CRIMINAL COURT
TRIAL OF ENOCH H. YOUNG
FOR THE MURDER OF
ISRAEL BENSLEY.
AT WALDO, MARION CO.,
FEBRUARY 25TH, 1880.
FOURTH DAY OF TRIAL
THE TESTIMONY.
[CONTINUED FROM YESTERDAY.]
At 1:30 p.m., court was called and John Smith placed
on the witness stand. Smith is the young man who Young
slapped for not holding his coat; he is a blacksmith by trade and made
the knife that Young used on Bensley. When it was shown
to Smith to-day, he said: "It looks like the knife I made." Smith
repeated about the same as witnessess previously called.
Cross-examined. I am 17 years old — a blacksmith by
trade — I made a knife for Young some time before the fuss at Waldo
— Young struck me with his open hand when I refused to hold his
coat at the corner, at the post-office — Coleman and Young
then had a fuss about a minute after Young struck me; I am sure
Young
was not knocked nor thrown over the railing, and I am sure
Young
was not in the gutter east of the railing; Coleman had Young
down on the pavement with Coleman on top; Young got up after
Coleman
got off of him; Young and Coleman got at it again; Coleman
bent Young over the hitching rail; then Young drew his pocket
knife and Coleman a hatchet; Young started home, saying,
I'll fix the son-of-a-b—, and came back with a knife.
MRS. LIZZIE FRENCH.
I live in Waldo; was there Feb. 25th; about 20 munutes before
Bensley
was killed I heard Young say, "I will kill the damned son of a b—";
my attention was attracted by the scream of a female.
Cross-examined. I live across the way from where Young
lives; saw Young come out of the house in a staggering manner; went
down the walk in a fast walking gait; soon after I heard of the murder
of Bensley.
Miss Jennie French, daughter of Mrs. L. French,
testified to about the same as her mother, being at home with her.
ALBERT SMITH.
I heard only what had been said while Young was at home
(just before the murder) by Young's wife to her husband.
Most of the testimony of the above witness was objected
to.
HARTMAN DICKOUT.
I was in Waldo on Feb. 25th; saw Young first that evening
about 6 o'clock, at Gabler's saloon; next, soon after; I saw a fight;
then saw Young going home; soon he came back with something in his
hand, and as he passed me I halloed at him: "Young you better go
home, you might get into trouble"; Young said, as he kind of come
to a halt: "I'll kill the son of a bitch"; next saw him in the hands of
the officers.
Cross examined — same as above.
WILLIAM FLANDERS.
Was in Waldo the 25th of Feb.; heard conversation between Young
and Dickout; Young was going across the bridge; Dickout
said, "Boy, you better go back; you will rue it"; could not hear what Young
replied; he did not stop, but ran on; the bridge is about 175 yards from
the corner.
Cross-examined. Dickout was about 25 feet from
Young
when Dickout made the remark to Young; Young made
some reply that I did not understand.
E.S. WHITE.
Reside in Waldo; was there when the fight took place; saw Young
when the fuss commenced; heard Young say something about fixing
somebody when he went away; did not see him when he came back: saw Bensley
after he was down.
Cross-examined. When Enoch Young started away,
he ran; Coleman had nothing in his hand that I saw; Salandes
[Selanders],
Dickout
and myself were standing in the neighborhood of ten steps from Young
when Dickout spoke to him.
PETER JONES.
Reside in Waldo township; was in Waldo the 25th of Feb. last;
saw Young there about 7 o'clock walking up and down on the side
walk; said he was the best man in Waldo; if they did not believe it he
could prove it; went to the corner and pulled off his coat; handed it to
a boy to hold; he and Coleman had a racket; after Young got
up he pulled out |
his pocket knife and opened it; then shut it up and
went home; I afterward saw Young coming from home; he met Dickout.
SAMUEL SCHROTE.
Reside in Waldo; was at Waldo Feb. 25th; saw Young about
5 o'clock at Gabler's; saw him afterwards in front of post office;
saw him take off his coat, I then went into the post-office, and when I
came out Young was fighting with Coleman, Coleman
got Young down and pounded him; when Coleman got off, Young
took out a pocket knife and opened it. I handed Coleman a
hatchet: Coleman told Young not to cut him or he would cut
him right down, there. (Witness made motion, showing direction toward
the shoulder.) I took the hatchet away from Coleman after
Young
went away.
Cross-examined — Got the hatchet in the post-office; was
afraid Young would pitch into me. No one was with me when
I got the hatchet; I got it from where it was lying, in the store; I carried
it under my coat. I went in to get the hatchet, and when I came back
Young
and Coleman were fighting. After Young got up he started
for home. That is the last I saw of him until he was at Gabler's,
tied. Did not hear Young say anything when he left.
He walked fast, did not run.
J.E. TAYLOR.
Reside in Waldo; was at Waldo on the evening of the 25th of
Feb.; saw Young go home and return in about 5 minutes. Saw
Young
strike Bensley; did not see what he had in his hand; after he struck
him the crowd gathered in; Bensley took hold of
Young.
Cross-examination — about the same as above.
LEONARD PORTERFIELD.
Was in Waldo on the 25th of Feb., in the evening; saw Young
about 5 o'clock in a saloon. Him and Houseworth
came out and struck Wm. Bensley and Nickels [Nichols];
Young
afterward struck a boy who went home crying; he then went towards
the post office; said he was the best man in Waldo; took off his
coat and handed it to young Smith, who refused to take it,
and then Young struck at him; saw Young start away; he did
not say anything; I saw him come back with a knife; when he got to the
corner he said, "Where is my man," and stepping before
Bensley struck
him with the knife.
Cross-examined. Saw Coleman with a hatchet;
Young
started off but did not run; did not see him after he turned the corner;
he was running when he came back; I stood about 25 feet from the corner
— did not see Young strike — don't know who struck first — can not
say Bensley did not strike — don't think he did.
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