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

DuVail nred II; witness saw man behind Lemon
whom she suspicioned to be Duvall; witness
Fischer run when the first shot was fired; Fischer
then said he was shot; this was Immediately after
the first shot; there several shots fired from
the crowd; witness ran as soon as she heard the
shot; witness went to Fischer's about o'clock;
there no disorder there that night; Lemon
in and pushed Mrs. Fischer aside, and said he
had right to come i'll, that he was police.
Mr.. Whitney.-"Descrbe the manner of Lem
when he came in."
Mr.. Kenly-Objected to the testimony.
The Court ruled it admissible.
Witness resumed.-Lemon pushed Mrs. Fisch-
er, and then cried out, Boys come in; witness
saw Duyall come in but did not see him shoot
Cross-examined by Mr.. Kenly.-IIad been at the
house since eight o'clock, and stad there all night
till five o'clock; was afraid to go home; witness
was in the back room all the time.
Mary Penn Smith, sworn.-Was at Fischer's
when the shooting took place; saw Lemon come in
first and Harry Duvall next; heard Lemon say he
had a right to come in, and saw him push Mrs
Fischer and curse her; witness Harry Duvall
draw pistol and she ran into the yard; she was in
the yard when she heard the shot; soon after this
witness saw Christian Fischer come into the yard
and get over the fence; witness heard two three
shots before Fischer came into the yard knew Du-
vail for right smart time; there were no disturb
ances at Fischers that night; witness lives about
square from Fischer's don't know John Siglefous;
only saw Duvall with pistol.
Gross ss-examined by Mr.. Keny-Witness was in
the back room, and as soon as she Harry Du-
or three shots fired while in the yard; witness only
saw two come into the house whom she knew; they
were Lemon and Duvall; witness had been in the
house since O'Clock; witness had not thrown any
dice, her turn had not come then; don't know
how many persons were there; witness knew
Harry Duvall; she spoke to him before this
night; some young lady made witness acquainted
with him; the bar is in the front room; wit
ness don't know what was sold in the store.
BY Mr.. Whitney.-When you enter the Howard
street door you straht tod to the middle dor doc
tire of the wall.
George c. Grice, sworn.-Was in the front store
when Lemon came in; saw Duvall; know him; am
not certain if Duvall or Sgefous came in second;
witness was struck and knocked down; got up and
started to run and was either tripped up or STUN
bled; witness fell on his hands and knees and then
he heard pistol shot; he heard the second shot
when be ran into the back room; witness ran into
the yard and saw Fischer come out and say he was
shot; witness knew Duvall about seven months
witness was standing on the left of Lemon when he
was struck.
Cross-examined by Mr.. Kenly-Witness had been
there about ten minutes; there five others
came in with witness; witness did not know any
one with Lemon but Duvall and Siglefous; witness
knows Raznors' house; was there that night heard
music up stairs but did not 90 up; got drink in
Raynors and went to Fischer's went there to dance
and look on; some colored people had dance in
Montgomery street that night; witness drank at
Fischer's that night; drank port wine; witness did
not see any railing; witness had no fire arms ex-
posed there that night; there were none of those
who were with witness had arms exposed; witness
had been at Fischer's two or three times be(ore
there were Phil. Wareheim, Peter 'Schuman, Phil
Zerwick, Alexander Milroy and George Elmer with
witness; saw no difficulty between Schuman and
Fischer; did not dance at Fischers; did not 90 to
the negro dance.
Judge Stump.-"The witness need not answer
such questions if he does not wish; he needn't tell
whether he dances with niggers or not"
Witness continued.-There some twelve or
fifteen EiScher's five Si
women; drank once in Fischer's.
BY Mr.. Whitney.-When we went to Fischer's
the first time we went into the back room the raf-
f1e had not commenced then; berwick danced Jig
there.
BY Juror.-The door was not fastened when
witness and his party went in.
1t was now quarter past two O'Clock, and Mr.
Whitney announced that the State had closed. eX-
cept for rebutting testimony.
Judge Stump said if the State had closed, he
would adjourn until ten o'clock the following morn
ing.
sttlngs, we are willing to sit during the whole of
daylight"
Mr.. Whitney.-'G am willing to continue the
session-am anxious to do So"
Mr.. enly-"And so am l. would prefer to go
on
Judge Stump.-''Yes, but am going to adjourn
now"
The Jurors asked if they would be allowed to
read the papers, The counsel for the State and de-
objections; the Court of Appeals, however, were
getting so particular, they might object to it.
The Court adjourned until this morning at ten
o'clock.
SUPERIOR CoURT.-Hon. z. Collins Lee, Judge
The following business occupied the Court yester-
day.
Benjamin H. Hutton and James Bernhard u.s. Rob
ert w. Dryden, garnishee of Richard L. Hatch,
an attachment on warrant Verdict for plaintiffs
on first issue for S. second issue for S5O3
81. Dobbn and Talbot for plaintiffs, Pitts for de-
fendant.
Loney and others Us. Bevan and Others Before
reported. Verdict for plaintiffs for S2,54G20.
Henry r. Robbins Samuel NJ Shoemaker
Verdict for plaintiff for $3.50. j. Stewart for
plaintiff. Hugh S. Bond for defendant.
Henry Carr and others Levin A. Colbert. ,Ju-
~ sworn. J. d. Smith for plaintiff, T. Yates
Walsh for defendant.
Assignment for to-day 527 to SIC.
CoURT OF COMMON PLEAs.-Hon. VIM. l.. Mar
shall, Judge. The following cases occupied the
Court yesterday:
Philip Smith Us. Joseph Crisp. An appeal from
Justice Welsh. Judgment reversed.
John Kreh Us. William Wilson. An appeal from
Justice Showacre. Not concluded.
The Pierce Building Association Harriet Ingles.
An appeal from Justice Ridgely. Judgment rever-
sed and judgment for appellee for S66.3l and