The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1858-10-26


STOOD 70 the area between the Merchants Bank
post office building As entered Of the vesti-
Due OF the post Office both still holding the pistol another
oI ie prisoners struck me twice upon the head with
club when let go of the pistol Wilkinson then stepped
pack and pointed the pistol though going to shoot
cou not tell whether ii snapped whether he was
vented from shooting by one by this time the
ohers were beating from both before and behind and
being forced to the rear OF the veshule was Knocked
do"n and turned over my face to from their
Dows One of them then ran his hand into my hair and
heM up my head, 10 enable him to beat my face
Pu!hG large quantity Of hair out of my head After
beating me some time they stopped, and attempted to
get up when one of them and kicked in the
head again, saying you'd Irish s-n of b-h that
VIII settle you could not tell which one it was, my
eyes were filled with blood In reply to questions by Mr.
ADDISON he stated that his head and lips were cut and
th ne was yet unable to work, from the dizziness in his
head caused by the injuries He had never seen either
of the parties before that day.
Cross eXamined.-At the time Wilkinson came across
the street there fellow workman with witness. did
not then notice the others, who afterwards came up He
could identify Wilkinson Stein McEldary and HGro ne
Of the party who beat him. While Wilkinson held the
pistol pointed toward him at first he heard click as if it
was being cooked. He twtnessl seized the pistol with
both hands, Wilkinson remarked he drew it. I'm set
tie with you" He then dragged Wilkinson along toward
the Post Office area when he called to person or per
sons to come on and help him. and the others
second street When he let of he backed the
lnst Otlce vcStibue; but pistol Wilkinson call
ed the others by name when he called for them and
help him. did not let go the pistol until he was strEck
twice upon the head Wilkinson then stepped back two
PAGES and pointed the pistol at him. THE cross-examina
on was very rigid, but resulted only in the reteration
OF the main points of his testimony in the examination in
chicf.l
by Mr.. Hack-You dragged him quite easily, being
much stronger man than he is?
" Mitness-lf hadn't been l wouldn't be here to-day.
by the Government-Hogg one who was beating
me- Mchldary also beat and kicked me; Stein had the
stuck; while lyitg upon the floor one of them re-
marked there is too many around him-there is not
room'-stand back and leave him to me-"
By deence-Could not tell who made that remark but
ter that he was kicked more severely than before.
Chas Goodwin testified that he is a clerk in the Mer
chants Bank, and attracted to the window by the
aotba
struggling along the pavement of the bank toward the
Post oce, at which point there appeared in few Sc
conds to be general assault fight, and one of the
men rctreated the vestibule of the post Office at the
upper end of which he afterwards him lying on the
IL Or and one of the assaants standing supporting him
self with hand against the side of door and deb
eratey kicking him in the face witness round out of
over " int-rf"rn Int when he out the ARRAY was
Archibald Sterling testified that the first he saw of the
occurrence his attention attracted by the noise and
looking out of the window of the Savings Bank he saw
two men struggling along the pavement the opposite
side OF the wayone elderly man. and apparently the
stronger seemed to be dra ging the other along lie then
changed his position going another window opposite
the Post Office yestbule into which they entered where
they became separated and the old man up the
followed by the other; until he officer
emerge from the vestibule with which he
now recognized Wilkinson; others came ont
and went towards an omnibus at the corner
of Gay and Second streets, when one of them
was seized by Col Kane his comrades making violent
gesculatons and apparently threatening Col Kane and
Others who nererCd they passed along pavement
the elderly man evidently trying prevent other
from njurng him. while the latter appeared to be trying
to get loose.
BY Mr.. Hack.-was it mutual struggle, in which the
old man was dragging the other along?
Witness.-My impression that the elderly man was
trying to get away and afraid to loose his hold until
he had reached place into which he could safely re
treat.
B. r Harrison testified that he was standing at his Of
flee door opposite the post office, when he saw the omn
bus in which the prisoners to the coming up
Gay street. one of those in it at the time having pistol
pointed down Gay street. went into his office and the
next he rush Of riot in the vestibue of the
post office; in short time several together Of
those he identified Stein. McEldary and Wilkinson who
was in charge of officer; of the others had stick
or
Rev Mr.. Kaufman, sworn.-At the time of the com
mencement of the trouble coming down Gay street
to the Post Office, and at the southwest corner of Gay and
Second streets saw two men struggling I crossed over
to the Post Office, when saw the old man Brady with
Wilkinson having hold of him. Wilkinson asked Brady
the question, did you vote for Gus Shutt?' The old
man made no reply, but endeavored to get away
and in the struggle they along down the vetibue
of the Post Office; Wilkinson had pistol of large size
POINTED at the old man. having his finger on the trigger
lhe old man had hold of the other end When
they reached the Post Office, Wilkinson called
out for help, evidently calling for his
comrades, when several from the of Sc
cond and Gay streets Brady then jumped into the
Of the vestbule he entered friend of mine who
nearly blind was brought between Wilkinson and BRADY
and as Wilkinson pointed the pistol Brady it
the muzzle directly against my friends head then called
out to these men to desist there offence hav-
ing seen that Brady acted entirely the defensive; my
friend lodged and dropping down his knees crawed
out through the crowd who pursued Brady; myself
n
we did so, I heard the crowd who was standing
around, cry out :" shame'' " the old man will
he killed and other remarks of this kind Sergeant McCo
mas mere came up and nobly rushed into the vestibue
and in few seconds out with Wilkinson the party
who first made the assault then into the vestibue
where saw large pool of blood and finding that they
had carried the old into the rounda Exchange
building went there and found him with several cuts
his head and face and his remaining eve closed he
old man was before blind in eye and the blood freely
running from his several wounds In response to inter
rogatons by counsel the witness he could not
CpNyv tl1grt aictp -n1
Brady in the vestbule but that Wilkinson evidently la
bored either to cock it Pull the trgger-worng with
both hands the pistol could positively identify
any of the prisoners but Wilkinson but thinks Stein was
the one who had the club cane.
