The Marion Daily Star
MARION, OHIO, SATURDAY, JUNE 19, 1880
-
CRIMINAL COURT
TRIAL OF ENOCH H. YOUNG
FOR THE MURDER OF
ISRAEL BENSLEY.
AT WALDO, MARION CO.,
FEBRUARY 25TH, 1880.
SIXTH DAY OF TRIAL
THE TESTIMONY.
Court convened at 8:30 o'clock this morning. The Journal
read.
Capt. Scofield stated to the Court that Harvey
Kenyon, an important witness for defense, who was examined yesterday,
was now confined in the "cooler"; that he was insane, and asked for an
examination of lunacy. Court said — "I am not sitting to pass on
the saneness of witnesses; that is the province of the Probate Court.
Proceed with the trial." The Court further remarked that this would
be the last trial taken up this term of court, except motions, continuances,
etc.
Attachments against two witnesses disposed of — one on account
of ignorance, excused on payment of clerks' and sheriff's costs, before
leaving court-room. The other case was dismissed because no personal
service had been made.
Wesley Salanders [Selanders],
who was brought in under an attachment and put upon the stand, testified
that he saw a club swinging up and down in the air; saw Bensley
push Houseworth. [The rest of his testimony, the same old
story.]
Frank Penny was brought in. Did you see any
part of the fuss Feb. 25th? I could see Enoch Young from my
window; saw him leaning over the rail, backward; some one striking, but
don't know whether Young was struck; some one was striking or motioning
at him.
GEORGE STRAUB.1
Reside in Waldo; was there the 25th; did not see the difficulty
between Coleman and Young when it commenced; saw Coleman
striking at Young, as Young was leaning against the railing;
saw Young draw a knife and make threats; saw Coleman with
a hatchet &c.
[Nothing new of importance in this witness.]
ENOCH YOUNG.
Am a father of Enoch H. Young; his mother says so; born
in Feb 21; 26 years old; is a married man; has a wife and three children.
GEORGE M'CLUGGAGE.
Am 20 years old; saw difficulty between Young and Coleman;
he knocked Young down; saw three or four striking at Young;
saw Coleman, John Shroate and others; saw Israel Bensley;
he was in the crowd; could not say if Bensley struck him or not;
heard them say "give it to him"; could not say if he was intoxicated; he
got up and stayed a moment; went home; he returned; could not say how long
he was gone.
Cross examined. Prisoner is my uncle; father testified
yesterday; didn't see Gill. Houseworth that evening;
saw Shroate strike Houseworth that evening; I say strike
at him.
(Here follows a severe cross examination under which witness
becomes very restive, playing with his hat; manner &c., damaging to
witness, whose voice falls to the bottom of his stomach.)
Joseph McCluggage — (little boy), examined by the
court as to necessary understanding of an oath. He breaks down and
cries — don't know anything. Refused.
JOSEPH YOUNG.
Am brother to defendant; know Coleman, Schrote,
Smith
and others. State objected about a mob, etc.; objection sustained.
Joseph McCluggage — (little boy) — passed.
DR. HIPPLE.
Reside in Waldo; heard some one say they got him into it; don't
know who it was.
WM. BENSLEY.2
Am 20 years old; I picked up a weight and carried it back in
the store.
Cross examined. The weight was on the pavement, in
front of the Jew store.
ENOCH H. YOUNG,
the prisoner — recess five minutes. On the 25th of February I
was talking to Eccles about trading horses — a little fuss before
this — took no part in it, only to take Houseworth away — don't
recollect anything more after I was struck; do not know who struck me;
it was in front of the Jew store; recollect nothing more until they were
washing me; had been drinking that day; had no intention of injuring any
one, Coleman, Bensley, |
or any one else; don't recollect of going home; don't
recollect of any trouble with Bensley.
Cross-examined: Drank in at Penny's and other
places. (Scofield asked leave to ask other questions, and
in chief were granted.) Exhibited scars on head, said to be produced
in the fuss; had headache since, got dizzy, etc.
