The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1858-10-01

assaulted him with deadly weapon and that they
intended to prove that the act of Ford was justified
| by the circumstances
Mr.. Whitney remarked, that no evidence was vet
produced to show the assertion of the counsel for
the defence to be correct, in relation to Burnhams
following Ford with view to do him bodily harm;
| even if that the case, the prisoner was not
justified in taking life, without he had been driven
to the wall and no means left him by which he
| could get away
The Court sustained the objection of the State
| and the question was withdrawn by the defonce.
Mr.. Whitney here remarked that the State rested
its case here except for rebutting testimony.
| William H. Cowan, ESQ.,, then opened the case
for the defence in short address to the jury, sta
| ting that they intended to prove that Burnham had
threatened the life of Ford, telling him one
! caslon that he had better get measured for his
| shroud; that when at Ford's own house he had
struck him with billy breaking bis nose. and that
at the same time he had badly choked Ford, and
that the prisoner was justified in what he had done.
The defence then proceeded to the examination of
witnesses; the first witness called was
! Mrs. Mary Smith, who sworn and testified
was IN my own house on the 14th of July last
the house is in Vine street; don't rccocct the num-
! Der; was there when this occurrence took place.
| Burnham there about o'clock that afternoon:
said something to me about Ford: asked me if Ford
was there; told him he was not; he said he intend
! ed to watch the house both day and night until he
saw him; he said he intended to kill Ford the first
| chance he got
Question by defence.-What was the cause of
| that threat?
! objection sustained by the Court.
Witness continued.-Saw Burnham no more after
that till the night of the murder; he came to the
house at O'Clock or after: don't know exact
time; asleep at the time he came; Ford was
not in the house then; Ford came in by the alley
about O'Clock; generally came at that time; Ford
came up the alley because left the front door KEY
at my sisters in the iOrenOOn when Burnham came
in, asleep in the front parlor the noise of him
coming in awoke me; met Burnham in back room
coming towards front parlor; he spoke to me- whilst
| talking, heard Ford rapping at front door; then
| then went and holSted window and told him
| to go up and come in by back door; he
did not seem to believe when | told him
| about the key; Ford come in four
| five minutes after Burnham; Ford opened the
| back door and came in; Burnham said to him.
| "l on s-n of Il b-h, I've got you now Ford re
piled that che did not wish any disturbance as it
was his own house-so he had better 90 OUT"
Burnham said 'he didn't DAMN then saw
| Durham strike Ford with his billy: then saw him
grab Ford by the throat and nearly have him down;
saw no more that night; went out and heard Ford
| haooing for Mr.. Webster, as though he was sran-
| Cling; heard him haoo four five times; went
| out by the basement; heard one pistol fired, and
| still heard Mr.. Ford halloong for help, and then
| heard great struggling; heard three more shots
! fired very quick; heard no more of it that night;
| don't know where Burnham lived: he was not
living with his wife at that time; deceased had two
children; his wife lived in Hill street of
| Comb alley; Burnham lived with his wife two
! three weeks before this time; he formerly lived in
| Warner street; it was mile and a half from my
house; Burnham was substitute Police officer; had
| no badge on when in my house in the afternoon;
! had previously lived in Burnhams house.
Question by defence.-Why did you leave Burn
hams house?
| Objected to by the State
Witness i can't answer any such question like
! that, in place of this kind
Examination continued--Burnham was married
tomy sister. Ford rented the house Hill street,
! where my sister and myself were living; did not
live there long enough for any to pay the rent
! Question by dcfence.-At whose solicitation
| it that the house was rented by Ford?
Objected to by State and objection sustained.
Witness cOntnued.-Burnham threatened to kill
both me and Ford; he did not give for this
| threat.
| Question by delence.-Did you institute a suit
! against Burnham?
| Objected to by the State and objection sustained.
Witness continued.-Burnham said at time
! that the cause of his animosty against Ford
! because Ford had been the means of his being
! indicted before the Grand Jury; he said he would
kill us both if we did not make it up before Septcm-
! Der: this or weeks before this occurrence;
he never assigned any other reason; heard Burnham
threaten to kill Ford in Hill street, if he got
| chance; Burnham whipped me before this: did not
| hear Burnham to Ford he would kill him; don't
rCcollcct hearing him: he said he owed Ford debt,
| which he would pay in his own way; never heard
| Ford threaten Burnham; have known Ford to keep
out OF Burnhams way; said he was afraid OF himand
did not want to 90 where he was never saw him re-
treating from him; Burnham said when he in my
| house that night, 'whichever the best man
WOulu nave 10 ole tnat nlgnt ne IN lOr DlOOd;
had told Burnham not to come to the house in
Vine street; have stated all he said to the best of
| my recolection-Burnham went to Philadelphia
| Monday and returned Sunday morning: | was
| living in Hill street at that time;
| present ut meeting between Ford and Burnham
| there; didn't hear Burnham assign any reason for
| his anmosity against Ford then. On the Wednes-
| day evening Burnham said he came to see if Ford
was there; this in Vine street; he had pistol
| with him: the pistol
Cross examination by Mr.. Whitney.-My name
| e M,.,- H.. I Al.
