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

CRIMINAL CoURT.-Hon. Henry Stump, Judge
Milton Whitney, Esq, States Attorney, Prose
ting.
State Us. Henry Duvall, indicted Jointly with
John Lemon and John Sigletous, for the murder, on
the night of the eighteenth day of September last
OF Christian Fischer, by shooting him with pistol
lnticting a wound on the right side of the breast
of said Fischer, of the width of half an inch and of
the depth of three inches of which wound, he, the
said Fischer, instantly died. j. R. Kenley, ESQ,
appears for the defence.
On the opening of the Court yesterday morning,
the jury selected to try this traverser were sworn
and charged by Mr.. Gardner, the Clerk of the
Court
The following is correct list of the jurors:
Jonathan Ii. Ellicott, Richard Fonder, Nathan T.
Dushane, Sylvester Sanner, Durus Carter, James
B. Lppincott; George r. Hyland Charles Finday,
Samuel Ayers William Simms, Benjamin H. Eli
colt, Robert G. Rieman.
After the charging of the jury, Mr.. Kenly arose,
and said that the indictment charged Henry Du-
vail with having committed the feonious assault
upon the 18th day of September whereas there was
no assault committed at that time. Mr.. Kenly sub
mtted that the traverser could not be tried the
Indictment.
Mr.. Whitney said the objection was immaterial
as it was only necessary that the offence should be
cited to have been committed previous to the find
ing of the indictment. The State was prepared
to go to trial on the indictment as it was
The names OF the witnesses for the State were
then called.
Mr. Whitney then addressed the Jury upon the
matter at issue as related in the indictment; ex-
planned and defined the different grades of murder
as set forth in the act of assembly of 1909 and sta
ted the facts which the State expected to prove and
upon which they looked for verdict of guilty of
murder in the first degree
MIR. kenly remarked he had nothing to say at
this stage OF the proceedings.
The State then called the following witness:
Gottleib Fischer, sworn-Reside in south Paca
street, in September last resided corner of How
ard and Montgomery streets; kept grocery store;
Christian Fischer was witness brother witness was
at home when his brother came to his death; it was
on the 10th of Sept, between IL and II O'Clock at
night; on that night witness was standing in the
store; the store is in front of the house, witness
wife was at the door, and police officer Thomas was
outside saying something to her; witness wife then
fastened the door; witness had party at his house
that night; witness brother lived with him; after
the door was fastened John Lemon came and
knocked at the door; Lemon told witness wife
that he was a police officer; wife told him
they did not want any officers there; Lemon
then said he must come in, and pushed the door
open and showed witness wife against Witness when
Lemon came in he cried "come on boys;" Duvall
then came in and drew pistol; Duvall was stand
ing on the left side of the store; Duva fired ps-
tol and witness brother exclaimed he was shot, and
Immediately ran out and went over the fence to 90
for the doctor he was shortly brought back to
witness house board and soon after died: wit
ness did not know Duvall at that time; witness had
seen him before in witness shop; there were two
shots fred after the first shot witness brother ex-
claimed that he shot; the second shot was fired
alter witness brother out; did not know any
others who came there but Lemon and Duvall;
knew Duvall by sight.
Cross-examined by Mr.. Kenlev.-Witness got out
license for grocery store witness brother had
rattle that night; he was raflng a breastpin and
ear rings; there was money paid in witness house
for the chances witness don't know how many per-
sons were there; there was one and some
girls; witness wife was the woman: there were
about four girls there's witness keeps LIQUOR in his
house and took out license to sell liquor; none
that lluht. what Woc ccnlJ b,,+ |,
the store is about twelve feet wde know of house
Kept by person named Razors on Sharp street: wit,
ness did not see any woman come from Razors' to
his house; the women were all down stairs the raf-
Hing was In the back room; there was a couple of
men sitting the bench in the front room when
Lemon came in; there We're no men came in the
house that night with firearms before Lemon
and Duvall came in: one of the men in the
room witness thinks was George Grice: witness
can't tell the names of all who were present;
he can name some of them, CHS. Fischer Martin
kerl, John Torhl, Phil. Wareheim, Mary Smith,
Catharlne Easter, Mr. and Mrs. Freddie and Daniel
Schafer were there there were more beside
these; don't know how many; the room was not
full; the people came in about o'clock; the door
was kept closed but not locked; witness stood at
the door himself; witness did not let Lemon in:
Lemon came in HIMSELF he pushed the door open;
when Lemon came up he raped at the door: wit
ness wife said she did not want any officer when
she did want him she would send for him. witness
had no door-keeper; witness was examined before
the coroner, at the Southern district watch house
the next day after the shooting: witness was asked
before the coroner if he knew who fired the shot:
witness said then that Duva fired the shot and
says so now; two girls told witness Duvalrs name
Mary Smith and Catharine Easter, and another orl
also told it to him; don't know who it was have
heard Catharne Easter called Catharine OYSTER;
Catharlne Easter was down stairs in the back room
when the shot fired don't recoect if there
was coored ball that night in the neighborhood:
there might have been coored persons there that
night; colored women were always going in and
tnfth thn Cfnr ,1l
to his brother that night the parties drank some of
it; don't know when Catharine Easter came in;
witness took chances in the rattle, and drank some
beer and brandy.