Cross-examination resumed. Was not drunk when I was
trading horses; go several drinks at Gabler's; told Houseworth's
boy to go home; did not tell him if he did not go home I would kick him;
went down street with Houseworth; had hold of his arm; he said he
was the best man in town; I said, "I guess you are"; did not say I would
rip their damned guts out; pulled off my coat because they pulled Houseworth
away; can't recollect anything further after I was struck. (Witness
contradicted everything sworn to by the witnesses for prosecution, in regard
to every materal point.)
The little boy called, again examined as to qualifications.
Said he must tell the truth; did not know what would be
done to him if he did not tell the truth. Testified, saw them have
uncle Enoch down; I ran home; don't know how many had him down.
MRS. ENOCH YOUNG,
wife of prisoner, sworn: am the wife of Enoch Young. Objected
to by State — objection sustained. Council (sic)
for prisoner takes exceptions to the ruling of the court.
C. Boger, recalled — testified the same as in chief.
Dr. Hyatt, of Delaware, was called but was not allowed
to testify. Question put for the doctor to answer was objected to
generally by the prosecutor, considering the questions out side of the
case; but the question was asked, what effect would a blow or knock on
the head have? This the doctor was slowed to explain, and said, "If
a person is knocked down and gets up immediately, the shock is light; but
as a general thing if the stroke is so as to cause the person to lay for
some time, then circulation stops, and causes unconsciousness and affects
the mind in some cases. The doctor was on the stand for sometime,
and until court adjourned for dinner.
Dr. R.S. Sweney testified to the severity of a blow
or concussion upon the head — that in his opinion, a man to receive a blow
or concussion in any way serious, upon the head, could not go 200 yards
and return; if a person could go this distance and return, must know what
is done, and must know what he or she is doing. A concussion destroys
the mind and sense. I examined the prisoner Feb. 26th in the jail;
his condition was natural, his pulse good, his wounds (three on the head)
were rather of a bruised nature, one or two cuts through the scalp where
blood had come, none of the cuts being to the bone.
Dr. Fisher, sworn. Have practiced medicines
45 years; the wounds and bruises were not extensive; look as though done
with the knuckles. If a person ran 175 yards to his home and got
a weapon and returned to the conflict, it would have a tendency to show
that he knew what he was doing.
Dr. Weeks said: "If insanity was in the family,
should think bruises or blows on the head might produce temporary insanity;
otherwise not.
JOHN PLANK.
I saw Young one hour before the trouble; was straight;
don't know as he drank anything.
H. DICKOUT.
Recalled. Saw Young about 7 o'clock; did
not think he was very drunk; did not see how much he drank just before
or after that time.
JAMES FRANCIS.
I saw Young; he was in liquor about 1½ hours before
sun down, though not very drunk; did not see how much he drank.
ALBERT SMITH.
Did you see Young? I did. Was he drunk?
Some in liquor, not much.
C.D. JONES.
Recalled. I saw Young at the time of the trouble
— his condition was pretty godd — was not drunk — don't consider a man
drunk unless he staggers.
D.S. Drake had a converstaion with Young in
the jail, one day last week, but the conversation was overruled and excused.
The defense rested their case at 12 minutes to 3 o'clock.
The Judge then instructed the Jury not to converse, or listen
to any conversation pertaining to the case, or read any newspapers (except
the STAR), and keep aloof from all outside knowledge of the case,
that you may come back as you now are. Court then adjourned (and
it was announced by deputy-sheriff Beckley), until Monday noon at
half-past one o'clock.
Too Many Reporters.
The Court Room this week has been, during the large crowds,
dotted with reporters — as many as four at a table, and one or two at other
desks — humping themselves, using every effort, straining every nerve,
taxing their brain, endeavoring, if possible, to learn something and preparing
for the future. We think some of them had better sell out, and go
at something they can do — something that is more profitable. |
Transcriber's Notes:
1George STRAUB (1846-1927) was my great-grandfather
and husband of Sarah E. CORBIN, sister of Martha Ann CORBIN, wife of the
victim, Israel BENSLEY.
2William BENSLEY (1859/60- ) was the eldest
son of victim, Israel BENSLEY. |
