The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-02-03

street the night of the shooting know the prisoner
heard two shots in the house; when they were fire
Duvall and witness were on the southwest corne
| OF Howard and Montgomery; heard two shots fire.
at the back part of the house.
Cross-eXamined by Mr.. Wbitney-Witness wa
one of the company who came from Cummer's lage
beer house; have known Lemon two three years
did not him go into the house; don't know
where Lemon was when the shot was fired; witnes
can't identify any who went into the house.
by Mr.. kenly-There were from thirty to forty
persons around the house.
Phillip Zerwick, sworn-Witness was in the
house on the night of the shooting; some one sale
''put the bar ups after this Lemon came to the door
some one said ake the bar off, witness did so Johr
Lemon came in and said he an officer and push
| ed the door open; Lemon was in uniform and haC
| on Guayaqull hat; witness saw no others come
| in.
| Cross-examined by Mr.. Whitney-Lemon came
IN first, witness then went out; did not notice any
body come in; witness Edgar coming across tc
the crowd; did not Duvall; witness went off as
| as Lemon came in
AlonZo Montague, sworn-Was on South How.
ard street the night of the shooting; heard two
shots in Fischer's house; when witness heard the
trlng he went Immediately to the southwest corner
and saw Duvall and Siglefous there
| Cross-examined by Mr.. Whitney-It was after
the shots were fired that witness saw them on the
corner; witness did not see Zerwick come out OF
the house; witness was with the party that evening
| there were eight or ten of them; witness saw d
| party go in the house from North Howard street:
did not see Duvall go in; one go in with a
uniform on, or with aGuayaquil hat twas bright
| moonlight night.
| By Mr.. kenly.-At the time the shots were fired
witness went across to the southwest corner, and
! saw Duvall, Siglefous and others there
Philip Zerwick, recalled by the State-The shots
| out of the house.
Officer Thomas, recalled bv the State-Lemon
| stood at the door about two minutes; there were
six or eight came across from, ner
went
| house from North Howard street.
Justice Boyd was recalled, and presented plat
which he had drawn of the ground floor of the
Southern district station house. for the purpose OF
explaining the positions of Duvall and Mrs. Fisch-
| er, on the day she was brought there to identify
! the prisoner.
Mr.. Kenly here stated that the defence had closed
its testimony and Mr.. Whitney said he believed the
| State had also closed
The Court then took recess for fifteen minutes
Upon its re-assembling, Mr.. Whitney called the
| following witness, which he desired to examine for
| rebutting testimony.
| Mr.. Berry, sworn-Was foreman of the coroner's
| jury in the case of Christian Fischer.
Mr.. Kenly-"Was the evidence reduced to wri-
ting?'
| Witness-"'Not by me; there were several per-
| sons around the table writing
Mr.. Whitney-"The reporters, suppose
Witness continued-The Fischers testified then
that John Lemon and others came into the house
! that night, and stated that standing by the
| side OF Lemon drew a pistol and fired; they said
| they did not not know the man, but they could
identify him; that is witness recollection
Cross-examined by Mr.. Kenly-The verdict rem
dered was, that Christian Fischer came to his death
| by shot fired by the hands of some person un-
known to the jury, with party of men led on by
John Lemon.
Deputy Marshal Manly, for the State, sworn
Was at the coroners inquest, held over the body of
| Christian Fischer
Mr.. Whitney-"State what was said then by the
Fischers."
Mr.. Kenly-sWas the evidence reduced to wri-
ting?"
Witness-"The reporters were there taking the
testimony
Mr.. Whitney-'T don't want the evidence as
taken by the reporters; want the witness to state
| what was said there by recollection"
MIR. Kenly.-"I object to this testimony"
The Court ruled that the testimony was admissi-
Bile to rebut the evidence of the defence in endeav-
oring to impeach the States witnesses.
Witness continued.-Mr. and Mrs. Fischer said
they did not know the mans name who fired the
pistol but if they could see the man again they
would know him; witness then sent for other par
ties, and they gave the of the party who fired
the shot; witness thinks one of them Catharine
Easter; the warrants were then issued by the cOro-
ner for the arrest of Duvall and others.
Crossexamined by Mr.. Kenly.-Duvall was ar
rested day or two after on the coroners warrant,
and was discharged in way; the arrest was
made by information made by Catharine Easter,
witness Thinks the evidence was that Lemon was
standing at the counter and the other who fired the
Fischer said the smoke so dense that she could
not distinguish any one
Mr.. Kenly here stated that he would have to show
by gentlemen who were present at the inquest and
took down the testimony that the Fischers did not
testify before the Coroner as they had done here.
