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

ner dressed himself in unform heard his family
was threatened and moved them to his mother,
house; went to the 9Th ward polls; only about q
persons were present; a crowd of men came from
the Sth ward polls to take the 5th did not see an
omnibus loaded with men; the street was black with
men coming from the Sth ward and the 5th ward
men made the best of it they could; posse of DO
lice came up GAY street and the Sth warders ran to
Jackson Hail. the police followed and when thev
came in sight of the Hall a swivel placed in the
street; Burns, (the prisoner,) and man named
Fossett were in the act of firing it off; Grady and
Others had guns or rifles firing at the police; did
| not see Jourdan at the time he was shot.
By the Defence.-The fight commenced near the
Grey's armory; they the Sth warders) commenced
! lighting among themselves; did not hear any firing
! at the armory the Sth warders came in crowds
! fourishing their and hallooing "Oh! YOU sth
warders, Limerick, &C." thinks that pretty good
sign OF riot; and witness is sure they came to
take the 9th ward polls; caught Grady in his house;
found no arms in his house; but found three gums
and keg of nails in Jackson Hall; did not see a
party either at Jackson Hall or the 5th ward polls
| dressed in red shirts; when the riot commenced
witness did not recognize any of the prisoners did
not see any women or children in the street; saw no
| person beaten at the 5th ward polls; at the time
Jourdan was shot, witness took man to the watch
house; does not know his name, but he was not ga
| Patrick arrested him for being drunk and dis
orderly; the man had not been beaten; when Lieu
tenant Wright came up Hien street with his posse
OF officers, and another posse of officers coming
up Gay street. the Sth warders rereated to jackson
Hall; when the rioters first came to the fifth ward
the officers beckoned them to go back they stood
for few moments, from three to five minutes, par
syg EhSn VI h Hall
ers had nearly all fed; the police were armed
with muskets, loaded with blank cartridges of
powder; did not John Claggett at the
Hall, but saw Grady shooting around the
corner; he might have had crooked gun, made
for the purpose of shooting round corners witness
does not know how Grady dressed; saw no
omnibusses come to the 5th ward polls; does not
thn iahl
the "Rough Skins" does not know the peaceable
'Babes, of the 4th ward; did not see the red shirt
gentry at the 5th ward and knows none of the
crowd.
ward, they were halloong "Oh! YOU Sth warders
Limerick, &C.; heard no halloong at Jackson Hail.
ran Grady to house Exeter street, where he
was arrested.
By Juror.-The cartridge in witness gun was
about two inches in length.
| officer Rutherford, sworn.-Was on the reserve
at the station got news that riot prevailing
IN the 9th ward; one posse of officers started up
HIllen and another up Gay street; men run
ming in the direction of Jackson Hail. they fired at
the officers and Jourdan shot; saw Grady fire
two shots-one about half minute before Jourdan
received his wound; Grady leaned against pump
and took deliberate aim; knows him well, and has
had dealing with him.
By the Defence.-At the time Jourdan was shot
he was in the act of pulling a man round the cor
ner, to keep him from being shot; witness at the
posite corner; knows where Lefferman's alley is,
but did not look in that direction.
AT this stage of the cross-examination the wit
ness appeared to be somewhat excited.
Mr.. Preston.-''Pl stop to let you draw breath"
Witness-1 have plenty Of breath to answer
your questions, sir.'
Mr.. Preston-"Take drink of water, it may
probably help you"
Witness-''O no. sir, | thank you'
Henry Deale's testimony-Mr. Carr objected to
this witness the grounds that the witness does not
believe in Supreme Being, nor future rewards and
punishments.
The witness replied that he does believe in Su-
preme Being.
Mr.. Carr remarked that he would prove by other
testimony that he said he did not believe in a
God.
The witness was turned down to give way to Off
Ger Carmichael, who had been previously called
and not answering.
By the Stakeholder CarmichaePs testimony
Was with Jourdan when he was shot and took him
to a drug store where he died.
By the Defence.-AbOut 10 o'clock witness went
to the Eighth ward polls Jackson Hall and the
Fifth ward polls, then went to the station house,
and about u o'clock the officers had ''snack' it
was composed of crackers and cheese; did not take
anything to drink except probably little water;
at the time Jourdan shot there was little or no
firing except the shot that killed him; did not look
around the corner where the shots came from and
cannot recognize any of the prisoners at the COM
mencement of the riot the Fifth ward men fired at
the Eighth ward men; they both firing rap,
| idly.
