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

of Christian Fischer, by shooting him with a pistol
intcting wound on the right side of the breas
OF said Fischer, of the width OF half an inch and
the depth of three inches, of which wound he, tn,
said Fischer instantly died. ]. r. Kenly ESQ, an
pears for the defence.
On the opening of the Court Yesterday morning
the State called the following witnesses:
Officer Thomas sworn-Was a police officer in
September last; know where Fischer's house is: or
the night of the 10th September, about III O'Clock
saw crowd going up Howard street. on the east
side; went to Fischer's house and told them they
had better shut up, there might be spree there.
the crowd halted the southeast corner of Howard
and Montgomery street WHILE and then went
across the street to Fschers house. headed bv no
lice officer John Lemon; Lemon went to the door
and demanded admittance in the name of a noIicf
ofcer Lemon then went into the house and cried out
ceme on" he was followed by or 10 others; after
they got IN man was knocked down and watch was
cried; witness then rushed into the house but was
GRABBED by some persons and pushed out on the
paVement witness then sprung his rattle for assis
tance; after witness thrust out on the pave
ment two shots were fired in the house; there had
been no disturbance at Fischer's house before the
shooting; witness passed the house several times
during the night; the parties asked witness to keer
look out about there during the evening
Cross examined by Mr.. Kenly-W1tness was in
tlscher's house twice that night before the shoot
ing; the room was pretty full; witness did not sec
any Railing while he there; one of the family
requested witness to be about there in case there
should be spree; witness was asked into the house
to take g ASS of beer; there had been dancinU in
the house before witness went in; witness did not
see the prisoner at the house; did not know Duyal
Mr.. Whitney here stated that the State had clo
sed its case except for rebutting testimony
The evidence for the defence then commen
ced; the first witness called was James Hammil
who was sworn:-Am assistant clerk in the of
flee of the Clerk of the Court of Common Pleas.
Mr. kenly-"Did Gottleib Fischer take out a Ii
cense for selling liquor?"
Mr. Whtney-"I don't see what this has got tc
do with the | object a a irra nj
Mr. kenly-"l intended to impeach the witnes:
Fischer, and wish to show that what he stated on
the stand is untrue, and also that what he stated
about taking out license is not true. and will
commence with this witness"
The Court was of the opinion that the witnes:
could not be impeached in this manner; if a wit
ness is to be discredited, he must be discredted
on some point material to the matter at ISSUE that
is the general rule of law. The Court will not ad
nit this evidence.
Mr. kenly then called to the stand Thomas NJ
Gardner, Clerk of the Criminal Court who was
sworn. Before the witness examined, Mr..
kenly said he wanted to show that Gotteib Fischer
had been indicted for selling liquor without IL
cense.
Mr. Whitney.-"That has been ruled out once y
Judge Stump.-''The Court has decided that
question just now, the witness cannot be impeached
by such evidence
The witness retired
Mr.. Kenly.-'I wish to recall Gotteib Fischer to
the stand, to cross-examine him.
Mr.. Whitney of YOU put him on the stand Won
make him your own Witness"
Mr.. kenly.-'I would like to hear the Court
about that"
The Court was of opinion that if the defence put
the witness on the stand again they made him their
own witness.
Mr.. Kenly.-"Well, I'll examine him."
Gottleib Fischer, recalled.
Foreman of the Jury.-"The Jurors would like to
have this witness examined through an interpreter;
we think we do not perfectly understand his Ian
guage, and that he does not understand the oues.
tions of COUNSEL
Mr.. Kenly.-"WelI, won't examine him."
Captain Woods, sworn.-Witness knows Mr.. and
Mrs. Fischer when he sees them; saw them on the
stand Yesterday recolect the light of the shooting
OF Fischer; at the station house when the firing
TOOK place; went to the house of Fischer: there
was large crowd outside; witness, with other off
GERS, dispersed the crowd, and then went towards
the station-house; on the way found John Lemon
drunk and disOrdery, and took him to the station
house; after staying there while heard man had
been shot, and witness then went to Fischer's
house; went in, and saw the man living on the floor
dying; witness asked Mr. and Mrs Fischer if thew
could identity the parties who into the house:
they said, three men came in, of them was John
Lemon, and that the man who fired the pistol was
dressed in dark clothes, glazed cap, and had long
neck; they said they did not know the man who
fired the shot; they described HIM in that way to
witness, anG said they could not identify him;
witness was present when Mrs. Fischer was exam
lned before the coroner she stated there that the
who fired the shot was dressed in dark clothes
glazed cap, and long neck but she could not identi
fy him; the prisoner not arrested then; the
prisoner was arrested about a week afterwards;
witness don't think Mrs. Fischer said that the room
was so full of men that she could not turn around;
Mrs. Fischer testified there that when the men
came in she ran out in the yard and did not See who
fired the pistol the middle door in Fischers house
hef tafaa tfee Of whes th SSH newer i heard
Mrs. Fischer mention DuvalPs name once
Cross-examined by Mr.. Whitney-Fischer's
house is abOut 700 feet from tha sto
heard four five shots, and went in that direction
when witness heard the shots; went to the corner
where Fischer's house was, saw crowd there and
dispersed them: witness then went towards station
house and in going there heard noise on Sharp
street; went in the direction and found John Lemon
drunk and behaving disorderly; witness told Lemon
TO go home or go to the station house; witness
tooweG him to the station house; after this one or
two officers came to the station house and told wit
ness that man had been found in Hanover street
wounded and dying; witness then went to Fscher's
house and saw the man who was dying; at this
time the conversation took place about identifying
the man who fired the shot; when the Fischers
were examined before the coroner, Duvall had not
been arrested; Lemon had been arrested and den-
tined by the Fischers and committed to JAIL before
the coroner's inquest was held.
