the case. Al
said in the of this trial. the State inten
to conduct fair and impartial groundsithe State dc
intend to hasten the unreasonaby and are WI
ing any time to the defence to be ready 10
=, ceed with the trial.
} Judge Stump-Yes, but the Court wants themito
=
Mr. Hack-If your honor peases we are not dlscussl
Is the question: inability to go on with he case
we are not asking any indulgence from the state put we
that Mcdonald being advertised as witness or Ine sa