Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1864-04-28

The examination Of Charles EbiDger, q
member Of the S7th GERMANY Regiment, for
being accessory to the murder of John George
Fay, in the house of Auguste Fay, on St,
Clair street, on Tuesday, April 10th, took
place in the Police Court, before Judge Hes
senmusllsr, yesterday morning. ]. C. Gran
mis-, City Attorney, and P. A. Collier, appear
ed for the State, and Charles Arnold for the
defendant.
As the defense admitted the facts of the
killing Of Fay, as proven in the examination
of Udesh, a large number of the States wit
nessss we're dismissed without examination,
having been recognized to appear before the
Grand Jury. The remainder were examined.
They were Augusts Fay, John P. Hoffman,
NJ. Kraus, Adam Wolf, F. Groeningsr, F. H.
Fischer, Policeman Kerr, and John Erich.
Their version of the facts Of the ARRAY coin
oidsd with the testimony in the examination
of Udech, which We published on Tuesday.
1t showed that Ebinger was with Udeeh dur
ing both visits to Fay's horse, and subsequent
to the affrsy, though no witness svore to see
ing him in the room at the time of the affray.
The testimony showed that immediately af-
ter the ARRAY, Ebinger claimed, rather boast
fully, a share in it. Groeninger testified that
Udech said to him, referring tOFay, owe laid
him out" whereupon Ebingsr said "I did
it" at the same time pointing to his bloody
breeohes. F. H. Fischer testified that Eb-
ingOr said &c pitched in too" and showed
the blood on his pants. John Erich, living
on the University Heights, testified that
Udech and Ebinger met him on coming out
of Fay's, and that Ebingsr said to him, awe
had good fight in there" and narrated how
Udsch's pocket book had been stolen, and
they had gone after it, how he (Ebinger) had
given Udeeh knife, how, after Fay had
been stabbed, he gave up the pocket book,
and how after that, he (Ebinger) threw one
of the Fays down, snd-to use his own ex-
preston" gave it to him for keeps"
These expressions of Bbinger's must be
taken with allowance. Some CT them must
be the mere vapOrings of braggart-and
the latter of them, at least, is oontradicted
BY the testimony given in the examination of
Udech.
The policeman who arrested Ebinger testi-
fed to having arrested him, with ROdtbsr,
at Kraus' saloon on Fulton street, West
Side, and to finding large and small knife
upon him, neither of which were blood
stained.
The witnesses sgres that Ebinger had
stains of blood around the bottom of his
brseches. The general impression was that
both were somewhat intoxicated, Udech
moro than Ebinger.
The defense introduced the testimony of
Messrs. PfaIl, Liebland, ziemsr and
Long, who swore to having known
the defendant and to his general
psaessbIe character. They also introduced
the testimony of Jacob Udeeh, who was
brought from the County Jail for the pur-
pose. Before he was examined he was eau
toned by the Court to answer no questions
which would criminats himself His evidence
threw no new light on the subject, save that
he denied that Ebinger had givea him any
knife. He testified that Ebinger had Dragged
Of having knocked one of the Fays down,
and had shown the witness an open knife,
which he afterwards put in his pocket.
John ROdthar, one of the companions of
Udech, was called as a witness, but did not
appear. 1t is not known where he is.
The defendant was held to answer to the
charge of aiding and abstting murder in the
first degree. No bail was admitted, and the
prisoner was yesterday taken to the County
Jail.