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

/ T. lttS anu CilNcf T. ll3Ck, LsCIS. LOT
the defence
State Us. Henry Gambrill, indicted for the murder
OF pclice officer Ben amin Benton, on the night of
the 22d of September last, by shooting him with
pistol, inllictng mortal wound in and upon the
night 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 Yesterday morning
the examination OF the witnesses for the defence
was resumed
Oliver Burke, sworn-Am a brother of officer Burke;
the company of Gambrl that night; met him the
ner OF Hidde street and Pennsylvania avenue went with
MN ana party 10 Greens house; stad there ten min
uteS and left with Andrew Miller and Nelson Thomas;
passed down the Franklin street. when near
Green street heard the report of pistol; kept down
franklin street to Gamhrs house; Gambrin came in
shortly after got to his house; Gambrll was dressed
that hlght IN dark Clothes had on dark cloth dark
pants ana DARK vest was at Green house when my broth
er was there Gambriil dressed the Green's
house as at his own house.
BY Mr.. Dufy-Witncss did not 90 to Morcan,s after
Gambr returned homa did not start from Morgans with
the party have known Ganlhr twelve wears 90
with him ''S g
By Mr.Whimcy.-Was outside the Court room when the
Court adjourned yesterday.
JOHN Mcpherson, sworn.-Went with Gambril and
others the night Benton shot, to the house Mrs
Green stad there about fifteen minutes and then left in
company with lioltz officer Maoney, James White and
another man; We went down Pennsy yvana avenue; when
We got opposite the Bee Hive Tavern, witness saw Cam
brill the other side; passed franklin street
and after passed Greeu street. witness heard the re
port of pistol; witness turned to back, and
brill coming down: he said there is no use going back
it Is only senhardt up there drunk witness GambrilI
and Holtz then went the of Paca street.
witness and Gambr crossed over; uilz went on to the
corner of Paca street and stopped talk with officer
Watkins and others Gam%ri then halloed Ben come
on witness and Gambr then went as far rs the corner
of EUtaw street; witness stopped and Gambri went on
and entered his house; officer Watkins came down
and witness went in Gambtis house with officer Wat
| kins.
BY Mr. DuGs-Gambril left his house that night about
o'clock David ouck, Richard Harris witness are
all the persons witness lecoect who left at that
time; known Gambr ten twelve years; witness was
bar keeper for Gambril goes with him occasionav. vii
in he yhpnt Tho
By Mr. Whney-Thiuk the party left GambrI,s about
O'Clock; GambrI left black man behind the bar: wit
went to Morgans stad about time enough
to take drink left with the party first
young Ross street; then Green's house;
saw Richard Harris go in the door of Mrs house
don't know whether Isenhardt get in the window;
witness was on the opposite side of the street. heard the
| window glass broken
Mrs. Lancaster, sworn.-Resde one door from Biddle
street on the avenue; remember the night Benton was
shot was walked up by tine cry of watch; the noise
back of witness house; afterwards heard the on the
corner; looked out the window, although it is rather
critical matter to look out these times; the flash of
pstol then put head out and four FIVE
SlN persons, who all seemed to be in hudde the
lamp post the flash OF the pistol right in little
huddc of men; witness looking up stairs
| window; saw the body of Benton lying the pave
| ment
! by Mr.. Whitney.-Was much agitated that night be
cause my son was at the party thought perhaps he might
! that injured his Speech he shot through the
! lungs.
By Mr.. Pitts.-Witness was not so much agtatcd but
what She could see every thing which she has told the
! jury.
Officer Mcdonald recalIed.-when the crowd came out
OF Gambrllls house there twelve; they
were singing witness went up to them and asked
to be quiet they said they going to serenade party
witness thought he recognized GamrI dressed in
light clothes but will not positivelya
! thought he did not see him when he out of his
! house.
By Mr. Whitney-Was near to the crowd; was talking
to lsenhar and Houck did recognize Gambrill posi-
lively thought Gambril from his form did not see
his face; did not say next morning that witness saw Gam
! ntn his i lSp wi his oot nm, his.
Andrew Miller sworn-lve at No. 35 Orchard street;
am painter by trade; known Gambrill twelve
years. GauIbrill on the night of the murder Nor
gans Gambr was dressed in black cap, black coat,
| dark pantaloons and figured vest my attention
called to his dress; witness sat table behind him and
put his hand Gambrs knee rubbing his hand Oh the
leg witness then asked him 'where he got all his good
clothes FROM" witness went to Green's house with him;
he dressed in the suit there; left Green's house
before Gambrll; was with Oliver Burke and Nelson
Thomas; down Gambrills house; there when
ambr came I'M he was still dressed the same way when
! he came in.
BY Mr. DuGy.-Was out in the lobby when the Court
adjourned Yesterday; witness goes with Gambrill.
BY Mr.. Whitney.-Witness did not go GambriIl's
the black man; Oliver Burke and Nelson
Thomas there lsenhard had not in the window
| when witness left Green's house.
Nelson Thomas sworn.-T.ve corner Ross and Biddle
streets; stand in my brothers grocery store; Gam
brill the night Benton was shot at Morgans; he was
dressed in dark coat pants and cap witness went to
Green's house, left with Andrew Miller and Oliver Burke;
went to Gambrill's after leaving Mrs. Green's house
there when Gambrill returned.