This witness also subjected to a rigid cross.exami
nation, but it adduced only repetition of his testimony
in chief
Tlos II. Mears, clerk in the Post Office testified that
he was standing at the tamp window of the Post Ofce
which looks out on the pavement of the Merchants Bank
when he heard the osn Of the struggle, and looking
the two cnched tine lI man anpeared to hay
hold of the pistol with one hand with tie ober aronnd
the n"ls' of the small man. As they neared tho Office
window, the smaller turned his head around and said
Come on, boys lie then went to the ladies' window NJ
the other end ofhe vestibue where the old man was ON his
knees and had him by the hair when another
and seemed to be taking hold of him. the other said
mo, let me have him" The one who had hold of his
hair then beat him in the face the old crying mur
der. The wnes. put his head the delivery win
dow, and called TO them to desist, when the with
cane who had been beating him the head looked al
him though he intended strike him. and he with
drew into the Office, when this party again commenced
beating the old man the head with sthe cane Wa.
positive but thought that Stein the one who had
the stick They seemed to beat him until they tired
as no one interfered. The who held Brady by tht
hair of the head turned round after they had beating
him, and sad "Whos got anything say about it?' a
the same time opening his coat, as though to TAKE
it off.
S. S. Clayton testified that he opposite to the Pos
Office, and hearing the noise he crossed over and upon
going into the vestbule he the old either sit
ting his knees, and the who had the sticl
striking him the head with great force. Before h
could get through the crowd he had heard several blow
this kind struck The stick used wit
ty that he could not tell its character and the confusion
was such that he could not identify the parties.
Daniel Bowen testified that he saw Brady sitting OF
standing against the bank steps, and that WlkinscI
crossed over and took hold of him, drawing pistol
which Brady seized, and dragged him along to the are
between the bank and the Post Office As they herr
Wilkinson called for the others to on and they
across the street Saw Fowler strike Brady with hi
fist inside the vestibue of the Post Office it being the frs
blow struck Brady then to the other end OF the
tibule.
Cross-examined-when Fowler struck Brady, he hat
hold Of WilkinsOn's pistol.
t. B. Alard testified that at the time Of the beating h,
in the rotunda of the Exchange building and seeing
persons rushing in there from the he out
into the vestibue, whore he them beating Brady
who his knees; Stein striking him the
head with stick He identified Fowler, Wilkinson and
McEldary also in the party.
Cross examined-Sein the only one he saw strike
Brady after he had reached the spot
Samuel Galbraith testified that at the time he was or
his way the Savings bank and he passed the
Second and Gay streets he three standing
fire plug there went the bank and looking out of
window saw one whom he identifies as Wilkinson
the opposite to Brady he then sup
posed in friendly way but he drew pistol which
Brady caught with both hands, and being the stronger
he dragged Wilkinson along the pavement to tht
Post Office out Of the bank and went to the
vestbue where he found Brady lying and three of then
beating him Wilkinson was not one OF those who wer,
beating him.
Henry Winter testified that he was on the Savings Bank
corner when he saw the struggling the OppOsit,
side of street though endcavOring
something from the other who was smaller man. and
who called to persons on the corner where he
tOOd Suuirp Mearis who also there told then
not to go over hut they The old backed
into the post Office vestihue and he over and saw
three ofthe crowd beating him. Saw Wilkinson with thu
pistol identified him positively, and thinks Stein Neil
Diary and Fowler also there and engaged in tht
beating Did Hogg One of the three was striking
him with another with his fist and the third kick
ing him. Saw Wilkinson with the pistol pointed at Brady
who was on his knees
Cross s-examned-The cane or stick was like a grape
vine in appearance, but seemed pable. The par
ties called by Wilkinson, talking with Squire
Mearis
F. B. Gallagher testified that he was in the front par
the post office and hearing noise in the street he
retreatng that way and holding from him pistol
He into the vestibue and ran to the lower end
it, when the party having the pistol pulled at the trigger
several times seemingly hesitatng though not having
true aim. Going to window further dow the Yesti
bule he the old man the floor and of the crowt
striking him with stick, another with his fist and
third kicking him. could not identify these parties wher
Wilkinson trying to fire one threw up his arm
and another called out 'dont shoot As the old man re
treated down the vesbule that she been do
ing nothing but attending to his work" Witness theT
out and rush at the corner of Gay and Second
streets
Counsel for the defence objected to any evidence as
what occurred after the beating.
Mr.. Addison urged that it followed so simultaneously
with the beating to be part of it, and directly bearing
upon the case at bar.
The Court sustained the objections of the defence ruling
that anything showing combination the part of tn,
accused before the beating legitimate evidence bu
that nothing which transped after the parties left
the spot where the beating took place.
NJ fnirp1 N nf