CRIMINAL COURT
THIRD DAY OF YOUNG'S
TRIAL.
EXAMINATION OF WITNESSES
PROCEEDING WITH
GREAT INTEREST.
The Prisoner Conducting Himself
with Decorum, and
Taking Great Interest in
the Testimony.
THE COURT ROOM PACKED, AND
PERFECT ORDER PRESERVED
BY THE SHERIFF AND
DEPUTY.
Court was called this morning at 8:40, with Judge Beer
on the bench.
The docket of Monday was read by the Clerk, the last being
Enoch
H. Young for the murder of Israel Bensley, at Waldo, O., Feb.
25th, last.
The prisoner was present from the opening of court, with
rather a cool and deliberate appearance.
Captain Scofield arose and said that the disappointment
of Judge Blackburn (one of defendant's counsel) not being present,
on account of the storm near Cincinnati, he would like a little time to
await Blackburn's arrival, on account of the case being an important
one.
The Prosecutor objected, stating that two days had already
been occupied in the case.
The Judge overruled Scofield's request and said:
"We will move along slowly with the case until Blackburn's arrival;
he was aware that the case was pending and shouldh have been here."
The Prosecutor then read the indictment against Young,
charging him with the murder of Israel Bensley, on Feb. 25th, 1880.
This was read to the jury.
Scofield, attorney for the prisoner, arose and addressed
the jury, endeavoring to shield the prisoner, saying that Enoch Young
had reason on the 25th of February to defend himself from a terrible mob
that attacked him on that day, and that he, in law, is not guilty of the
Charge, etc., against him.
After Scofield's remarks, the examination of witnesses
was next in order, and
DR. J.M. CHRISTIAN
testified in regard to the wound in breast and scalp wound 1½
inches in length, obliquely to the right, a part of the instrument was
broken off in the skull; obliquely; the wounds could not have crossed or
passed the wound other than in the rear; it may have been in front and
passed to the right, or it may have been in the rear and passed to the
front, which I could not tell you; don't recollect; they were all on the
full or frontal bone; my opinion is, there were no arteries cut; 15 hours
after death this examination was made; the knife going through the skull
might have produced death; brain not open but discolored; it did not show
contusion, but showed congestion; wound on breast was produced by a sharp
instrument; length was 1 to 1½ inches; I think the size of the wound
would indicate the weapon used; in probing the wound and finding the length
and depth of the wound, the physician can tell with what kind of instrument
it was made. [Dr. explained the examination of the wound — Scofield
became in quisitive as to the technical terms used by the doctors, and
considerable time was taken up on this question.] Some few words
in the report might have been changed; Drs. Hipple and Holmes
took the report to some library where they could get the books to find
the words; I don't know what became of the original notes; I was several
days writing the memorandum, Holmes or I told Prosecutor Young to
write down what I have testified to; know he wrote it down correctly; know
or supposed it was written right; made examination of wounds on skull and
breast on the first day; examined head wound first; Young was not
sworn; had Dr. Hipple and Dr. Holmes sworn; don't know whether
it was done before the examination was had or not, my impression is that
they were; Young was not sworn; I think myself and Drs. Hipple
and Holmes done the sawing; when one got tired the other took hold;
we used a carpenter's saw; (Scofield — was it a hand saw? or was
it a cross cut saw?) I don't know, it was a saw we borrowed, a tennent
saw, saw across — then take a pry and pry it out of the skull; we did not
use any instument to keep the skull up; I probed the wound before cutting
in; it was not a carpenter's probe, it was a surgeon's probe; it was done
the first day; examination was coninued to next day; Young kept
the memorandum that day; he gave me the memorandum; I |
gave Dr. Holmes a part of the memorandum to
copy off; he gave it to me, and I know it is right; I gave them the rough
notes to make out from the memorandum taken at this examination.
(Objection made by Prosecuting Attorney; objection overruled — Scofield
said the Dr. had written, and had had (sic) written volumes in regard to
this matter, and he wanted to sift it.) Examined the witnesses at
Porterfield's office; the post mortem was held at the late residence
of deceased; the testimony was taken down and I gave it to Dr. Holmes
to be written out in full; Young wrote out the testimony as my clerk,
and I gave it to Dr. Holmes to write out in full.
Dr. Christian was on the witness stand 2 hours and
15 minutes. The re-examination was a repetition of the cross examination.
DR. HOLMES
corroberated the testimony of Dr. Christian and described the
direction of the wound with a slight deviation. Christian
said the wound was backward and obliquely to the right, while Dr. Holmes
said it was backward and obliquely. Piece of skull shown witness
and identified as the piece he removed from the skill of Bensley;
heard noise and confusion.
Cross examined — Came to Waldo the 16th of Mar, 1876; practiced
in Columbus the winter before; to make a post mortem examination we commence
at the head; I cut the piece of skull; I believe I held the saw; think
Dr. Christian held the saw part of the time; am not carpenter enough
to tell what kind of a saw it was, but it was a carpenter's saw; we called
the wound an incised wound, with a blunt, sharp-pointed instrument; wound,
1½ inches, extending obliquely to the left; don't think we probed
the wound;did not think it necessary; next wound was 1½ in chest,
leading obliquely across it.
AFTERNOON SESSION
1:30 o'clock. Dr. Holmes — Continued. Here
follows a severe cross examination of the Dr. by Cap. Scofield,
in regard to terms used and when and by whom the report of the Coroner's
inquest was made up and signed. The direction of the wound was downward,
backward and inward; near the heart; examined the body from the knees up;
no wounds found, except some discoloration on the limbs, which was discovered
on post mortem examination; did not examine kidneys, liver, lungs, kidneys
or intestines; I examined lungs, heart and blood; found cohesion of fluid;
heart small for a man of his size; made an external examination of the
heart; found no disease; think the lungs were in a fair condition; indicated
a rapid flow of blood; examined the brain, did not remove the skull
cap but examined through the piece of scull (sic)
exhibited here; in removing the piece of skull we used chisel, mallet and
saw; did no (sic) discover any injury
to the spine; removed the hair necessary to get at the wound; used forceps
to remove the point of the instrument imbedded in the scull (sic);
could not remove [???]; don't know what I
removed it a 16th part of an inch [point shown witness] think it is now
as when removed; did not break it off.
Re examined — I mean by a blunt, sharp instrument, that
it is one with the point broken off; the wound could not have been made
with an instrument we used in making that examination.
Re-Cross Ex. (Piece of skull shown witness); think
the scratch on the piece could not have been made with the carpenter saw.
JOHN PLANK.
testified; was in Waldo 25th of February last; 5 or 6 o'clock; saw
young
and W. walking up and down street, said they were the best men in
Waldo; defied any one to arrest them; Young told me to stand back;
hit me; handed his coat to Smith; John Smith; I made no resistance;
Smith
said he did not have to hold the coat; he then slappd Smith; then
Coleman
said it was a shame to strike the boy; he then went for
Coleman
and drew a knife on him he'd split his brain out; there were several there,
Bensley
among the rest; Young said, 'I will fix them' and went home; about
3 minutes; next saw Young coming, or some one said
Young
is coming; it was not five mintes; Bensley was standing at the window
sill, when Young came up; he had a knife in his hand upraised and
struck
Bensley in the breast, near the collar bone; held knife in
right hand, left hand on Bensley's shoulder;
Bensley then
followed
Young to the street; the crowd was arresting Young,
and Bensley returning from the street when he fell and expired.
[Testimony continued to morrow.]
Court adjourned at 5 o'clock P.M., till 8 o'clock to-morrow
morning
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