Mr.. kenly.-"What did you pay for the BRAN
dy?"
Mr.. Whitney-"I object to this as irrelevant
The Court thought the question might be asked
although it had nothing to do with the case
Witness continued.-Pad three-quarters gal-
lon for the brandy; Mary Lentz was in the house
too these girls were often in witness house; Catha-
rlne Easter was often in witness house; young men
were in the habit of coming to witness house
Mr.. Kenly.-"Did they come there for any other
purpose than drinking?'
Mr.. Whitney.-'I object to this
Mr.. kenly.-"l want to impeach this witness and
| think can do it."
The Court sustained the objection.
Witness continued.-Witness closed the house
about clock; persons came in after that; don't
know who they were; some coored people came in;
don't know how manv.
By Mr.. Whitney-Witness works out. and his
wife takes charge of the store; witness was only
home at night; Catharine Easter lives in the
nelghborhood; witness paid rs cents gallon for
the brandy; witness did not put any water in it;
witness supposes the man who sold it to him mt
enough of that in it.
By Juror-The front door was on Howard
street, and the side door on Montgomery street.
BY Mr.. Kenly-Witness said before the coroner
that this man fired the shot, but he did not know
his name.
Elizabeth Fischer, sworn-Am wife of Gottleib
Flscher; was present on the night of the shooting
John Lemon came to the door and wanted to come
in; witness told Lemon, she did not want him in;
Lemon said he must come in, and pushed the door
open and showed witness back and cursed her;
Duvail came In next; Duvall fired pistol; he was
standing about two feet from witness; there were
two shots fired; as the first shot was fired
Christian Fischer exclaimed, 81 am shot" he then
run out OF the room; witness was between deceased
and Duvall when he fired; have known Duvall
about two months; don't know who fired the Sc
cond shot.
Cross-examined by Mr.. Kenly-Was examined be-
fore the coroner; witness married TO Gottlieb
Fischer about four years ago, by Rev. Mr.. Dundoff:
have known Catharine Easter long time; Peter
Zervick was at the house, he was not employed by
witness as doorkeeper; can't say what time Ter
Vlck came there; witness paid Zervick nothing;
witness said before the coroner that Lemon came in
first, and then Duvall witness don't recoect if she
was asked there if she could recognize any one be-
sides Lemon; there were from twelve to fifteen men
with Lemon that night they did not all come n
witness said before the coroner that the room was
so full of smoke she could not distinguish any one:
witness went to the station-house the next morning
and saw John Lemon and George Grice witness
saw Duvall at the staton-house week after the
shooting; when Squire Boyd asked witness if she
recognized Duvall, she said that is the man; she
did not say that was the devil-wtness has no such
words as that in her mouth witness was not at
Razors' that night-don't know anything about
Razors-don't go to such places witness said before
the coroner that the man who fired the shot was
slim man, with long neck; she did not tell his
name, but she knew him by sight; her mind was
not made up then; there were ten to fifteen men in
the house:
By Mr.. Whitney.-The smoke did not interfere
with witness observation until after the first shot
was fred 1T was week after the shooting when
witness the prisoner.
By Mr.. Kenlv.-Witness did not say she did not
know who fired the shot, she said she did know.
Catharine Easter, sworn.-Resde in West street;
was at Fischer's the night Christian Fischer was
shot; was in the back room when the party came
in; know Duvall, have known him three months;
Lemon came in first and Duvall next; Duvall drew
pistol; witness the pistol in DuvalPs right
hand; witness screamed and turned and ran up
stairs; then heard the report of the pistol witness
could not tell exactly what kind of pistol it was:
Duvall was standing near the middle door; about
five minutes after witness Duvall with the pis-
tol the shot was fired the second shot was fred
up the steps from the back room; did not see Du-
vail fire the pistol; Miss Preidel was in the back
room.
DR.. Benson, sworn.-Witness' attention was call
ed that night by rapping at the door next his
residence; looked out the window and saw man
the steps; witness him fall off as if in
spasms; witness came down and recognized Fisch-