The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-02-04


, can go back to their quarters and remain there
until 10 o'clock tomorrow, when they must come
! into Court; if they have not agreed then thev will
nave 10 return to where they are, and stay there
| till they do agree"
Mr. Whitney.-"The Court understands the State
don't consent to this, wish that understood"
Judge Stump then ordered the Court to be ad-
Journed until 10 O'Clock this morning.
SUPERIOR CoURT.-Hon H. Collins Lee Judpe
The following business occupied the Court yester-
day:
Blackburn Us. Musgrave. Before reported Yer
Charles Edward Nickerson Us. William NJ Stone.
On trial. 7. s. Alexander and Stockett for plaintiff,
Waters and Dobbin for defendant.
| Assignment for to-day from SCI to 592.
| CoURr OF COMMON PLEAs.-Hon VIM. l.. Mar
shall, Judge: The following cases occupied the
| Court yesterday:
Charles Hill u.s. Noah Stockdae. An appeal from
Justice Welch. Under curio.
n. ID. McComas, use of George Mex. Teal, ats,
+. U. Chappele, claimant. An appeal from Justice
HAYWARD. Judgment reversed.
ID. l. Shaw and wife vs. Mary Linn. An appeal
from Justice Showacre. Judgment affirmed.
CIRcUIT COURT OF BALTIMORE CIrY.-Hon. VIM.
George krebs, Judge. The following occupied the
Court yesterday:
Henry Gratman Us. Richard R. Stevens Excep-
! the Auditor. Reported Yesterday Argument
| concluded by George II. Williams for defendant
TowsoNTowN, Feb. g. 1882
W.
Hon. Judge Price Richard j. Cuttings, ESD,
prosecuting for the State
THE EIGHTH WARD MURDER CAsEs.--TrHRD DAY.l
State u.s. Charles Riley, VIM. Quinn, James Fos-
NJ. j. Grady and Thomas Murry, Jointly indicted
for rioting and being accessory to the murder of
police officer VIM. Jourdan, alleged to have been
committed on the 10th day of October, 1857 at or
near the jackson Hall, corner of French and Buren,
streets, Baltimore.
Messrs. Preston, Cowan Carr Snyder and Gra-
son for the defence.
Benz. f. Cover, sworn.-Knows the prisoners at
the bar; in French street the time of the riot
heard and saw firing; recognized Fossett as a
leader amongst the rioters; soon as Fossett saw
witness and his friend coming towards them he
said, here they come, rally boys at this time thew
were on the corner of French and Centre streets:
Fossett had weapon in his hand could not tell if
1t was gun or pistol; could not see how MANY
persons were with Fossett afraid to look
around the corner went back to the station house
from thence to the 1lth ward and afterwards with
the squad under Capt. MITCHELL to jackson Hall,
in orper to search the premises; it was about 20 min
utes after II when the witness got down to the
ner OF Centre and French streets; recognized no
else among the rioters except James Fossett.
Cross-examned by Mr.. Carr for the Defence
Witness is police officer; did not see either Mar
| shall Herring or Capt Brashears at Jackson Hall
when witness was there: when at the corner of
North and Centre Streets witness heard shots fired:
but did not hear them on the corner of French
and Centre; the distance between these two points
! is about two squares.
By Mr.. Cowan for the Defence-Winess is posi-
tive that it was twenty minutes past twelve O'Clock
hen Fossett cried out for a rally; he did not fire
! at or inlure witness CT Miller; thought that they
! cried out for rally to attack witness and his
friend they had the to attack; to iniure and
no to prevent them if they had been so disposed;
! saw no crowd coming from the Fifth ward did not
think Fossett and his party were rally ing AGAINST
any party from the Fifth ward, becau Sc witness
| did not see any such crowd.
Cross-examined by Mr.. Preston, for Defence
| No. -. I'll IT
there.
O. Did you not, i'll company with Claggett, step
up to the old lady who kept the bar. and say,
damn you, give us something to drink"
A. did not never saw Claggett
| O. Did you not step behind the bar and help
yourself and others to liquor, for which you did
not pay?
A. did not-I never drank in that place in my
| life
that day?
A. l saw young LADY, saw no old lady.
Mrs. Burns was here produced by Mr.. Preston.
He asked the witness if he had ever seen that old
lady. He answered in the alternatives but said he
never saw her on the day of the riot Mr.. Preston
then warned the witness to be careful to what he
He still persisted that he had not seen the
| lady the day in question.
