Judge Beer was back on the bench on Wednesday, June, 16, 1880.
A Judge Blackburn, one of Enoch's counsel was delayed by a storm near Cincinnati, and the defense requested a delay, Judge Beer agreed with the prosecution, proceed without Blackburn, Judge Beer exclaimed "We will move along slowly with the case until Blackburn's arrival. he was aware the case was pending, and should have been here".
The defense led by Colonel Scofield started the proceeding claiming that Young was proper in defending himself from a mob on the day of the killing, and was not guilty of the claim of murder in the first degree.
The witnesses are called_________
Dr. J.M. Christian was the first called, and testified in regards to the wounds in Bensley's breast and scalp. He had determined the body wound has caused almost instant death, and that with the blow to the head, the knife had broken off 1 1/2 inches into the dead man's skull, that stab wound could have also caused death.
The examination of Christian took until 3PM when court was continued.....Christian explained in detail how the examining doctors used a hand saw to do their work on Bensley's corpse.....including putting the victim's skull on display for the court.
John Plank is called next_________
He testified that he was in town on February 25th and between 5 and 6Pm and that Young and Houseworth were telling all that would listen that they were the best men in Waldo and defied officers to arrest them...after some confusing statements Plank said Young handed his coat to Smith and asked the boy to hold it, when Smith refused, Young slapped him....Jim "Bully" Coleman(guess he went from "Big Jim" to "Bully" in 3 months) said it was a shame to hit the boy, so Young went after Coleman with a knife, at that time someone handed Coleman a hatchet, Coleman replied that if Young pulled the knife on him, Jim Coleman would spit his brain out ....several folks had gathered and Young replied that "I will fix them" and apparently headed for home...3 minutes later Enoch Young returned....someone yelled "Young is coming" at that time Plank stated that Isreal Bensley was at the window sill when Young came up and stuck Bensley in the breast near the collar bone, Bensley grabbed the knife and followed Young to the street, the crowd began to arrest Young, Bensley returned from the street and fell and died....at this time the Court adjourned at 5PM.....to resume at 8AM Thursday.
Thursday June 18. 1880_________
Plank was cross examined the defense the next morning...stating that both Enoch Young and Gilman Houseworth had claimed they were the best men(the strongest, toughest, etc), then both defied anybody to arrest them, and that no one except Jim Coleman had struck Young...and he saw no one strike the accused with any hatchet, club, or iron weight...and saw no other weapon used except by Enoch Young....he said it was not a half second after he passed me that Young struck Bensley.
Philip Miller_______
Was the next to testify...saying he saw Enoch Young run past him to the corner west, saying he had heard Young's voice just before telling the Houseworth boy(one of Gilman's sons?) to go home or he would kick him.
{Gilman had sons aged in February, the following:
Aca Landon Houseworth 14, William 10, Lawernce 7, Fred 3 and John 3, so my best guess is was one of the two oldest that Miller was talking about Aca or William.}
Young came back a few minutes later and struck Bensley as described in the previous testimony...describing one stab to the breast and 2 or 3 to the head. He describe Young as yelling at Bensley "Here is my man"
John Bishop_________and John Justice.
Next up Bishop, followed by John Justice(great name ey?) Bishop's testimony was much the same as the first couple, Justice was a little more in dept....."I first heard him tell the(Houseworth) boy to go home.." then Justice says he heard Young say "I will fix that son of a bitch"....Young returned with a knife and Justice testified he saw Enoch grab Bensley by the shoulder and strike him about 3 times in the breast or head, and the final "lick" went directly to the head. He continued that Bensley had Young by the head, but that Israel Bensley had no weapon or anything else in his hands.
Henry Anderson testified much the same, saying there were 10 to 15 persons in the area and he could not see if others struck or were struck....
James "Bully" Coleman was next.....
Coleman testified ".......I met Houseworth he was in Penny's Saloon, Eckles, Houseworth and Young were there, Eckles and Houseworth had a little fuss, the men took them apart, Young said "I will take care of Houseworth" when Eckles was going out the door, Young pushed Houseworth onto Eckles...going across the street they(Young and Houseworth) caught Eckles and pounded him some, Young pulled his coat and handed it to the Smith boy and told him to hold it, the boy said he did not have to hold it, then Young struck the boy, I said it was a shame to strike a boy-Young struck me-we had a little fight-when I let him up he had a jack knife out and someone handed me a hatchet and I said "Young, if you pull a knife on me, I will split you head" Young then went away and went across the street-it was about a minute after the fight that Young went away.
On cross examination Coleman testified ....."I struck Young as he struck at me, knocked him up against the hitching post-Young went over the post, I did not strike him after that, I lifted him up. I handed the hatchet to Dan Schroat, Young then left, the moon was shining, I never had any difficulty with Young before-I am 23 years old".
Doctor Gatschall of Warsaw, IN______
Testified he was in Waldo on the 25th teaching a class(but guess he stopped by the saloon after class)....Gatschall said he saw Young and Gilman Houseworth in Penny's Saloon walking arm in arm saying they were the best man in town.....he testified much the same about the fight as the previous witnesses.
John Schroats testified he had whipped Houseworth with a cane the night of the murder, but never struck Young. Other witnesses James Fry, Samuel Wilson testified same as the others....Next up was John Smith, the 17 year old boy who was slapped by Young, after refusing to hold his coat.
John Smith______
Said he was 17 and a blacksmith by trade, stated he had made a knife for Young sometime previous to the fight, he testified that Young had struck him with open hand when he refused to hold the coat. Testified that Coleman had gotten on top of Young, let him up, and the two started at it again....at that time Coleman bent Young over the hitching post, when Young drew out the knife, Coleman drew that hatchet and Young left, saying "I'll get that son of a bitch" and left before coming back with a knife.
Sam Schroter, Leonard Porterfield, and then Lizzie French and her daughter Jennie were next to testify, followed by a dozen or so men who testified more or less the same stories as the previous witnesses....basically it was Enoch Young and Gilman Houseworth were drunk and Enoch was whipped by Jim Coleman, Enoch returned after the beating and stabbed Israel Bensley dead.
NEXT....THE TRIAL MOVES AHEAD
{photos}-Gravestone of Israel Bensley and his wife, located in the Waldo Cemetery/A photo from my Grandmother's collection labeled "Houseworth Boys" Waldo, O." Which boys it doesn't say....the time frame looks, by the backing, to be from sometime between 1885-1905, the clothes?, the late part of that timeline....who were they? I will likely never know...Gilman's sons? John's? 3 of Nelson and Mary Ann's? Cousins?.....only the ghosts of Waldo hold that answer.
Here are a few o
f the photos from the day trip through and around Waldo:
Top to Bottom: The grave of Ursula Schribner Houseworth(1820-1882). View #1 of my Baloney Sandwich. The graves, top to bottom of Andrew, Ursual, John Presley, and Ben C Houseworth...Andrew who died at 19 from an accidental fall, and John were Ursual's son, Ben was her grandson and son of John P. More food at G&R and a beer to top it off. Main Street(Ohio 47) looking north in Waldo. G&R Tavern, famous since 1962. The Waldo Village and Town Hall. And a small church on Highway 47 somewhere in Union County, somewhere between Bellefontaine, and Waldo. Small rural churches and small abandon rural school houses are 2 of my favorite photo subjects.
