Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1859-11-23

mained in her helpless condition until Friday
morning forty y-eight hours-When the Sea Bird
took Eher in tow, and brought her TO waisky Bay,
where she now Is.
She has on board large load Of freight for
Lake Superior, cattle, provisions. &C. She was
drawing, at the time Of the disas er, ten feet ol
water. The engineer and other officers came to
Detroit for a new crank pin, II cold weather sets
in to prevent the return of the steamer she will
60 into winter quarters at Marquette or Grand
Iaand, and the crew will come through by land
The Sea Pird reports that much snow had fallen
along the lake shore, especially at Copper HaibOr,
where it was very cold and the snow oreaked un.
der foot as on the coolest winters dOy.
TIRE TRIAL OF BENHoFF.-THE DOVER TRAeE.
DY,-fhe following were empannesd yesterday as
Jury to try the case OF William Benhoff. charged
with the murder Of Frank weiger, in Dover on
the morning Of the oath of September, 1859
Joseph sIaight, East Cleveland; Elbridge. G.
Moore, orangei Geo. H. Kidney. John Martin,
City OF Cleveland; Charles Waters Euclid; VIM
Cane, Wairensville; Alexander Hopping, A. A..
Jewett, Phineas DaloG, Newburgh; Grove L
Heaton, City of Ceyelandi saml Brooks, New
burgb; Hiram McIrath, Encd
The case for the State is conducted by the Pros
ecuting Attorney, Loren Prentiss assisted by AL.
bert T. slade, the Prosecuting Attorney elect -
The Counsel for the Defence are M S. Castle and
o. c. B, Duncan.
The prisoner mas a dark iorbIdding look about
him, with nothing specially yillainous stamped
upon his countenance, The Court House was
| fled with spectators aud listeners.
The following is the substance of the evidence
as given up to last night.
Henry Windsor, sirorH-Lved in Dover at the
time OF the death Of Weigerj have known Beuhof
| for year and a half; had known Weiger Tor some
| time; he worked on house in Dover a year ngO
last September; during The most Of the time he
| lvGd with Benhoh my attention to the dead body
| Of FraBk Weger Yves called by Henry Starke on
the morning Of the Oath Of Sept he said Frank
was dead; starting TO 60 down TO Benhof's house,
(about 10 rods from my house) met Beuhoff; he
said some fellows "cOme there in the night aud be
guessed he got licking aud got dead'' he said be
was going up to the Squires TO see what to do
with Weiger, went on to the house; saw Weigtr 8
body lying in the road dead in front Of Benhoff7a
house; his hat lay near his head; he had ou pants
aud vest; did not examine the body, but drove
away four hogs that were eating she body; called
some men from neighbors and when came back
| fonnd the body was warm II had been rainy
n igbt; al axe was lying in front Of bis body the
the feet; there was gray hair like Weiger's upon
The head of the axe; went into the house, and
on the foOI was trace as OF body having been
drawn across II, from the northeast corner of the
room to the west door, in front of which Weiger
lay; IN this corner was bed on the floor; no bed
stead; the mark was from near the foot of the bed
TO the door; asked Beuhoif what this mark was;
he said he had drawn q box across there the nignt
before, but, said the witness, the mark was made
by something that as not hard, bat was wet and
drawn over dry floor; several days after, myself
and number OF Others examined the mark; found
that the dirt about Il was asbes which bad been
put there; near the fence, on the inside, saw one
clot of blood as large rs pea, in the path; when
first saw the body The blood was running from the
mouth and nose; there were some tracks from the
body to the house; Jag with whiskey Ia it was
lying near the body the next day we found q wall
let in the WELL
the one clot spoken Of before; Esq, Hall went 10
the house an hour or so after got therei he ex-
amined the body; was present at the inquest;
BenhOff was around up TO o'clock when leit;thC
body was buried that afternoon; the house has on
ly one room; saw BenhOh about o'clock the eve
ming before; do not know of any trouble between
them; think Isaw Weiger the morning before abon
O'Clock. r
Dr. Bradley, siOOFet.--Am physician Of Dover
went to whore the body of Weiger lay about o.
clock 10 the morning. on examination we fount
two marks upon the head which could have beer
made by the head Of an axe; there was hair cling
ing to the head Of the axe, which would eompar,
with the bair of WoigeIi applied the head OF tht
axe to one Of the marks upon the head aud II ht
ted II closelyj tho body was not cold when OK
nmiued itj the blows upon tho head would hav,
produced DEATH the Occipital bone was fractured
The witness showed the direction In which h
, thought the blow had been given. The bed cloihe
which were hero exhibited Ia Court the wines
bad found, In company with Esq. Hail. about q
rods west of Behhoa's house, Benhoif said hi
wife hRd put these lherej / saw Benhof the da,
previous TO the death Of Weiger not far from sun
down; he then said he had been to Esquire Hall'
to get him to 90 down to bis honse and settle uI
the difficulty between him aud Weiger; not 6nd
} ing the Esq at home he had offered tho Consiabl
, 90 centP II he would 20 down and make Woige
psscesblei Constable Hurst said he would not "a
and BenhoG then wanted mo to 20 with him;
could not 90, and told him to spend the mig ht viii
soms neighbOr's and In the morning 1 would e
with him and have the matter settled; he said
he could not settle the difleulty "he'll go dead
Cross e1GniHed.--Thore had been difficulty be
tween the two, from Weiger claiming the house Q
Beuhoh bseaase tho latter had not paid him 70
labor done upon u In consequence Of which b
could take possession Of the house at any time
dOn't know how long this dlfioulty had existed;
had learned u from ksq. Hall a day or two before
there was little or no blood from these woands.
DR. N. Moore sioOrH-LiYe In Dover, knew Ben
hot, but not Weigeri was called TO see the body
but little blood was apparent about II, saw wate
was In the gutter near where the head lay / saS
the body about or 20 O'Clock ia the forenoon
D should think Il had been dead from o 20 hours a
, that timej think some Of the wounds on the hea
were made with sharp insttument, or the edge {
blunt one; these were on the left side Of the head
aud were not necessarily fatal; there were Othe
wounds on the back Of the head, by which ID
oceipitsl bone was fractured; The person struo
D was probably lying down. the blows would hav
= caus d death by concussion; saw 10 bruises upo
the body except those upon the head. it
CTOsS EramiHed--I thiak the sharp cuts an
= the heavy blows which probably eansed the deatl
? were made with different Instruments: there weF
four or Eve Of these small cuts.
HeHfy Sldfkc siBOTH--BaW ihe body about
3 o'clock 40 the morning; BenhoR had told i'm tins
. Frank was lying by tho road dead, and II be didn
believe Il TO 60 and see for HIMSELF did 10; an
went away and then went back; the body was 1
q the same position AZ at lrst; BenhOn said he di
D not know bow Weiger came 10 bis DEATH BenhO
felt In the pockets OF the body aud took out Of on
OF them wallet Ia which was some money, whic
he put back saw Benhon and his We In the hons
the FIRST time he WAS there
Thomas F0Ofe fi10Ta-WaH summoned 10 81
y upon the COiOner's Jury; saR one spot OF bloc
= near ihe fence; examined The streak onthe hool
4 found aahes and blood mixed, on soiaplog With
+. kniie On the wall OveF the bed In the north eal
|, corner were apots Of blood, apparently spsitere
II there; Il was on both The north aud east sides q
o the corner; there were good many OF these spot
1. the appearances was as II blood vessel had bee
I suddenly cut or bursti the head Of the bed wa
towards the north wall the bed was made Up O