The Trial enters Day #5

Enoch Young and Gilman Houseworth were to be tried separate...While Young's was taking place in Marion, Gilman's attorneys were working to have his trial moved out of the county on a change of venue....it would be, and Gilman's court case would not come up until April 1881 in Kenton, Hardin County, a full 14 moths after the murder of Israel Bensley.....Bensley's death came on February 25, 1880, just 2 days after Enoch Young's 27th birthday.

Day 5 of the Enoch Young Trial________

Day five of the trial saw 6 gentlemen come forward, their stories, if they had one varied very little from the one's that proceeded them....with the exception that Israel Bensley had went into the local hardward store and took out a 2 pound weight that belonged to the store's counter scale....his son William brought the weight back some 5 minutes later, according to testimony.

The Marion Star spent the rest of their Day 5 coverage making fun of a new newspaper in town called "The Mirror"....seems according to the Star, the Mirror just didn't measure up in their coverage of the Young trial....they also mentioned the dress of the prisoner Young, describing him as entering the courtroom at 8:30AM dressed in a suit of black, a standing collar, and a rather "innocent" intelligent appearance. Describing him as having a quiet manner, and has little to say, but has a good appetite, considering the court room is filled with anxious spectators.

On day 6 several witnesses were brought back on cross examination, including John Justice and Albert Smith...Justice again described the beating Young took at the hands of Jim Coleman, and that Young threatened the Houseworth Boy(one of Gilman's sons) who was crying and trying to get his father home and away from the scuffle...." I am the best man in Waldo, say what you please, do what you God Damn please, and I'll rip their damned guys out, and I'll stay with you as long as I can".

Andrew M'Cluggage testified that he saw a hatchet in Coleman's hand but did not see him use it, but he did hear someone yell "Kill him, God Damn it, kill him"...he saw Young drew a pocket knife and said "If you come on me again I will cut some of you"....he testified he was Young's brother-in-law(I am assuming from one of Enoch's sister, since he was not a Houseworth), and had come from Pennsylvania about a year before.....

Next to testify was S. B. Houseworth...this would be Maish Houseworth(see previous posts about Maish from October 2007), Maish testified he was a "cousin, by marriage" of Youngs....He also testified that he saw Israel Bensley take a weight off the counter, and the merchant told him "you better leave that weight on the counter", he also testified he saw someone take out a new hatchet, saw Young get up after being knocked down, and saw him return.....on cross examination Maish was asked if he was drunk....he said "No sir, only too two drinks, and that was in the forenoon".

The Houseworth Boy(again no first name but the paper sighted him as "The Little Boy", probably leaving out Aca who would have been 14 by this time), young Houseworth recalled that Uncle Enoch was down, but did not know how many men were holding him.....next up was Maria Houseworth Young, Enoch's wife and sister of Gilman....the prosecution objected to having her testify and that was objected to by the state....and sustained.

Saturday's testimony continued with seveal doctors testifying to the condition of Young and any damage that the blows he received may have caused. Several other witness testified about how much liquor Young had or had not consumed during the day....Enoch also testified that on February 25th "I was talking to Eccles about trading horses-a little fuss before this-I took no part in it, only to take Houseworth away-I don't recollect anything more after I was struck, do not know who struck me, it was in front of the Jew(hardware) store: recollect nothing more until the were washing me, I had no intentions of injuring anyone".

Court resumed on Monday June 211, 1880_________

Judge Beer was still on the bench as the 7th day of the trial began. He stated if needed they would have testimony at night, so as to get the trial through on time....on Tuesday(day 8) court convened at 8AM...the coroners once again describe the use of hand tools on the skull of murder victim Israel Bensley....tools used to dissect the skull and look at damage included "hand saw", and "mallet and chisel".

The Marion "Star" went on to describe the 4 hour opening for the defense by Captain Scoofield, and how hot that June day was...........especially with the trial at a critical point. They wrote that Young's wife(Maria) and young baby(this would be Perry Young, who was born with his dad in jail, less than a month after the murder, more on Perry later in this story)...stayed at her husband's side until after Scoofield's presentation.....by 2:35 in the afternoon it was the state's turn to address the court, it's presentation lasted about 2 hours at which time the case went to the jury.

Next up! THE VERDICT!

{photo} Entrance to Waldo, Ohio, Town Cemetery...where many a Houseworth, Bensley, and Young, are buried.