The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-11-02
EXAUINA TCN IN RELATION TO THE
SHOOTING or f. SCHAF FFER

DHO'fINT OF r. NtHAFFEH.
Yesterday afternoon the examination of the par.
ties implicated in the shooting aray, took place ir
the Mayors Office acting Mayor Spicer presiding
Three parties arrested being concerned in the
act, namely, Samuel Street, Richard Duff and
James Roach.
The only witness examined was Adam Martin.
residing at No. GG5 Pennsylvania avenue, who be-
ing sworn. responded-That SchtfIer aud he start
ed from Pennsy lvania avenue Monday afternoon
to be present at the meeting in the Square and on
the way they both drank pretty fTeely after re-
naming at the meeting short time thev proceeded
to Frederick street, where they went into tavern
and had more liquor, witness generally taking
segars; after leaving Frederick street they had
more liquor IN tayette street and witness begin
ming to feel its effects went out to the door; Will
standing there of the prisoners Samuel
Street. Identified up and accOsted witness;
Street ultimately invited him in to drink; leaving
Street in the tavern Schafer and witness proceeded
towards Baltimore street, in order to get convey
| ance home; whilst in Frederick street, on their
way to Baltimore street Street came up to Schafer
| and used some abusive language, upon which wit
ness lnterposed; Schatler and witness then went
into the omnibus opposite the San building for the
purpose of going home, but they had scarce
lv gone into it when Street came to the door
OF the coach, and witness apprehendng harm,
went out, and Street off, pursued down
! South street by witness. In the interim.
Schaefer left the omnibus waiting until the arriv |
of witness, when they both started for home They
had not proceed farther than Mr.. Smiths tobacco
store Baltimore street, near Calvert when Street
came running up and said, 'There is tn son of
bitch, that is the man, shoot him." and being in
terrogated about the words "'shOot him. witness
could not be positively of that expression, bu
he sure Street the man who followed them.
| When Schaetfer was shot, witness had him by the
arm.
Cross examined by Mr.. MAGRUDER-Street talked
! friedly to witness. Three men kept watching
Schaelfer and him. When Street came up TO the
| hn nFl1Itl hn,I al into
didinot him draw anything out of it, 1t was
! dark when the shooting took place.
! z. How could you recognize Street ifit was
| dark?
Irecognized him from the light thrown out from
| the windows, and identify him by his having on
| light clothes and high hat. There were four or
| five present besides Street when the act was COM
mitted, but he was in advance. Heard some one
say ''shoot him" Thought it was Street said So as
| he imagined he could recognize his voice. The
shooting took place immediately after those words
were uttered Witness never knew Street before
Yesterday, and the prisoner spoke friendly to him.
He could not say that Street fired the pistol but
the best ofhs knowledge was Street who said hoot
him" Street was only about two yards from them
| when the shot fred witness and Schaffer were
! both standing at the time.
There being evidence to implicate the other
prisoners, their counsel asked for their discharge,
| which was granted
Nj. .Pnkney said in the case of Street it mattered
not whether he fired the shot or not, all came
|
those parties the act of all There was no ne
cessity the part of the State to prove who fired
! the pistol because there was malice intended on
! the part of those following him. Although it
should be proved that the prisoner did not fire the
shot, he would still be guilty in the second degree.
Street was ultimately committed without bail, until
the nature of the injuries Schaffer had sustained
could be fully known.
SPECIAL SESSION or THE CITY co OUNCIL
| First BraRch.-Present, Mr.. Balm, acting Presi-
! dent, and all the members except Mr.. Spcer, who
! is acting Mayor Of the City.
A special message was received from the Mayor
and on motion of Mr.. Talbot the Second Branch
was invited into Convention.
| A message received from the Second Branch
proposing that when the Council ad iourn this even
! ing, it adjourn until Monday next at o'clock. -
| Coneurred in.
Mr.. Mace offered a resolution authorizing the
Chief Clerk to furnish the reporters with the usua
stationery.
Mr.. Balm offered a resolution directing the CITY
Commissioner to place a gas lamp at the corner Of
Scott and Columbia streets. Referred to the City
Commissioner.
Mr.. BLACKBURN presented memorial from C.
Sidney Norris, asking that he may be admitted to
the Council as the member from the Twentieth
Ward.
Mr.. CALLS moved to lay it on the table
Mr.. EVANS offered an amendment to refer the
memorial to the Committee on Elections.
The Branch then adjourned until next Monday
evening at o'clock.
SECOND BRANoH-Branch met pursuant to ad
journment.
On motion of Mr. Cook, Mr. Cathcart was unani-
mOusly called to the chair.
All the members present except VIM. Nc
Phail, Esq, President and Mr.. SeweH.
On motion ofMr. Cook, message was sent to the
First Branch, proposing that when the Councils ad-
journ this evening they stand adjourned until Mon
day afternoon at O'Clock.
committee from the First Branch appeared and
invited this Branch into convention on sealed
communication from the Mayor.
After the return of the members to the Chamber,
Mr.. MCCoMAs moved that the Branch proceed to
elect President to preside the deliberations
of the body during the indisposition of Mr. Nc
Phail. Adopted.
Mr.. McCoMAs nominated Mr.. Taylor, and Mr..
Van Nostrand nominated Mr. Ellicott for the office
of President pro tenn
| Mr. ELLIcoTr respectfully declined the nomina-
| tion.
Mr.. Taylor being the only name before the
Branch, he was unanimously elected chairman.
The Branch then adjourned until Monday after
! A mass meeting of the citizens of Montgomery,