Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1859-09-30

| OF william Benhoh, Tor the murder Of Frank
WegeT, at Dover, on Friday night last, was held
yesterday before Justice Benham Prosecuting
Attorney Preutiss conducted the case fol-
the State, and R. NJ. Davidson, Esq, appeared for
the defendant The case of course, excites the
greatest interest and we give below the substance
Of the evidence adduced
The defendant, BenhoT, Is o repusiYe looking
man, having an extremely retreating, low fore
head He sat in the Court apparently unmoved
generally cllmly looking upon the witnesses and
occasionally giving a sudden start as the evidence
was brought out
Henry Winson sworn-Have not noticed any
special difference in the conduct of the defendant
within the past two or three weeks to indicate in.
sanityj | first heard Of the death Of Weiger from
Henry Starkey; he told me about o'clock In the
morning that Weiger was dead; l did not 20 dl,
rectly TO the place where be ayi soon after, as 1
was going to the place, the defendant also told me
that Weiger was dead; he was then perhaps 80
rods from the body; the body lay at the foot Of
the fence, the head toward the road; ran away
for assistance; on going back examined the body;
found five cuts on the head; they were about one
inch aud half long, and back of the ear on the
right side found four hogs knawing at the body
when first saw il; Mr.. Hall came to tae place
about 10 ool, ck on going TO the house found his
wife and little girl.
saw the body of Frauk Weiger by the side of The
road, across the walk, the body lying on the rpht
side; it was bloody, but the blood was rot running
then; there was large wound back of the right
ear; did not touch the body, but went with Ben
hoff to his house; Benhof first came TO my house
and told me that Weger was dead; that was about
sunrise, before was up; he said that Frank
Weiger was dead; thought he was joking, but he
stuck TO it that 1t was so; he said somebody hsd
killed him, hut be did not know who; | first told
Mr. Winsor of the death after Benhoff tod me.
Cross EXamined.-Haye known Weiger since
last fall; he lived ia the house with BenhOa saw
him on Friday night last ia different places; saw
him last about 5 O'Clock in the evening. have
known BenhoH for nine or ten months; Benhof
sold he heard voices out Of doors during the
night; After Benhoff told me that WeiRer was
dead, 1 went directly back with him
Direct Examination resumed There was an axe
lying near the body, close by 1.-THE axe was here
exhibited in Court
DR.. Bradley Sworn~-Ama physician 10 Dover;
l saw the body Of Weiger about o'clock Saturday
morning; it being as before stated, the head to the
east toward the gutter "a diagram of the position
OF the house, fence, road and body was here ex-
hibited) made an examination of the BODY the
blows had been given on the head; one was on th
left side near the base of the skull; another was
just above it, the bones being fractured; these
blows were from the head of an axe; placed the
head OF the axe upon the wound aud il fitted ex-
actly; some hair was found upon the axe; the up
per blow gave compound fracture; should think
the blow was struck upwards the TEMPORAL bone
was fractured about an inch in length; there was
an indentation of the bone; think il was broken
In by the blow; the blows would have produced
death in the case OF any person; when we moved
the body there was discharge OF blood from the
ear aud nose; should suppose the body had been
liteless as much as six or eight hours; the blows
would produce death nearly Instantly there were
no bruises upon the body or upon the back OF the
head: the blows were very hard; ! should suppose
/ the blows with the axe were given with both
hands.
Cross Examined think the blow was not given
and the death struggle was not had upon the
spot where the body was found; there wore no
sgus Of any struggle footsteps about the place;
In my opinion there was no sharp instrument used
about the head, but all the gashes were made by
two blows with the head of the axe; a fracture Of
the occptal bone would cause death without com.
preston Of the brain; think the deceased must
have been in lying position to have received
these blows.