By Mr.. Kenly.-The Fischers said there were only
three men who entered the house.
BY Mr. Whitney.-Am positive they said there
were only three men who came in they said the
man who fired the shot was behind Lemon; thew
III,
Justice Boyd sworn.-0n the morning after the
shooting, between and 6 o'clock, Mrs. Fischer, at
the staton-house, stated that Lemon came into the
house first, and said "come on boys" Mrs. Fischer
said that Lemon did not shoot the pistol, but that
man dressed in dark clothes, glazed cap, and with
long neck, fired it, she said she did not think she
could recognize the man; about seven days after
Duvall was arrested and brought to the station
house; witness sent for Mrs. Fischer and had Du-
vail brought out into the passage; witness told
Duvall to stand up and show himself and Mrs. Fis-
cher, after looking at him, said that must be the
man.
Cross-examined by Mr.. Whitney-At the exami-
nation before witness, Mrs Fischer said she did not
know the man shot or where he was hurt
until he was brought home; witness thought it
strange that the Fis ,hers could describe the man
so accurately aud then that they could not identify
him; Mr.. Fischer said he did not know who fired
the pistol or did not see it fred does not know at
whose instance Duvall arrested; when Duvall
was brought out he was taken into the passage;
the passage is lighted by window from the front
office; Mrs Fischer said she couldn't see him well:
witness then asked her if she did not state before
the coroner's jury that if she saw the man she
would know him; she then said' "that must be the
man."
By Mr.. Kenly-Witness could have identified a
person by the light in the passage; the prisoner
showed no trepidation when brought out before
Mrs. Fischer.
Officer Hall, sworn.-Witness saw Mrs Fischer
the morning after the shooting at the station house,
witness asked her if she knew the party who fired
the pistol she said she did not know him, but de-
scribed him; she said the man was tolerable tall,
had on glazed cap and had long neck; witness
saw the prisoner that night about O'Clock in front
OF the ashington engine house at political meet
ing; he had on slouch hat; witness thinks Duvall
was arrested some five or six weeks after the
shooting
Cross-examined by Mr. Whitney.-Witness COM
menced the conversation at the station house;
asked Mrs. Fischer if she knew the man; don't
think asked her if she knew the mans name; the
conversation only lasted two or three minutes.
By Mr.. Kenly.-Can't recoect if Mrs. Fischer
said she had never seen the man before; from the
description given of the man by Mrs. Fischer, wit
ness would not have arrested the prisoner.
By Mr.. Whitney-From what Mrs. Fischer said
OF the man. witness took it that he was taller than
Lemon witness don't recollect if Mrs. Fischer said
she had never seen the man before.
Mr.. Edgar, sworn-Was the southeast corner
OF Howard and Montgomery streets the night of the
shooting, in company with Duval; saw party go
into the house on the other corner don't know how
many; can't say how many; witness went over to
see what was going on; at the time the pistol was
fired witness was in front of Fschers house; when
the pistol was fired witness left the pavement and
and crossed to the southwest corner and saw Du-
vail there.
Cross-examined by Mr.. Whitney-Witness saw
Duvall before the shooting, the southeast corner
of Howard and Montgomery streets; was with Du-
vail about three quarters of an hour; was at Cum
mers with him; there about twelve of us there;
left Cummers about 10 o'clock; when witness was
on the corner opposite Fischer's there were eight
or ten persons with him; could not recognize
those who went into Fischers; there were two or
three around on the pavement after these men went
in; witness heard two shots in the house and more
shots at the back of the house; the party witness
saw go In the house came from North Howard
street; have known Lemon four or five years. wit
ness was standing about 60 or 20 feet from the
hon thn Iol.