Henry Deal, re-called.-Mr Carr arose and said
he withdrew the objection to this witness, as he
could not prove his infdelity. The witness then
proceeded follows:
Was at the station-house, and went with the Off
GERS to Jackson HALL the firing was & equal IA to yf9h f9Et
was shot; saw Grady aud Fossett in the crowd;
also saw Burns in the attitude of firing off swivel,
and witness fired musket at him, thinking that if
the swivel was discharged all would be killed.
By the Defence.-Jourdan was the only officer
who turned the corner of French street; however,
before he did so a drunken man who accompanied
the officers stepped out French street and threw
up his arms and shouted; pistol-ball could have
killed officer from Letferman's aey, but no shots
came from that direction; Jourdan's wound was in
tcted in the left side of the abdomen; witness does
not know what the crackers and liquors have to do
with the murder, but he partook of them in the
stationhouse; after witness fired at Burns, he re-
loaded with a ball-cartridge and fired at Muir
ray; both of the shots missed; one of the
other officers gave witness the bal-cartridge;
Burns was not throwing up. his hands beckoning
the police not to fire, but was in the act of firing
the swivel; witness did not accuse Fossett in the
station house of attempting to fire the swivel and
did not say he would lay a charge to that effect.
By the State-After Jourdans death witness
fired; had no gun before that time; after the death
of Jourdan witness went to the station house and
got gun and returned.
By the Defence-Saw Claggett; thinks he had a
stick in his hand; does not think it was a bobtal
gun; did not hear the Marshal tell him to be quiet
at the 5th ward polls; saw Henry Fossett and re-
marked to him that he would go to dinner; when he
got far the corner of High and Hillen Streets
met Ward, Riley and Quinn, told them not to make
any disturbance; one of them said ego to he"
witness thought it use to try to arrest them
and passed on to his house, a few doors from the
corner; as he got to the steps saw a crowd
come running down French street and the firing
commenced; witness was confined in his house
until after the police took Jackson Hall; when the
police first came up they had guns; Jourdan was
shot and then they went away ana returned with
muskets.
BY the Defence.-All witness saw Ward, Kelley,
and Quinn do before the firing commenced was to
push some little children out of their way, but
would have arrested the parties for insulting him
in the street, disturbance took place at the Fifth
ward polls, but no shots fired; there was one ON
nibus load of men at the Fifth ward during the
fight no person was knocked down; did not tell
Patrick Fitzpatrick any other man that he was
not present at the Jackson Hall riot; when witness
left the polls at the Fifth ward to go to dine, the
omnibus was in the act of tnrning to go away; did
not see whether it went in the direction of the
Eighth ward polls or not; Delcher left the Eighth
ward and came to the corner of High and Hillen;
did not tell Ward to put the children back, that
fight was about to take place, but told him to go
back and not make disturbance about one
hundred yards from the omnibus, and could not
recognize the men; Ward, Reiley, Quinn and 9TH
ers reside in the 8th ward, and never frequent the
corner of High and Hillen streets; heard some per-
say at the 5th ward polls, ''lets go after the
Sth warders;" thinks it was Samuel Eley, but is
not certain; previous to this Sth warder named
Delcher, got into difficulty at the 5th ward polls;
about ten minutes after Eley sad ets go after the
sth warders," witness lot of men leave for the
Sth ward polls, and witness went to dine.
The Court here took recess Of three quarters of
an hour.
EVENING SESSION.
Miss Ann Colts, sworn.-Saw a lot of men on the
corner of High and Hien streets; they were max
ing up plot take Firth ward polls Kelley, the
prisoner, was one of them, and asked man if he
had pistol; he replied yes, and Kelley asked the
to give it to him. then he asked all the rest il
they were armed, and they replied they were; then
Delcher came up and said eve will shoot the police
| frst and then we can take the polls;" omnibus
came from the Fifth ward and the all together,
said to witness and other children "stand out the
way we are about to fire." witness went into her
parents house and the firing commenced; Quinn
was also on the corner with Kelley, Delcher and
others; they all talking together; they came
down from French street.
By the Defence-Wtness resides next door to
Mr.. MITCHELL the last witness; he did not tell wit
ness what to swear to, but took her before the
! Grand Jury.
| Miss Hains, sworn, by the State.-Saw Reiley
and others the of High and Hllen streets;
they were making plot to take the 5th ward polls;
Delcher came up to the crowd and said, "there is
omnibus load of Plugs at the 5th ward, we
will have no show to go there, let's stand on the
corner and shoot them as they pass by"
The remainder of this witness testimony was the
same as that of Miss Gott.
| Robert Mitchell, sworn.-knows the day when
Jourdan was killed; was at dnner heard the firing
and looked out; Grady, Burns, Fossett and
Ward firing towards the corner of French street.
witness was behind them and saw Grady stoop and
take dead aim; they would fire and then go into