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

! can have no knowledge Of their testimony.
NJ FittsThe witnesses on the part Of the State hay
NOT Deen discharged if that had been the case and the
d been discharged by the State then the defence coul
/ nave examined them and ascertanpd what facts the
Mere ane to prove have known it to be the practice
'hIH Sourt To DO such Il thing contend for.
Judge Stump-The Court is not aware cr any rule ,
% " Which the state can be compelled call witneS
W tie staiia 10 pe examined Both in civil and srimn:
cases many witnesses may he summoned and only ON
nan perhaps examined; il does follow that because
witness IS summoned by the State the State is bound
examine him. if this officer would have benefited Won l.
his testimony, You could have known it and could bay
summoned G MN; you insist upon him you cxamin
Mr Pitts.-We do not know anything of Mcdonald
testimony, we have had access to him
Mr. W htney. AS far Mcdonald testimony is con
Glneu' was given before the Coroners jury and ha
Gsen puoshed it was equally accessible and open to bo
Mr. Hack-There is great discrepancy botveo t, oi
uece giFen before the Coroners jury that brough
Judge Stump.-The defence can examine Mcdonald to
morrow you can take any time you please to eyamn,
MN as to MS knowledge connected with the murder now
Officer Rigdon was then recalled bv tbe dnfnca Ul,
beton was shot only person ran across the avenue
III tI arecton the man ycornered across on the
pavement OF the street, towards the Black Horse Tavern
ouS tne laS' SlSht saw of him at Orchard street,
one male the exclamation 'dont shoot me when tbf
o'Gr ocerS came up to witness Houc and Benton did
ny Hed! ~ WIen Houck was struck, heard eXclama
1.-THE KIND; when Houck was struck witness went down
with him on his hands and knees; had hold of Houck
the think Brown struck Houck did not see Brown draw
pistol don't recollect seeing barrel wagon sandn on
bdde street between Mrs Green's house and the avenue
Mr. Hack one of the counsel for the nrisoner tbon in
short address before the jury opened the case on the part
u te deiece stating what the defence expected to prove
ana upon which facts they looked acqutal of the
chafSe against the prisoner Mr.. Hack commenced his
address by saying that the State had in the begnnnn OF
ts rla stated that they intened conduct this prose
cuoh upon air and impartial grounds that they had an
nonced and that the prisoner should be entitled to
tar and reasonable doubt regarded his guilt in this
affair We are not here. gentlemen the jury to DENY
that on the night of the 22d September last most
cicns ana endtsh murder committed producing in
TINS already excited community more feeling and deene
that the man, whoever he may be, VINO iIu the ueeu
should be punished to the utmost extent of the outraged
iaW-and we are here to show that Henry Gambri the
prisoner at the bar far from being the guilty party in
lhat deed Of blood not present when the murder was
committed but was at the time hundreds of yards
from the scene. We will show that that night Henry
HamDr with no design of violence in his breast with
social party of companions left his place of business
Franklin street near Euaw about 10 O'Clock and proceed
ca 20 the kouSe OF Mr. Morgan, the of Ross
and Eutaw streets that during this he was dressed
in dark clothes; that he left Mr. Morgans with his
friends and proceeded along Ross street to the corner
stopped that at that time he was dressed in dark clothes:
that after this he left the proceeded towards
Mrs Green's house on Bidde street We will prove by a
most respectable witness that Gambrl stood upon that
pavement for some time and that he dressed black
WStcoat he wore upon that night. We will show that
before the disturbance began at Mrs Green's Gambri
IN company with two three Others left the vicinity of
Mrs "reen's house and passed down the west side
OF pennsylvania avenue towards Franklin street.
he was seen with these friends near the hay
scales and then dressed in a black suit We will
prove TINS was before the shot fired; will show
that he proceeded along Franklin Paca street and at
Guainonc, and bo % ~, was SoAeh 20 ny an ac-
then proceeded to his place of business and throwing his
cap @ S9aS q@P9R @ tbs }S G GG9P4hG 4ahG cont we're % 6ac we will
also prove and here the evidence for the State and de-
fence comedies that the person who fired he shot was
dressed in light clothes and light slouch hat and who
after firing the shot the and his
escape through one Of the streets in the ncghborhood.
Mr. Hack said the defence expected to prove these facts to
the OF the jury and expected their hands
verdict Of acqufttal for the prisoner
MI IltS here stated that Mrs Davis witness for the
defence was not IN attendance and that they desired to
examine her first with the Courts indulgence they would
now send for her.
