Burlington hawk-eye. [volume] (Burlington, Iowa) 1845-185?, 1845-06-26
TRIAL FOEs MURDER.


and STEPHEN HODGES, who were
indicted for the Murder of John
Miller, on the 10th of May last, In
Lee County, took place before the
District Court of Des MOines Coun-
ty, on last week.
The following jurors were empan-
neled on Monday:
David Leonard, Ell Walker, Robert
Mickey, James Snow, Isaac Chandler,
Vincent Shelley, William Bennett, joel
llarcrove, Moses b. Mutt, John Smith,
Thomas Stout and John ID. Cameron.
David Rice was sworn as Baliif and
charged by the Cours to keep The Jury
together al all times, and not to suffer
any one To converse with them, except
i'll his presence.
On Tuesday morning he Witnesses
on both sides were called aud sworn,
aud on motion of the counsel, were
placed in The charge of an officer with
directions not To come into the Court
room, or within hearing ot any witness
while on the stand.
L.. d. Stockton opened the case to
the jury on the part o! the Unite"
Stales; +. D. Mills replied for The de-
fence. The prosecution proceeded TO
call their witnesses and introduced
Jacob Risser.-I am a son in'law ct
John Miller and lived at I.ese's. We
went to bed about ten o'clock on Satur-
day nigh, May l0ih, fastened The door
by a Ia,ch:-about half past eleven
heard noise in HE house; opened my
eyes and heard striking and shot
with pistol Jumped out OF bed:
expected nothing but murderers; saw
the struggle between Leise and Miller
and the men; knew them by their being
in their shirts.-l heard another SHOT
and saw Leise fail, and went towards
the door and nothing more was seen.
After all was over found Mr. Miller
outside of the door, abou, Ave feet from
The door, on The ground; he 'cas dead;
lying with his face 10 The house; he
was lying more on his face than his
side; he was stabbed in his lefl breast;
had bad blow in his forehead, and
blows on his head and on his body.
Describes the position they lay IN y
There was ligh, in the room when |
awoke, bu, just as | awoke the light
went out. We had just moved into the
house about two weeks before from
Ohio. Mr. Miller came with us; Mr.
Leise came with US; he had gone to
Ohio in winter; he was sonln law OF
Miller; had been married about two
months in Ohio, and came with US
Miller was abou, So years old; was a
Minister. Leise was shot in his right
breast; had cut with a knife on his
skull about an inch long; through the
skull: had cut with knife on each
shoulder blade; had also cut across
back of the neck The wound iii Mil
ler's breas, was with large knife; the
wound was wide as the two fingers,
and deep; had a wound on back OF the
head. Le;se lived three weeks and
two hours after tina, night. go, aview
of the persons who broke into the
house, but not such as TO recognize
them. noticed that they had dark
colored faces; not natural. | think
only saw two. They left three clubs
and cap; think should know the car
if / could see it again. They did no
say anything. Father called my name
and that was the last word he spoke
1t is in Lee county, near three mile:
from Yves, Point. The neighbors art
Conduit. Olives south across the creel
abou, J mlle) Abel. &c. alarmed sh'
neighbors; Jacob Abel came first; Abel
son went for the Doctor at Yves. Point
Miller's name is John. On Thursda,
evening before, man called at Leise' 5
asked for cattle and drink of water; en-
CURED the road for Fort Madison; sal
he had about miles to 60 home; h
a came across the field from the creek
the back door and asked water, &c
ssidhe was looking for oxen; describe
the woke OF oxen; the man was 10
cradle young man; fresh looking face
don't particularly recollect his face; ia
palm leaf hat; was little higher than
am; did no. tell his name; went OFT d
rectly.
Cross Eea,nined. We had been
the house two or three weeks fro
Ohio; Leisi and myself had been
Franklin that day and came home at
mast s: got supper and talked awh
and went 10 bed, think ii was past
when weswem TO bed; when awo
the struggle was going on in front p;
of room opposite our beds; can, L
where the ligh, was; as first awake
saw the persons did not look natur
the ligh. was put out almost directly.
1.-The front door was on the north
another on the south of The house.
There was little ligh. in the hou
when awoke; when stood a, The
BILE, the shot was fired that came ne
me; it passed through my shir. slew
DON, know whether Leisi had one
the men down or not; Leisi fell in /
corner; after they were gone lput lie
OH the bed; he could not sit up; then
wen. on, TO father. He had some lit
life; when was tending to Leisi I
women got up. When | came in fro
Mr. Miller | made light. II is ratl
a quie, place where we lived, peol
seldom pass by. My wife was ava
when awoke: she tried 10 pull