Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1859-11-24

told me that be struck Woigef twice with IN axe,
but that Weqer had 90 axe 10 bis hand and be
supposed be was going 20 strike him, (Bonhoij)
he struck Weiger on the head with bis nxej he fell
on the bed, and tbink Benhof said be then struck
bin again, be then took the body and laid It on
the fsnce; Benhof said Weiger stood In a passage
way that be (B.) wanted to pass, bat being afraid
Wegor would strike him with bis axe, be struck
Weiger on the head
Cross -eramiHed. Wines did not reoollecl but
that DeuhuG said that when Woiger drew bis axe
upon him, he (Weiger) said "NOW wen fotue that
diheulty;" do not remember distinctly all Of this
conversation, and Benhof may have said this; do
not recOllect that Bebhoh said there was any talk
between them, when the blow was struck Ben
hof said that Weiger was not dead when he took
him out to the fence; do not feeoilect what Ben
hoa said he did after laying hm on the fence; this
oonyersation was before the examination before
the magistrate, and not before, as stated. ..
Here the evidence for the prosecution ended and
the defence called their witnesses.
DR.. r. s. Strong, sieorn DO not agree with
the physicians who have been called as to the ef-
focts Of such blows 90 we're upon the back Of toe
head; / think such blows given by persons Btand-
ing, might end probably would cause death.
Hcgiry Nehmne Si5Orn-Live at Dover; have
lived there a year aud q half half a mile west OF
Benhoh7s; was acquainted with Frank Weiger;
have known Benhotf Tor five years; Benhoh and
Weiger lived together sbout a year. the night be-
/ fore Weiger was killed | saw both at Benhof's
house about hali-past six. Saw Frank Weiger
with axe in one hand carrying his things into tbe
house, Benhon stepped into The house and came
| right out again and wanted me aud Henry, aud
Frederick Starke 10 go up for the constable; the
little girl weut intj the house 10 get some straw
for me to build fire with In the shop; Weiger told
| her lie would knock her down with the axe II she
went in; told him would knock him down Il he
/ did we then w, Mt in and got some straw.
Cross Eraniaed-FraDk said he would knock
the little grl down with the axe il she went iuto
the house, did net see Beuhoh when he came
back nom the constables's was in the shop
Don't Know whether no went into the house OF
not.
Mary Benhoff a little daughter OF the deiendent,
years old, was calledup, BUTTON not sufficiently
understanding the nature Of an oath, she was not
allowed TO testify.
Frederick Stdrke recalled for ths prosecution
l was standing by the side Of Nehmirc when be
asked the little girl TO go In and get the straw and
matches; did not hear WeiRer threaten TO knock
ber with the axe; the little gic go In for the
matches and straw; heard no talk as she went into
the house.
Tho evidence being now closed the argumea;
for the prosecution was commenced by ALBERT
T. sLLDE ESQ
Mr.. SLADE commenced by defining the require
ments Of the statutes 10 show the existence Of
murder in the first and second degrees. He then
rapidly and briefly reviewed The testimony which
had been elected, showing its strong points and
the conclusions 10 be drawn from Il,
The Court Room was crowded through the Of
ternoon, as II had been through the trial, and
careful attention was paid to the able plea Of the
Prosecuting Attorney elect.
At the close Of Mr. Shades argument Mr.. Dun
can opened for the defense. The Court adjourned
to to morrow morning at half past eight
Mr.. Castle will close for the defense, when MI
Prentiss will close for the prosecution.