The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1858-11-04

when Gambrill came up and shot Benton; Gambril wa
on the LEFT towards the street and witness
house.
By Mr.. Pitts-Witness on his first examination salt
he was looking at his prisoner aud did not say Garb
was three or four feet Off attention prisoner
when tiambrill and pulled away there nObod,
nearer witness than The distance the jury box excep
Gambrll they might have been little nearer don't know
any of them except the officers who were Tavlor Burke
! and Brown; after the pistol was fired Office
/ Brown came up and struck IIouck and he wen
the pistol fired witness turned and saw officer.
Brown Burke and Taylor coming towards him; witness
stated that he and Benton had senhard in custody and
iouck interiered and witness arrested him. the pistol
about twenty inches from Benton when it fred did
not pursue Gambri held to the prisoner; had
presence of mind then to Gambrill; knew Gamh
knew he could he had at any time; knew ouck also
knew he could bc got time; but had hold fIouc
and witness lets of his prisoner; know Harris
saw him there at Mrs. Green's house think him be
fore witness went in the house. he dressed in light
suit Of clothes, but can't say to his hat did not notice
| the hat.
| By Mr. Whitney.-Ay reason for not following Gambr
was, TO speak canddiy, that dubious about follow
ing him; was afraid that my light would be put ont.
Mr.. Pts.--Why, how many officers were within call9
Witness.-ilow officers in call when officer
Benton was shot? Ny life has been threatened many
Mr. Pitts.-That will do, Mr. Rgdon.
Witness-l would just like to ask Mr. Pitts ques
Mr. Whitney.-Please step down, Mr. Rigdon.
Wtness-Nery well, will see Mr. Pitts another time
any time.
After the examination of officer Rgdon Mr. Whitney
The defence then called the following witness:
William Cunningham, sworn.-Resde Pennsy ylvania
avenue near Biddle street; at Mrs Green's party;
saw the two Misses Swzer herewas there when the par
y came; heard them serenading know Harris the win
dow was open about five minutes Harris Miss Switzer
and witness looked out know Gambrill; did HIM
there.
Mr. Hack here arose and stated to the Court that as
was now within twenty five minutes of the time of ad
ournment and the counsel had made arrange
ment as to their speaking yet he ad-
journ he said that the defence had
who was not yet here they proposed 10 Namrc this wit
ness tomorrow Ito day. and they thought that would
conclude their testimony.
The Court said it would adjourn until to-day
N Pitts enquired what the rule in regard to the
speaking; was it the two hour rule?n
Judge Stump-Oh no, not in capital case.
Mr. Tucker of the jurors asked if the Jurors would
not be allowed to their families arrange of
their business matters
Judge Stump said he could permit it. they must be
Kept in charge Of the bailifs.
The Court then adjourned until this morning at
10 O'Clock.
CIRCUIT CoURT OF BALTIMORE CIrY.-Hon VIM
Geo. krebs, Judge The Court was engaged in the
following business Yesterday.
Russell ct nj rs. Talbot Teakle Trustees ct al
Before reported. Further argued by j. Nelson for
complainant. Held under curia.
Augusta Westphal Us. Charles WestphaI. Decree
passed diTorcing complainant from defendant
Uincui0 matrimonii. Wolf for complainant.
SUPERIOR CouRT.-ITon Il. Collins Lee, Judge.
The Court was occupied in the following case on
yesterday.
William Fisher rs. James Frazier, administrator
of Wm. II. Frazier. Before reported. Not CON
cluded.
Assignment for to-day 357 to $50.
UNITED STATES CmcuIr CouRT-Hon. Judge
Giles. In this Court yesterday jury was empan-
elled in the case of Isaiah Frost and others u.s. The
Frostburg Coal Company. An action of ejectment
to recover possession of coal mine. II. Winter
Davis, Hugh i. Bond and II. Il. Partridge, Esqrs.
for plaintiffs: Thomas J. Mckaig, George A. Pear
re and William Price, Esqrs., for defendants