The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-01-07


night of the murder him first the
of Green and Baltimore Streets witness was on the north
corner officer Rgdon and Stnchcomb here they
We're standing there before Crops up Crops
maned there about minutes; Cropps then crossed
over and went towards Ameys; Corre with Crops;
ey came from towards Pearl street. about ten minutes
after they down and Cherrys; they stad
mere about hve minutes and came ont and went towards
louds they came out and went towards Green street,
they crossed Green street and went down Baltimore
towards Blanks them about Is minutes after; wit
ness was standing at the place Crops and Corre
came up and something was said about Gambris case
don don know whether Crops or Corre spoke about it,
Crops struck Geddes and Geddes told him lie would hit
hm Crops drew large pistol, horse pistol; witness
don't think he would know the pistol officer
Brown and Rigdon passed; Conie asked that Rig
dom Hilbert said that officer Rigdon; Corre then
over to the corner and wsted for Cropps Crops
then left and followed after Rgdon Cropps followed Rigon
as far as witness could followed the 9th
side about 25 minutes after this the shot
fired witness then the corner witness saw Core in
the watch house after they arrested him; after the shot
was fired witness went to Rigdon's house, witness left
kgdon's when Corrie was arrested witness the
station house ahead of the crowd; witness Of
the station house and went Cherys corner there
about 25 minutes; again Crops pass him and go
down Baltimore street. going east; Crops in compa
ny with young man called "ktty Chambers" Cham
bers was dressed in dark clothes with white hndker-
chef tied around his neck Chambers much smaller
! than Crops; did not see Crops at Rgdon's house
Cross examined by Mr. Whyte-Witness heard the
shot about % minutes after Rigdon passed Cherrys
ner Rgdon was some two three doors below Green
street when Crops started down: witness thinks it
officer Brown with Rigdon witness don't know who Gem
menced the conversation about Gambr; Crops did
say anything about Gambrills case; Gamb not in
hablt coming about that neighborhood;
Rgdon and Crops together before that night Crops
usually about the corner in the neighbohood in the
ing did not see Crops Corre into Amy' they
in that direction don't know whether there any
macy between Gambrill and Crops; knows where
Drllls father and mother lived; it on the
Pine and George Streets did not know Gamb personality
Gambrifs companions fequented the neighborhood of
| Franklin and Eutaw seeets.
By Mr. Machen.-Never saw Cropps and Corrie to
gether before in that neighborhood after heard
Immediately ran down to Rigdons house. witness first
knew of Rgdon's death when he went to Rigdons house.
and saw him dead.
By Mr. Whyte-several others into Rigdon's house.
there they must have in before Witness
much excitement then; much screaming and hallooing
| among the women.
| By Mr.. Gittings.-It very loud report; not as
| sharp as the reports witness heard afterwards
Milton Whitney. sworn-Am prosecuting attorney for
the city of Baltimore: conducted the prosecution the
case of the State Henry Gambrl tried murder
or oihcer Benton Rigdon was murdered on the night
when the verdict in Gambris case was rendered. witness
first heard of Rigdons death the morning after that YER
dcs was rendered. Rigdon witness in that case on
the part of the State; the verdict rendered bv the
jury IN that case was, Guilty of murder in the first
| gree"
Mr.. Cuttings here proposed to ask Mr. Whitney what
was the evidence given by Rigdon in Gambrils case
Mr.. Whyte opposed the proposition and submitted to
the Court that such evidence not be admitted
Mr. Cuttings said the State wanted by this show the
zeal manifested by Crops in the trial of Gambrll and
the effect produced Crops by the evidence given by
klgdon, and contended that the State had light show
this as an independent fact in this case whether Rgdons
testimony true false; by this the Jury could infer
what feelings possessed Marion Crops towards Rgdon
after the result of the trial Gambrs case was known
Mr.. Machen"May it please the Court We wish to show
between Gambrill md
the manner in which the prisoner interested in that
trial."
M, Mr. Mschen read from Roscoe e5 contended
that under that decision the State have the ey
dence in Gambrlls reiterated in this cause in order
to show the connection between Gambrill and the prison
err and thereby show the by which prisoner was
lead to commit the act for which he is charged.
Mr. Whyte responded and contended that as the prs-
oner had no connection with the result of the trial
Gambrill the evidence in that should not be ad
missible in this issue He had objection to the wit
testifvng that Rigdon was witness and that Gam
EraenIa
and contended that as the prisoner party
sue in that cause the evidence should Jury
or IL IS not evidence at least in where prisoners
life is in jeopardy.
Judge Price remarked that in all cases where there 10
legal doubt it has been his to give the prisoner
the benefit of that doubt this case there is in his
opinion no doubt and would rule that the evidence as
elected to the jury but the State would bound to
follow it up and make the connections of evidence
Milton Whitney, recalled.-In Gambrilrs case Rgdon
testified that he was police officer of tie city, that on
the night of the murder of Benton he called to the
house of Mrs. Green, Bddle street. where disturb,
ance had taken places that named Isenhart got into
the house, that lsenhart arrested by himself and 9th
er officers and that attempt made to rescue sen
Una, one pavo ouck was one OF the party who at
Inc rescue that he gdonl let go senhart and
with officer Benton arrested Houck that while they
conveying Houck towards the house and when on
the corner OF pennsylvania avenue and Bdde street.