he is living with me now; been married three
years; was asleep, lying on the front parOr floor,
when Burnham came in: living the fire
place: don't know how long had laid there; laid
down at dusk; did not see Burnham come into the
house; was awakened by the noise of his COM
ing in, opening the door and walking heavily
across the floor; Ford came in four or five
minutes after; heard other noise then,
no outcries, or disputing; when got up Burnham
was in back room, coming towards folding doors;
had conversation with him; he did not ask me then
if Ford there; talked about two minutes,
was talking when Ford came in they did not come
in together. | testified before the coroner'S jury
that night; did not state then, that they both came
in together; did not say they were quarrelling when
| they came in said | left the room because they
! were quarreng, said then, that heard the report
of pistol after had left the room, and heard one
blow struck, but did not know whoStruck the blow;
did say something in relation to billy, that Burn
! ham struck Ford with billy Ford at my
| house the afternoon Bulnham came there: two men
came with him; Ford came into the house, think
they all came in together never heard Ford threat
en- Burnham; heard no threats that afternoon; don't
! remember saying before the Coroner's Jury that
| Ford had said if Burnham came into the house he
! would kill him; did not hear Ford say Burn
! ham standing in back room when Ford came
| in, Immediately in front of back door; Burnham
| said ''You S--n of a b-h, I've got you now;
don't know whether said this ornot before the Cor
oner's Jury, much frightened at the time;
don't to say that did not recollect what had
occurred; testified then that Burnham struck Ford
in the face with billy; don't rccollect saying be-
fore the COroner's Jury that heard blow struck;
saw blow struck about the nose heard no
! leave house before Ford in: when the
blow was struck, saw Burnham grab Ford
by the throat; then went OUT he grabbed with his
| left hand a pistol in Burnham'S hands that
afternoon like the police carry; never it be
| fore; pistol i'll Burnhams hand that night
was on front pavement when heard pistol shot
| then heard Ford halloo 'Bl come in and help me.
or Burnham will Kill me; the voice sounded as OF
one strangled. very low and smothered, could hard
! y hear it; don't know anything about Webster:
don't think person three or four pavements off
could have heard the cries; when heard the other
three shots fired tainted, and knew nothing more;
when | recovered was in the next house; suppose
it was 10 O'Clock; saw officer Bishop there; Ford
not talking to Bishop; Ford was ON the pave
ment alone; Bishop not with him; spoke to
Bishop; did not eXcaim ''Oh my God, do take him
away, he has killed my brother"-I lived with Mrs.
Burnham in Hill street; Ford rented that house at
the time Burnham was in Philadelphia he was
gone a week. not living at same house when
Burnham went away-was living in Warner street
with my sister, | removed, and sister went with me
for protection; Ford moved me. Communicated to
Ford the threats made by Burnham; saw Ford that
afternoon at Spiess office at o'clock; he was a
little in liquor then. Had been in forenoon to my
sisters in Hill street; don't think promised to go
sisters again that day; left the key of the house
on Vine street at sisters in the forenoon.
BY Mr.. IIack.-This affair occurred on the l4th
July; the folding doors of the house open; the
window sash in front raised, but the shutters
closed.
Question by Mr.. Cowan.-Why did Ford rent
that house in Hill street? The witness declined to
answer and the Court said she not compelled
to do so.
Without concluding the evidence the Court at
21% o'clock adjourned until to-day at 10 o'clock.
The case of Henry Gambrill, charged with the
murder of Police officer Benton, will be taken up
next Tuesday morning.
Application made to fix the bail in the case
of William Quinn, arrested on the llth inst charg
ed with shooting Sergeant William Jordan, at the
time of the election riot in the fall Of 1856. The
Court fixed the amount at $4,000
Z. S. DISTRICT CoURT.-HOn. VIM. Fell Giles,
Judge. Wm Meade Addison, Esq, U. S. District
Attorney, prosecuting. VIM. S. Waters, Esq, for
the defence.
United States Us. VIM. D. Vaughn, indicted for
robbing the United States Mail. The evidence in
this cause, which has been already published,
concluded yesterday, and the case given to the
jury who rendered a verdict of 'not guilty"