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The Murder of Israel Bensley — Part 10
Photocopies of news articles courtesy of Linda Abrams, Marion, OH.
(Transcription by Diana Gale Matthiesen.  Boldface added.)
The Marion Daily Star
MARION, OHIO, TUESDAY, JUNE 15, 1880
-
CRIMINAL COURT


SECOND DAY OF YOUNG'S
TRIAL.


JUDGE BEER ON THE BENCH.


JURY FILLED AT 3:35 P.M.


COURT ADJOURNED UNTIL TO-MORROW AT 8:30 A.M.


JUDGE BLACKBURN, OF CINCINNATI, ENGAGED FOR THE DEFENSE.


  At 8½ o'clock a.m. court convened with Judge Beer on the bench.
  After the venire was exhausted, but ten jurors had been secured.
  Scofield moved that the venire be quashed and the array be set aside.  Motion claimed that the venire was illegally drawn; motion pending court adjourned until 1½ o'clock p.m.
  At 1:35 p.m., court was called, and Scofield's motion being sustained the court ordered the sheriff to fill the jury box. Scofield objected; the court overruled the objection, when the defense filed a precipe for a struck jury.
  After hearing the arguments of counsel on both sides, the court overruled the motion and again ordered the sheriff to fill the box, when Scofield made a demand for a special venire which was overruled, and ordered that the trial of Enoch H. Young proceed, when the panel was at once filled, and counsel for the defense began his pre-emptory challenge.
  The Prosecuting Attorney again put the question to the jury:  "Is your opinion such that you could render a verdict where the penalty is death?"  All answered in the affirmative, when the Prosecutor said that the State was satisfied with the jury.
  Dan Tedrow called — had not read or heard any talk about the case, but formed his opinion from good common sense; takes the Christian Advocate, but never saw any account of the crime in it.  He was rejected because he might make a bungling juror.
  M.L. Biley, Joseph Court, T. Irie, J. Smith and J. Shown, being opposed to capital punishment, was excused.
  The Jury was filled at 3:35 this afternoon.  Court was then adourned till 8:30 to-morrow morning, to wait for Judge Blackburn, of Cincinnati, who is engaged for the defense.
NAMES OF JURYMEN:
  James Power,
  David Porter
  Henry Knowles
  Dennis Pangborn,
  Jacob Reterer
  Henry Garwin,
  John Maloone,
  Wm. Leeper,
  John Berringer,
  John W. Anselman,
  J.D. Lewis,
  Christ. Habbermann.
On to Part 11.

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