The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1858-11-01
La 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 Us. 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 inlicting 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 on Saturday morn
ing, the examination of witnesses for the State was
continued:
Captain Iinaweaver, sworn-Am police officer; recol
ect the night of Bentons murder the night 22d
September last, think it Wednesday, coming up
the south side of Franklin when corner
Franklin and Paca streets heard very loud report of
pistol witness in company with three four other
persons; these persons were man named James Green
holtz, Michael Hoffman, Samuel johnson and Emanuel
Schaeifer; after heard the report witness and company
walked on; when We came to the Pennsylvania House
Greenhoz stopped and knocked at the door, Geenhotz
boarded at this house; witness halted few moments
if Greenholtz could get in the house. the was
opened. and then witness joined Schaeer, Hoffman, and
Johnson when got to Pennsylvania avenue
ed over Franklin street to the north side of the
when crossing over noticed man running
down the avenue, towards witness and friends
he stopped running when he got near eXhaused
he then drew his hat his face and passed u.s. Hoffman
said, Cap that is Harry Gambr' witness responded
yes Gambrill then crossed Franklin wit
ness turned to look at him. he then going down
the south side Of Franklin street towards Paca witness
ana friends then kept on out the Avenue when the
Bee Hive tavern officers the other side with
prisoner; they were RigdOn and Burke; David TOuck
the they had; when witness went across Houcl
caught witness by the coat and said he would go with
witness; witness then informed of the murder Off
Benton; was then told Gambrll had shot Benton.
witness went up and the body Of officer Benton
lying the pavement witness felt his pulse he appeared
to be still alive his heart was beating witness thought
witness asked some one to for doctor it then
twenty-five minutes of u O'Clock; witness recoects
looking at his watch; it bright moonlight, could see
the time by the light of the moon witness then started
after Gambr officer present, said he ought to havea
Vines thought n case Of murder was not ne
ner of Euaw and Franklin streets met officer Mcdonald
there; he said Cap" he has gone Morgan's; Morgans
house on the northwest corner of Ross and Euaw Streets
witness and other officers went to MOrgans house, and
knocked the door; Gambrl out he was dressed
in dark suit dark coat pants and dark cap; officer Den
nlSon sid Harry, we want YOU witness then arrested
Gambrill. 1t halfpast II o'clock when first heard
report of the pistol about five minutes after hearing
report when witness arrived at the place where the body
have known Gambrill several years by sight
did not know his name until several months back;
when hrst saw Gambrill, he was dressed in light
drah coat, and think, light pants; it about
half hour after first him until the time that
he was arrested Gambril wantcdto know why he
rested; don't know whether Dennson myself told him
Benton had been shot, Gambri replied he could prove
that he had not been out of his place that night except
to go to Morgan's it very night first saw
Gambrll the right side of the avenue the
of Franklin lit by moon; saw Gambrill
crossing from north side south side; saw the wound on
Benton's head; the hair was snged; the hat also
burned by powder showing that whoever fired have
been very close; did not know.
Cross-eXamnation by Mr.. Pitts.-Witness was near
Paca Franklin street. when heard the shot was in
company with James Greenholtz, Michael Hoffman, SamI
johnson and Emanuel Schaefer that time was in con
versaon in regard to the firing heard the report before
we got to the Pennsylvania House, the south
side Franklin street; crossing from Franklin
street, when the supposed to be Henry Gam
brill he coming down Pennsylvania towards
Franklin street, he about thirty yards distant; HoT-
man the right side this passed between Ho-
man and the house, the running very hurriedly
when witness first saw him. after Gambr passed. Hof
man made the remark, that Gambrill;' witness
Gambrrs face before he drew his hat witness supposed
the man to be Gambrill when he first saw him.
before he drew his hat down. witness don't
know positively whether he west OF
Paca street when heard the report of pistol walking
slowly in conversations witness halted to if Greenholtz
could get in; Greenhoz said all right then witness
on witness can't tell the distance from where he
first heard shot to here the murder commed can
tell the streets rsreet is George street then St. Mary
street. then Orchard street, then Bdde street. the Black
Horse tavern is the first tavern OF Bdde on
the from the of ST. Mary Bidde
street is between two and three hundred yards the dis
tance from where first Gambr to where the murder
was committed from two to four hundred yards the
man was running rapidly when witness first him.