The Court then took recess for thirty minutes
On the assembling of the Court W C. n Carr asked
the Court to fix the bail in the Of Richard Dairy
charged with AN aSsault with intent tn kill Pail was
fixed at : 500. but not givcn
Mrs. Davis, sworn.On the nieht Of the murder wit
ness lived with Gamhrili Franklin street near Eutaw
husband and witness lived there with him. witness hs
band used to live next door that night there were
uur persons from the country came in to pt nysprs the
cook was out; witness helped Mr. Gambrn to get the
oysters; Mr. Gambrl preparing the oysters in the
kitchen at 10 o'clock he left the house: he had on dark
clothes; black coat pautaloons brown nearly black,
red vest, with flowers over it, kind of blossoms: don't
know what he had on his head
BY Mr.. Whincy.lIad lived GambriIl's house about
nine days witness family consists of self three children
and husband; witness and husband went to live door
hnt having lad difficulty came Gamhrill's until he
could get something to do husbands name was George
i."NIG Hl'iS; witness mas heen married eight years
irhi'A Go'7StH '' ms VIC or q a1A VINO W"S
e" ms WiiG ana IWo or thrcc hoardsrS MT te lv"d
mere called NmY Nh'ie Richard Harris boarded there
III same un thrreWefc several in the bar room who went
ont before "amhr'li when "am'r went out can't tell
VINO was mere great many lhGIe before Hamhrli went ont
sl' It man named McFherson 10 ten" par when
ne Nti' out "ncSs uoi KNOW "h"fc per husband was
Ilat h'&C "'lGDrll went out last d"n SNOW who the
PERSONS were VINO went out that night with HamhrlIi
@ i''1 mem witness was Summing IN te mar room
was "t IN position to see who ihey were three ladies
e G''t 'r oysters II was jiter 'ti Whtn
t clhe M lney h' Ile oysters SleWeu witness helped
/" prepare them don't know now long II took to prepare
mem tlNs twenty mhuteS' they cat them IN dining
"o" o' NIti Sg party were rEt smart Whlie eat
ing tne oysters they were aoont twenty minutes col
,,t i t'II'ta I!e,u up theN went out lhe passage
I'm ''''' 'I' Mil' t!,EN went u". "a"
Mr. Mcpherson in the bar; Sa Gamhrl was in the ltch
"ambrill anu ms wile had conversation a'uuI feT'
minutes aon hho" WHat ne haa on ms head MIIgl nc
went out witness TOOK particular noce Oh ms uIeSS 1e
cause was talking with hin; II was by gas Sht one Sit
was in the Kitchen ana one IN dining ROOM ha VeVet
colr on te coat, KNOW ne 'u Such coat because VIZ
witness was Sltung III tle room feaulh& PRAYER
opok, "lFh ne came IN ah! Plcheu ,9P, o',ie anu m
ilSheu %o Ieal laI oooG' %ilness yp,'eu Wv uu ne ne
eu anu % wen wen. oue' I'LL uian ~ ',s ,i "t9 p -
nsht' on the est ieie were NOV GNdctlS o"cIs hI VI
clouded Ike; 1t was RED vest the coorS were strong
EeoW blossoms very DARK ne had on Gark Drown palt
nov "cN, si,"e "eSM ecu ".pTii III ' N, ", % i. ~
to an IN the mouse when OamDr was arrested ABOUT ms
cioes pelh@ dark because they sld ne was uFeSSeu IN
light clothes; don know Wh" went out don know II
David Houck or Richard Harris went cut before "amorl
olu'
By Mr.. Du1y.-About twenty minutes occupied
in cooking the oysters it large stove the kitchen
is as large 5 the bar-room; Gambrill cooked;
witness fixed the crackers and things; Gambrill
had black cloth coat; dress coat
his best coat; the vest made of silk velvet
don't know what he had round his neck; his shirt had
Marsees bosom; they thick pantaloons, cloth
casSimere were nearly new; vest nearly new.
By Mr.. Whtney.-Was in next door buying ground
nuts they had clock there asked the time they said it
o'clock that is the witness fixes the time;
BY Juror-Gambrill returned home about O'Clock
that evening; noticed shirt he put on about o'clock.
Miss Swtzer, sworn.-Am a daughter of Wm. Switzer;