He then called
Ignatius d. Barton, sworn-Was present at the
coroner's inquest over Fischer; know Mr.. Hanna;
ne was at the inquest as reporter and juror; Mr..
Kimberly also present as a reporter and juror;
the purport of the whole evidence was of an inde-
mite character; there nothing elected in the
testimony from which an officer could make an ar
rest fAgt ii ra9 ra9 zhd Mrs fseker Stated then
about the identity of the party.
Mr.. Berry, re-called-Witness saw the evidence
published but did not read it, it was not testified to
by Mrs. Fischer that the smoke was so dense she
could not identify any one; she distinctly stated she
recognized John Lemon.
j. NJ. Hanna sworn.-Witness was present at the
jury of inquest over the body of Christian Fischer
was one OF the jurors; witness reported the for
the Baltimore San.
Mr.. kenly.-''These reports, you have said on a
recent occasion are pretty reliable
Witness.-"Yes, SIR
Mr.. Whitney.-"That is matter of opinion"
Mr.. kenly.-"You think, however, this report is
correct ?"
Witness.-''As correct as they usually are."
Mr.. kenly.-''Well, Mr.. Hanna, did Mrs. Fischer
testify at the coroners inquest according to this
printed testimony?'
The Court.-"'That is not evidence; the witness
q,
but he must swear from his recollection now what
said.'
Witness.-"Can't recolect anything that was
said on the coroner's inquest think the report is
correct; have recollection of what Mrs. Fischer
said there now"
The Court.-''Wel, if he can't swear now to
what was said then, but can only say he thinks the
report correct, it is not evidence"
Mr.. Kenly.-"Did you note down this evidence
in writing and where is the manuscript"
Witness-'l did; the manuscript must be on file
at the Sun Office
Mr.. Kenly to the Court-"Can not produce the
manuscript notes of this testimony before the ORC
ner, to be given as evidence here?'
The Court.-"lt would not be evidence any more
than the report in the paper.'
James Caulk, sworn.-Don't know Mr.. and Mrs.
flscher was not present at the curoner's inquest
when Mrs. Fischer was examined.
After this witness had been examined, Mr. Kenly
said that he confessed that this rebuttng testimony
had taken him by surprise He intended to show
by his witnesses that the Fischers had not stated
before the coroners jury what they had stated here
and wished to impeach them by the testimony of
gentlemen who had been there and taken down the
testimony. He asked if the Court would allow him
to summon the proprietor of a newspaper here and
have him that the notes of the evidence taken
at the inquest were correct
The Court said it would not admit such evidences;
but if the defence could procure any other testmo-
ny, by which it could attain its object it was will
ing to adjourn until next morning to allow time to
do so. 1t was most3 o'clock, and the Court was
gong to adjourn at ).
Mr.. Kenly then said he would close the case
The Court having expressed its intention of ad-
journiug at three o'clock, Mr.. Whitney and Mr..
kenly asked some time for consultation, in regard
to going before the jury.
After an interval of a few minutes, Mr.. Whitney
said that he would liked to have argued the case
upon the law, but there case set for trial
on Thursday, in which there had been some sixty
witnesses summoned, and the argument would
occupy the greater part of tomorrow, these wit
nesses would have to be discharged thereby caus-
the case without argument, trusting to the intei-
gence OF the jury for just verdict.
The indictment was then handed to the jury.
The foreman asked if the error in the indictment,
alleging the offence to have been committed the
18th, when it actually perpetrated the Goth,
should have any weight in their deliberations.
MIR. Whitney said it was immaterial, so that the
date prior to the finding of the indictment. He
asked the Court if it would instruct the jury to
that effect.
The Court said it would not instruct them at this
time about it. If there was motion for a new
trial made on that point, it would hear the argu-
ments on the law pro and con.
The Jury were then put in charge of the bailiffs.
Mr.. Whitney asked the Court if it would not
meet again either at or o'clock to receive the
verdict.
The Court would not consent to do so.
Permission was granted the Jury to have refresh
ments by consent of counsel. They then retired.
Court adjourned until this morning at 10 O'Clock
The case of Thomas Diven, charged with an as
taken up this morning.
SUPERIOR CoURT.-Hon. H. Collins Lee Judge
The following business occupied the Court yester.
day.
Henry Carr and others US. Levin A. Colbert Be
0iptf for nj for