he was between the Bee Hive Tavern and Franklin
when first saw him; was dressed in light drab coat,
not dress coat; had slOuch hat not positive
the color he had not at that time his pantaoons
were GhC noticed coat more particularly; saw nothing
in Gambrills hand weapon; witness examined
witness before the Coroners jury stated there he
coming up Franklin from Howard street; witness can't
remember whether he had crossed Paca when he
heard the pistol; walking in ordinary gait was
gong home was talking witness thinks about the report
of pistol
BY Mr.. Hack.-Was asked as to the time when
near Paca street. 1t half past eleven o'clock;
after Gambrill passed witness David Houc in charge
of officers Rgdon and Burke; Houck desired witness to
take him to the house, has no recollection OF meet
ing any other the avenue witness
to the other side of the don't ecoec seeing any
one else in going up to where the body of Benton
was lying it twenty minutes of twelve o'clock
when witness got to the body; remained Benton
about fifteen minutes; it after twelve o'clock when
witness arrested Gambr did not go beAGT Eutaw
when in pursuit of prisoner met officers John Mcdonald
and Andrew j. MalOny at the of Euaw and
Franklin; did not Gambrll any after he passed
me at the avenue, until arrested him at Morgan's
BY Mr.. PittS-Did not speak to Gambrill when he
passed me.
By Mr. Whitney.-oficer Benton had a straw hat
that night Gambrill to about six feet from
me at one time; witness in uniform that night Ia
straw hat, marked by powder burn, having the number
200 ON the band, here shown the witness that is
Benton's hat; Gambr went down Franklin very hur-
riedly.
By Mr.. Pitts-Gambrill passed the pavement; he
had passed us when he crossed Franklin street. witness
stopped and turned round when Gambrll crossed the
street. had heard nothing of the when met
Gambrill; thought it Gambrill, because witness
running down from the direction of the pistol shot
Michael Hoffman, sworn-Reside in Baltimore;
keeper of the Bee Hive Tavern; know Henry Gambrill
known him eighteen months years; been keeper
the Bee Hive nearly four years; with Capt. Line
weaver on the night of the MURDER going up
Franklin street, towards Pennsylvania avenue heard
port of pistol or gun; crossing Franklin
street. met Henry Gambrill; witness it Gambri
when first met him. Gambrill pulled his hat his
am certain it Gambr witness swears to that; he
had on light coat Gambri met me face to face; wit
ness can't he mistaken about the being Gambrll; it
was between IL and II o'clock; Samuel Johnson Emanuel
Schaefer and Captain Lineweaver were with witness
by h Ilts.-llau beeh 10 the theatre that night we
were going home along Franklin street towards the
heard the shot when William Winns where the
new buildings were going up between Paca Green
streets went further on towards the Pennsylvania House,
GreenholZ then went into the tavern; we walked on
Capt Lneweaver merely turned round and kind of halt
ed; he then came up with us; crossed Franklin
street to avenue and witness stepped
pavement Henry Gambrill passed witness; did
Gambrill before on that night; he brushed past me-
struck my arm in passing the coming down
pennsylvania avenue, but did not know him until he
came up to witness; can't tell whether the
walking first ~ inn. he rvaa
walking when he passed witness; when first saw
him coming down Pennsylvania avenue he about
as FAR OIL as the window (witness pointed to of the
north windows the Court room the distance would be
about twentyi five feet may be little more; may be
little less may be not so much; Gambrill where
about Housenwad's feed store when first saw him. he
passed witness as witness stepped from the hay store
Gambrl stepped down from vement and then crossed
Franklin street. Gambrill stepped down witness turned
and looked after him. did not the mans face until
came up to witness did not speak to him; witness speaks
to him when they meet always Gambrill always speaks