Henry Gambrill ran and pointing pistol close to
Bentons head, fired, the shot causing fatal wound
from which Benton expired in few minutes fThe evi
dence of Mr. Whitney here substance the same as
Rigdon's testimony during the trial of Gambr,
BY Mr.. Whyte.-As far witness can rccollect the
verdict was given in Gambrs little six
o'clock; it was dark evening think rainy; after the
verdict was rendered witness got into carriage and
went homes witness did not notice Crops in the Court
room during the trial of Gambr would not have known
him if he had seen him.
Officer Brown sworn-Was with Riodon IN tba nibt
OF the murder; went with him after roll call from the
station house to Rgdon's house, generally
we went down Green street to Baltimore street. saw
Crops and Corrie standing on the corner of ren an
Baltimore streets Cherry's corner; witness turned and
looked at them twice he was crossing Green street
went down towards Rgdon's house: when we cot tber
n rht and ritraCy
witness Crops and COrre that night Shipeys
tavern; witness asked Crops what they had with
in the first degree placed his hand on witness
shoulder and said ''Haoo' Crops said you don know
that man. Corrie said took you to another man bep
pardon' witness said all right Corrie was in LIQUOR
witness then passed on to the station house; witness
knows nothing more about the case
Cross-examined by Mr.. Whyte There were two or |
three others standing on Chcrrys corner with
shawl on Crops answered witness civy asked
Crops about Gambrill was good deal of eyciie
ment town about the Gambril case; Shpeys is east
of Cudneys, the side of Baltimore street; knew
Crops before that night have seen him pretty often
about that neghborhood had Corre frequently be-
fore that night had not Core and Crops together
before that night witness don't think ever saw Corrie
before in that neighborbood
By Mr. Gittings-Knew Crops before that time wit
turned second time towards Crops and Core on
Cherrys
Gilbert H. Bryson sworn.-Am surveyor of Baltimore
city, witness prepared these pats pats shown Witness;
every thing on the plat made by me- all the objects
were located by witness except lamp post corner
Of Pine and Raborg streets and of the windows
Mr. Glthngs they were made by sworn assistant of wit
ness [another plat shown that is plat larger scale
OF the ground plan of Rigdon's house. showing the en-
trance from Raborg street. it is 46 from the west wall
of Cudney's tavern to the awning post where Cropps
crouched down. and about GO feet Cudneys to where
the ocers were when some of the witnesses Crops
erouching down. the lamp post where Crops was six
feet from the awning post.
Officer Dearing, sworn.-Recollect the NIGHT of the
murder saw Rgdon at the station house that night wit
started from the station house five minutes after
Rgdon; witness went down Green street to Baltimore
then Crops and Corre Crops on the flag stones
just crossing Green street. Crops went down Balti
and witness him. Crops looked behind
several times which made witness notice him: Crops
went to Rigdons house Crops then stopped in front
of the house and looked near the lamp post in
front of the house; when witness came along Cropps
turned and put his hands back of his head; he
then towards Baltimore street witness then went
home; resides in Poppleton near Lombard street.
Crops about thirty yards in front witness when
going along Baltimore street. did not see Rigdon again
after roll CALL Corre before when witness
passed Crops he about three feet from Witness wit
not in uniform he substitute officer at that
time; witness had his star on at that time
Cross examined by Mr. White.-Witness had on his |
star he was off duty; thinks Crops on a drab cap
don't know the other who standing on Cher
rys corner have known Crops three four years. have
seen him about there good DEAL did not notice ybody
on the other side of the street; would have
Crops if he had not kept looking back witness was not
examined before the Mayor Grand Jury.
By Mr. Gttings.-Cropps knew witness well wit
ness knew Crops the lamp was lit at that time; there
was shadow under the lamp witness did see Crops
face then; his back towards witness; it was not
very dark night; knows it raining man named
Miller with Witness Miller a substitute officer
the lamps lit that night witness has no doubt but
that the man he Crops.
BY Mr. Whyte--lie turned around so witness could
part of his face.
By Juror.-Witness enough of his face to know
it TO be Crops.
Thomas Kennard, sworn-Live at No 80 Schroeder
street. clerk in the Office Of the Superior Court have
known the prisoner at the bar three years;
c-ect the night of Rgdon's murder Friday
evening, November the 5th at about O'Clock that night
two young the corner, .al1ed Geddes and
Smith; witness spoke to them anu PASSED Balti-
Dast
dons house, witness aeellar door, this man
spoke to witness; witness said Good evening"" the man
then beckoned to witness, and witness stepped up him
and asked him what he wanted; he then asked witness
he had so-and so that day witness know who
he asked about witness then stepped asde turned
and Marion Crops leaning against an awning |
post, Rgdon's; Crops up and struck wit
in the breast Crops said "They have convicted
Gambr; his friends say what they will do but | !
will omore than any of them I'll go in the Court when
they bring him out to sentence him, and take him
the box Corre then spoke said ''No by Cd they
ought not to talk that that the many
reports get about; witness then stepped the cellar
door, and Crops asked witness to give him quarter
witness told him he had none Crops then asked wit
go in Bob Rgdon house and tell him come out
there witness asked him what he wanted with Rigdon
Crops told witness mind go in and tell Rigdon
to out Corrie then said, You go and tell him to
out the pavement witness round to look
at Corre when Crops put pistol under witness chin
and commenced to laugh witness pushed the pistol away
with his arm and told Crops to watch out what he
doing that Rgdon not in the house and that if they
wanted Rgdon they had better go the house
his beat to see him. Crops said mo he wasn't he
in the house talking old Butts,n and told
witness to go and tell him to out; witness then
crossed the pavement to four five feet from Rigdons
1T