Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1861-11-30

NNaAAN| - I
sAY AftsrnOon's Edition.
THE CITY,
s
- b, eJRsp6Fted fof the LeadeSI SEQ
E Trial 81 Kursf, the VElfe-Krler.
SECOND DKY-Nov. 9TH.
Court opened atsa O'Clock, pursuant to
adjournment. Prisoners counsel declined
"a siais ne grounds upon which the de-
tense would bo based at this stage Of the
elsa Most Of ths morning session Nss
consumed in agreeing upon the facts TO Be
susbodicd in tls Bill Of Exceptions sub
aassd by the defence, upon alleged irreg-
ularilies ia the proceedings Of yesterday
in the matter of snpannoling and ohal-
lenging jurors
srfsh Z. Mcneil sworn. Reside ct Pen
insuls, Boston Township Summit county.
Il n heonalhted With defendant Henry |
Kursi. Knew his last wife, Mary Kurst
Rave seen her frequently. [Witness here
examiped map Of Reniusula and pointed
out location Of places 70 jury. ] lived
some fifteen rods from Kursts house. hs-
t Is dead died iho l4lh 81 May,
1851. saw her carried home from the
sohoolhoaso, and helped o lay her out
abaul midnight Of the l4th Of Nay. She
and her husband, the defendant, had lived
together most Of the time nearly year
previous 70 her death. They had moved
into the house occupied by Hurst at the
tine Of his Wifs's death, about three months
before. le had her in his house q week
bsfOrs their marriage. They lived unpleas-
snily together most Of The Gns. Hurst
drove her from home about two months
altar marriage. She went to Doctor Cham
bsrlin's, who is 3 German. She was Ger
man also. Stayed several days. Prisoner
went after hef. aud tried 70 gei her 10 80
back hoH.s. She refused, but finally went
back. Their difficulties we're then worse
thaa .hsfore, Had trouble about money
she cl4lmed he owed her. He Was finally
arrested for assault and battery on his
wife. She then LETT him, but returned by
his persuasion. Their quarrels were now
renewed, and were more violent than be-
fore. she left hin again about three
weeks before her death. He had treated
her badly before she finally left him.
Heard her on one occasion call Brady 70
come into the house, saying Kash (the
prisoner was 50 called generality Is trying
70 Kill ne" Brady went With club In
hand and stopped the quaFrel Prisoner
tried 10 keep him out. Next evening they
Quarreled, and went out 10 call her up.
sbs vas standing outside the gate. Hurst
said he would shoot her, or anybody else
Who should try to comeinto the yard. She
vent of Rnd stayed that night; he stayed
q home. Next morning she went TO Fred
eTick Boyce's, where she lived until the
time Of her death.
CrOss-examined. Defendant is German
but speaks English 80 also does his wife.
Both Of them spoke 10 me in English.-
When Brady was called in prisOner said he
Wat't doing anything. Could hear them
Eght and quarrel often; saw her run out
house on one occasion.
Louis Wilkie, sEorn-l live one good
milo from Peninsula; lived there i've years.
Know prisoner well; knew his wife; at first
they lived well; after wards they quarrsled
and he used her bad. He used q club on
her, making braises on her head, shoulders
snd legs. Prisoner Wantei her to sell
whisky and make it come to Sl8 per bbl.
Said she sold whisky and kept the money.
She had SIS when they were married; both
Of them told me 60. Defendant told me,
aYou must look out for me, kills my wife
any fima9 Said he must kin her for he
had had to pay S27 costs, and she had sto-
len his money. Said he would kill her
with knife or gun or with rat powder.
~ gain said be Wpuld give hor coffee with
poison IN Il, and he would drink some
without poison, and then she would 60 to
sleep and never wake up. This was after
trial for assault and battery.
Cross examined-I went to Cleveland
once with deceased to see about getting her
boy from the old country. Hurst wanted
70 20 but she was afraid to 90 with him.
We stayed there all night; slept in the
same room indifferent beds. Did not tell
anybody We we're husband and wife. Went
10 CrOuss's first, bat went to another house
70 stay with q friend Of Grouse. Went
home next day; deceased paid the BILL
Went up the canal and stayed ct Lambs
nsxl night ID
James sesley, called-KneW Mary Hurst;
saw her Sunday before she died; she had
commenced suit for divorce before. Pris-
0neE said be would stop her from getting
his money; he would kill or shoot her the
6Ist chance he got l Was in front Of Eyer
iey's drilling with home guards on l4th
May. A boy came running up and said
aKurst had shot his wife," We broke
ranks and went after prisoner; found him
in gully under some hemlocks near Weter-
mans; he had shot gun; found shot bag
and powder horn near. Witness examined
snd identified the articles, and said they
were Kurst's. Also a broken gun which
he said was broken st the time of arrest
by Jchn Crissick. took charge Of the
body Of Mary Kursi; kept it day and 3
night, ct the request OF Esquire Boodey.
She vas buried next day; post mortem ex-
animation was held that day.
sexamined.-Found prisoner from
report of his gun. Heard Il twice. Found
him lying on the ground. Orisick kicked
defendent once or twice when ne came up,
think some one threw two OF three stones at
prisoner, don't know they hit him, At pest
morlem examination prisoner said Soldiers
shot him and his wife. Appeared TO be In
misery.
Frederick ". Boycs.-Deceased was work
ing at our house when killed, and had been
tor some time.-Kurst came different times
and quafrslsd with her. Was there the same
day she died. Accused her Of stealing his
money and clicked her. She went down 70
Peninsula and prisoner left our house very
mad, shaking his fist and said, you shall seei
y0u shall seel
Gross examined.-TTo new cotton shirts Of
3 lis were afterwards found At our house hid
under a basket.
Court here adjourned until Friday 10
o'clock A. n
The prisoner was very noisy and bolster
Gus during the proceedings to-day, shaking
bis hst at the witnesses, grazing his teeth,
and exhibiting 50 much violence that the
sheriff was obl ged TO take special care Of
him. 10 keep him in order and prevent In
jury