Direct Examination resumed Tho night before
the murder, Benhoff came up to my house. and
told mo that he had been up to get the Constable
to go down aud get Weger TO be peaceable, and had
offered him halfa dollar he would gO he couldu I
get the Constable aud wanted me 10 90 advised
himif he was afraid OF Weiger, to take his wife
and go away 10 spend the night; he said If they
dont go down TO take care Of him, he will be dead
sure" the most that he complained OF was that the
deceased had gone into the house and kept him
lBenhoii,l out with an axe.
Cross Examined.-B Benhofr said to me in refer
ence to Weiger The keep me wife and child, and
take an axe aud keep me out
| Henry Heokeman sworn-Have known BenhofI
and Frank Weiger Benhof said about tgo weeks
ago that he had right 10 kill Weiger, because he
would not leave bis wife alone; on Saturday he
told me that could work with Weiger now; that
| he vas killed.
Cross Examned-The first remark was made in
Benhoif's shop, where had gone Weiger and |
had taken JOB of work to do together; Weiger
told me at one time that II Benhof did not pay him
some money on the house, the house would be
| his.
Mrs. ]. NJ. Hart sworn-I live In the next house
to Mr.. BenhOh, about quarter Of q mile OF. Two
weeks ago last Friday Benhoff said that Frank
| Weger would die within two week g. but he would
not kill him; lie was talking to the men folks at
our house about Franks getting married. he said
that II Frank did not get married be would die
within two weeks
Robert Hart sworn-Have known Benboff and
Weiger; have heard Benhoff say that Weger would
go dead In less than two weeks, but he would not
kill him.
Benson Bradley sworn-Am son of Dr. Rradey;
last Friday night BenhoT came TO our house, and
asked father TO 20 down 10 keep Frank STILL said
that II somebody did not 20 down, Frank would
be dead before morning
John Gall swon-Friday noon Benhoff told me
that he wanted the constable to 20 down to keep
Weiger still; Esquire Hall had told him when
Weger was out of the house to mt his tbiuRs ont
Il 4
told him could not go, and he wanted my gum !
wOuld not let him have IT, not for $40 or $50; Sat
/ urday morning be told me tb9t Frank was dead
and be did not care II they put him at Columbus
this was at my house about breakfast time
Cross EXamined-Benhoff told ESQUIRE Hall
that bis wife was not faithful TO him, but made
| trouble With Weiger
Frederick Starkly worn-Friday afternoon Ben.
hon wanted me TO 60 and help me put ont Weiger's
things would not go, and afterwards his wife
told me Weg was gong 10 tear down tho. house
as Beuhon had put bis things out: then went
down with Benhon 10 keep Weger from tearing
down the house, be was ltauding in the door with
an axe, and went in; told Weiger he had better 90
TO aw--ii he wanted TO get his rights ho said ho
would go to Esq. Halls in the morning, but would
stay there that night with his THINGS he lived In
the same house with Benhof but he'd his own
things and cooked his own food he said that II
| Benhth came In the house he would strike him ,
Brnhof drinks some don't know as Woiger
drank any when ! went to the house WeiEer's
| things were set out Of the house.
Cross Examined-Weiger told mo OF ono time
that be brought BenhoGs wife over from Ger
many.
II. II. Nsimsr sWorn-On Friday afternoon Ben,
hof wanted me TO 20 down aud help put WeiRer's
things out Of doors. (This witness testimony was
merely coHobOrAtion Of previous Witness.)
j. H. Lindemier BWorn-Aboat ten days before
WeigeT was billed Btnhof came to my house
about a note which hS had given 10 Weiger for
bis house be said that Weiger was going to be
killed, but he didn't want bin killed then latt
Saturday morning BenhoG told me that Welger
was killed, but he did not know how be was killed.
only that the night before, about 1 o'clock, Wei
ger came TO bis house With some friends and want
| ed whisky jugj he would not give II to him, and
q short time afterwards be heard noise out doors,
and somebody said, "Benhof, don't come out -
| an he had NOT gona mt mill frorninO yhen l.