BY Mr.. Whitney.-Witness went to the party hear
Gambrl's and frierds' serenade; they went to Mrs
Green to sing did not see senhardt get in the window
saw Richard Harris go in the door, Gambr stand
ing the window then.
Thomas J. ReybOd, swornReSide in Lexington street,
three doors above Park am paperhanger; know Gam
brill to speak to him. met Gamb that afternoon between
and O'Clock Liberty street. he had dark cap
slouch hat; had figured vest; have him it
often; he had dark coat can't say it black: it
kind of color; his whole suit dark;
MIN pass twice that aftenoon he spoke to Witness Houck
was with Gambrill.
childhood rasen IN witness neighborhood General repu-
aton in neghborhood that of peaceable and quiet
By Mr.. DuGy.-Have heard his character spoken of
peaceable and quiet man, but not particularly dis
By Mr. Pitts.-As far as heard his reputation
spoken of, it was that of peaceable and quiet man.
Benjamin Caughy. sworn-llaye known Gambrill II or
Is years; his reputation is that Of peaceabe orderly
man; been living in witness neghborhood most of time
witness acquainted with him.
BY Mr.. DuTy.-Eaye never heard any talk about
his character.
William Reed sworn-IIave known Gambrl since he
boy; heard anything disrespectul bad said
him. have heard the character of the prisoner and
his John spoken Of the prisoner always
sdered the best boy the by every body he is
sered in his neghborhood peaceable quiet boy that is
Madison Jeffers sworn-Have lived in that portion of
the city where Gambrill is known for long time; has
heard the characters of the two Gambrs discussed;
while John always considered rather wild, Henry
always spoken ofas peaceabe and quiet boy that was
| his general reputation.
past twelve years. his general character peace
able and quiet good never heard of any charge
against him except the present during the period wit
ness knew him.
william Clemens sworn.-Iive on the avenue; have
Gambr since he child his characteri in his
neghborhood has always been that of peaceable and
| quiet boy.
youth general reputation in his neighborhood has
been that of peaceabe and quiet man.
David Ball swOn.-Resde at No. l66 Franklin street;
have Gambrll six eight years; he has always
lived that section of the town; far as known heard
| he always bore good reputation.
By Mr.. Whitney-IIis reputation has been spoken of
being good deal better than the rest of the crowd the
! party he goes with.
william Clemens recacd.-Ths distance from Winns'
buildings Franklin street to Green street eighty
and Pennsylvania avenue to the Black Horse Tavern,
the avenue diagonally to the corner of
street. three hundred and thirty strides the dis
tance from the corner of Bddle street Green's house.
without crossing Biddle street, is sixty strides.
The defence here announced that they had closed
| their testimony.
The State then offered the following rebutting
! testimony:
officer Joshua Brown, sworn.-was duty the night
this took place; was at Mrs Green's house;
have known Gambrl for the last eight ten months;
have seen him often; him Mrs Green's house;
saw Gambrill that night to know him coming towards
where Rigdon and Benton had ouck in custody witness
had left Houck and going back to where lsenhardt
was; after Gamhrill pass him. witness heard the
report pistol about minute after he dressed
in light coat light slonch hat saw his face after shot
was fired down to Benton Gambrill at his own
house fifteen twenty minutes after Benton was shot,
don't know Harris.
By Mr. Ptts-was on the corner of Ross and Biddle
when first heard the fuss officers Rigdon, Benton
and Taylor with witness; when got to the house
Burke and Handy there; there a fuss in the
house in there; wtnes did not go the
house, had IScnhardt in custody; arrested
IIoucE Benton hold of IIouck first; witness had
hold of Houck also when Rgdon came and said as he
was the stoutest witness better let him assist Benton
for witness to back witness had got halfway to
when he let go of HOuck; there ten
about the house, think there several
light clothes; the first time recognized Gam
bris when witness going back to lsen
hardt was by Isenhardt when witness heard the shot
fred Benton and Rgdon then the corner; could
| see them from Bddle street; there four
| or five persons these Cficers; the
flash; it appeared to be the lamp post
appeared be like the side; the crowd then
saw one persons go in Green's house; thought it
was Gambr who witness had prevented going in Mrs.
Green's house, witness had his hand the mans should
er but certain that it was Gambrll; Benton
rested Houck first Rigdon in the house, Burke Ben
ton and Rigdon out of the house with Isenhardt
can't whether Houck very drunk very sober,
not being used him much; Houck resisted he sill
ding along pavement; witness knocked Houck down.
was under the impression Houck had shot Benton did
| not draw pistol Houck; had none to draw Houck
said don't shoot men some five six persons followed
Benton and Rigdon.
! Officer Taylor recaled-Was one of the officers who
Eutaw street open; there light the
| transom Capt. Lineweaver knocked the door;
5 or minutes afterwards Gambr came out. dressed in
different suit from what witness him have when at
Mrs Green's; did not think there six per-
in Morgan barrOom them witness thought that the
inmates had all gone to bed.
By Mr.. PtS.-Don know if Harris Mrs. Green's;
did not him there did notice him in the house,
after heard watch cried. towards the house and