CRIMINAL COURT
TRIAL OF ENOCH H. YOUNG
FOR THE MURDER OF
ISRAEL BENSLEY.
AT WALDO, MARION CO.,
FEBRUARY 25TH, 1880.
FIFTH DAY OF TRIAL
THE TESTIMONY.
WM. SCHENCK.
Live in Waldo; am Marshal; was in Waldo the 25th of February;
saw Young about 5 o'clock in the evening; saw him after that at
the corner of the store; it was when Bensley was killed; saw them
striking; I grabbed Young; Francis said he has a knife; Young
said, "I have no knife" — felt under him and found the knife under his
body — kept him under arrest until brought to Marion.
Cross-examined. Could not tell if Bensley struck
Young
or not.
C.D.JONES.
Live in Waldo — was there the 25th of February, last — saw Young
there, talking loud, bragging and boasting. I went into the store
— did not come out till after the fight was over. Saw Young
leaning on the railing quarreling — saw him go South — heard some one say,
"Here he comes!" he caught Bensley by the right shoulder with his
left hand and struck Benley in the left breast and on the head with
the knife.
Cross-examination. Young struck Bensley
first. The balance of testimony does not vary from above.
George Torry sworn. Live in Marion county, O. Did
not see any of the fuss.
JOHN H. SOLANDERS [SELANDERS].
Live in Waldo — was there the 25th of February — saw Young
come out of a saloon — next saw him after he and Coleman had a fight
— saw Young get up, pull out his pocket knife, saying that the first
man who touched him he would cut a hole through him. He went home,
said, "Clear the way, I'll fix the son of a b." — came back — saw them
trying to take the knife from him. He was gone about five minutes.
Cross-examined. Saw Bensley; he was standing
talking; saw nothing in his hands; Young was on his face when down,
fighting with Coleman; Coleman struck Young twice
while he was getting up; saw Coleman with a hatchet &c. (same
as detailed by other witnesses), Young said to George McCluggage,
"G—— d—— you, go home, or I will kick you again." This was after the fuss
with Eckles and Houseworth.
JOHN JUSTICE.
Recalled. — Recollect threats made by Young; they
were defying officers to arrest Houseworth; said, "I am the best
man in Waldo, say what you please, do what you G—— d—— please, and I'll
rip their damned guts out, and I'll stay with you as long as I can."
Cross-examined. Young said, "Say what you please,
do what you damned please, and if anybody interferes, we'll rip their damned
guts out, and I'll stay with you as long as I can"; can't tell why I did
not think of it the other day when I testified.
Re examined. Think I testified to the above before
the coroner.
H. Dickout, recalled. Judge that Young
was gone 10 minutes when he went home.
Albert Smith, recalled. Hear Young
at his house, swear he would kill the son of a b——, his wife or mother
pleading for him not to go — this was just before he killed Bensley.
Cross examined. Knife and piece of skull offered in
the evidence.
At 10:05 the State rested.
At 10:40 a.m., the first witness on the defense was called.
ANDREW M'CLUGGAGE.
I reside in Waldo — saw Enoch Young there Feb. 25th,
about dark — he was intoxicated — heard him say, we are the best men in
Waldo — Houseworth was with him — heard somebody crying and halloing,
"Kill him, G—d d—n him" — don't know who it was — the crowd was big.
I saw a hatchet, Coleman had the hatchet — after Coleman
let Enoch go, Enoch drew his pocket knife and said, "If you
come on me again I will cut some of you." I was about 10 or 12 feet
from the scene — I saw Enoch run home — saw him come back — he was
gone but a short time. [The balance of testimony about as before
given.]
Cross-examined. How long have you lived in Waldo?
About one year — am a brother-in-law to Enoch Young — I came from
Pennsylvania.
UNION SHROATE.
I live in Waldo — was there the 25th of Feb. — saw Young
and Bensley — saw Coleman — saw Young go home — I
saw a |
weight brought in by a son of Bensley's and
laid it on the counter — said he picked it up off the pavement — did not
see any blow struck.
Cross-examined. Are you sure the weight was picked
up by Wm. Bensley about the time of the fuss? I am.
DAVID METZGER
I live in Waldo — am a merchant — lived there seven years —
have known Young seven years — have known Israel Bensley,
James
Coleman, John Smith and John Plank — saw Israel Bensley
in my store — he took a two-pound weight out belonging to the countere
scales — had it out about 5 minutes and was brought back by his son William
— did not see Enoch Young that evening.
C.D. JONES.
Recalled, who was on the part of the State, now on the part
of the defense — but nothing of importance from what he had said in his
previous testimony given. Said Bensley did not strike Young
until after he was struck by Young.
ALLEN FERGUSON.
I live in Waldo — was there Feb. 25th — saw Enoch Young
at my place — heard him say, "I am the best man in the world" — saw Young
and Eccles in a squabble — heard Bensley say: "You are not
the best man" — saw Young down under the railing; saw some kicking,
some striking with a cane or stick — saw Young get up, he seemed
in bad shape, and said: "I'll fix you"; and went toward home, walking fast
— saw him come back. [The balance of the testimony same as given by other
witnesses.]
[Testimony continued to morrow.]
. . .
Appearance of Enoch H. Young.
To-day, Friday, June 18th — the fifth day of the trial of Enoch
H. Young, for murder — at 8:30 a.m., the prisoner appeared in court,
dressed in a suit of black clothes, a standing collar, and showed a rather
innocent intelligent appearance. He has a quiet manner, but little
to say and has a good appetite considering. The court room
was filled with anxious spectators. The trial progresses slow as
do all such cases. About thirty witnesses have been examined, and
about seventy-nine are yet to be examined.
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