! William H. Brown, sworn.-Lives in Constitu-
tion street, No. 81 was at home on the day OF the
! riot; was standing on the pavement looked down
the street; saw a crowd in great commoton: they
had guns and were firing them in the direction of
| High street; and recognized Michael Grady as
he was firing off his gun; he would step to the
ner and fire. then go behind the corner to load; saw
| Burns come out of the house with a swivel saw
| Rock come out of his house with his gun and fire
| several times; saw persons 60 into Mr.. Daton's
| house, come out again and again fire their wea-
pons; Dalton was in the meantime standing on his
| pavement; did not see the police until they were
on French about fifty feet from High, as they came
| up towards Jackson; there firing from Jack
son Hall upon the police after they turned into
French street, all the firing that came from Jack
son Hall was directed towards High street; recog-
nized only Burns and Grady; knows all the rest;
did not see them there; saw the first firing; it COM
menced in Jackson Hall, rather from it; there
was considerable crowd in and about the Hall;
never went into the place after the riot.
Cross-exarnined by Mr.. Preston for the Defence.
Witness is house carpenter by trade; does not
work at it now, nor did at the time of the riot;
is Superintendent of the streets of Baltimore, in
the employ of the city; knows of the police of
fcers pretty well.
Q. How many of the police officers did you see
about Jackson Hall with whom you are acquainted?
A. Well, cannot now tell-there were good
many officers.
Q. Can't you name some of them?
A. Henry Deae was one; Captain Mitchell and
Thos. Denison.
Q. How far is your house from jackson Hall
A. About 800 feet; | was looking towards the
| hall during the whole time of the riot: goinp to-
wards The penitentiary wall; witness house is on
the right hand side of Constitution ST.; Jackson
Hal is on the corner of French and Buren,; don't
think there are any trees that side of the street,
witness did not pay attention every thing on the
| street; witness stood on the pavement before his
door and looked toward the of the riot about
half an hour, over half an hour and until the Off
| GERS came up; was about there Is minutes when
| Burns brought out the swivel; had been out only 5
minutes when the firing commenced-they had
been firing 10 minutes when the swivel was brought
OUT recognized Grady when they first commenced to
shoot; don't know how he was dressed; Burnes was
in his shirt sleeves; Grady would 60 to the corner
and fire of his piece, after which he stepped back
to jackson hall or into Buren ST., witness suppo
sed to load his gun; did not see him load the weapon,
but conjectured that he went back to load, because
he came and went several times, each time dischar-
gng mis- weapon; Grady continued to fire until the
officers came up, Burns had white shirt wit
ness is not equally positive that he saw Burns
in white shirt as he is that he Grady. Th9
shirt may have been check; itmay have been faded;
at the distance witness was off, the shirt appeared
to be ~hite-it was light, positively that it
was light in color; it was not blue.
Cross-examined by Mr.. Cowan for the Defence
Q. What was it that caused you to go out of your
door on the day of this occurrence?
A. Well, had eaten my dinner, and wanted
to 60 out on the pavement.
Q. Had you been to the Fifth ward polls that
day?
A. had not-positively had not.
Q. Did you hear any firing from any other
persons except by those in fl ont of Jackson Hall?
A. did not
O. Did you see your friend Deal fire, or any of
the other police officers?
A. | did not see Deal fire; saw other officers
firing.
O. Did you Burns bring the swivel out OF
the house?
A Yes; he brought it out of the French street
door of Jackson Hall; Burns had no other weapon;
| saw him fire off weapon; after the swivel
was planted in the street quite crowd collected
about it.
Cross-examined by Mr.. Carr for the Defence
Witness is positive that he can see Cape's fence
from where he stood on the day of the riot; has
seen the fence from that point often,
would not be positive that Burns brought the
swivel from the French street door of Jackson Hall
Burns, however, brought it out; he carried the
gun and some one else carried the block; it was
planted in the middle of French street on line
, with the curb stone of Constitution street.
The State at this unoture announced that its tes
timony was closed except for rebutting.
Mr.. Preston then called the following witnesse
, for the defence;
E Catharine Smith, sworn.-Resides on the corner
of Lefferman's alley and French street, opposite
High; resided there at the time of the occurrence
and recollects the day of officer Jourdans death
r between the hours of = and II o'clock witnes
G standing in the door of her house; a
r coming up High street; saw two drunken fellow
e throwing up their and "iring bricks
Y officer Jourdan pulling in one of them iron
e the street; saw a shot fired from Lefermans alley
it struck Jourdan in the stomach; he reeled agains
the wall after having received the wound distinct
e ly saw the smoke and heard the report from tn
n weapon in Lefferman's alley; three officers i
e the crowd that came up High street; they fire
X several rounds towards Jackson Hall; saw thre
shots fired in High street before Jourdan was killed
some minutes before this there an outcry in tn