The Cleveland leader. [volume] (Cleveland [Ohio]) 1865-1865, 1865-08-15
The BEDFORD MURDER.
Examination of Russell Con-
Guided.
Ie IscHARcEp

Quite q large crowd gathered at Court
Room No. 8 at ten o'clock yesterday morn
ing, to listen to the remainder of the testi-
moDy to be offered in the preliminary ex-
animation of Oscar s. Russell. The prison
er was brought into Court, when the Pros
ecuting Attorney, C. W. Palmer, ESQ., re-
ouested the Court TO order in DR.. Hughes,as
he desired to put q few additional questions
10 him. The prisoner was Immediately
brought in. He looked fresh and not st all
worn. he appeared to be in 3 pleasant
frame of mind and in good spirits. He was
dressed very neatly in black. and had the
bearing of q man of good breeding. Taking
the witness stand he was cstechized and
made response as follows:
Q. Did you at the Frsnklin House, on
Tuesday.night or Wednesday morning, in
troduce Mr.. Russell to Landlord Salisbury
as Major or Colonel?
A. / do not remember.
@. Did you call him Major Hanson in the
presence of Mrs. Parsons ?
A. Not perfectly sure whether / did or
did not. Don't know q man Of the name of
Major Hanson.
Q. Don't you know q man by the name of
George W. Hanson2
Objection was here made as the question
did not concern examination in chief, and
the objection was sustained.
@. Who composed the Crumb fsmily2
The family of Crumb embraced Mr.. and
Mrs. Crumb and a daughter Mary. The
latter was at home on Wednesday. l
might have seen her that forenoon but am
not sure. I had known her several weeks.
~ H--kT-- a-0EHs hnUa IUad
in Cleveland twenty years, known
K1sseII intimately years. Have never
seen or heard sught against his character.
]. B. McFsdden, sworn l have lived in
Cleveland twenty years. and known Rus
sell two years; have never seen or heard
anything in his disfavor. Am on quite in
innate business terms with him. He kept
a saloon on Euclid street, then went TO Buff
falo and staid nearly q year, and returned
last spring, and opened a saloon where it
now l.. He has 3 wife and family.
Jacob SWartzenburgh, sworn Have
known defendant intimately two years,
and he has had the reputation of being q
peaceable man. Drink does not make him
quarrelsome.
Robert Paine, sworn Known Russell
about two years. He has been a very quiet
man.
Thomas Andrews, sworn: Have lived
here twelve years, and known Russell two
years. Have never known anything
against him. My place of business was
not near him, but I have seen considerable
of him.
ORR Carr, sworn: I know only one road,
and hat is the Newburgh road, to Bedford.
Didn't know the road farther han New
burgh. Hadn't been to Bedford for eight
years, and had forgotten the way.
After q brief consultation with defendant
his counsel informed the Prosecutor that
they we're willing to submit the case with
out argument to the court. But the latter
desired to state his views Of the law in the
case, and claimed,
1. That it is the duty of an examining
court not TO discharge the prisoner simply
for the reason that there are such doubts
from the testimony as would proven. 8 con-
viction on q final trial, but should hold the
prisoner if his guilt appeared probable
though not entirely certain.
2. That if the testimony shows that
Russell participated in the deliberate pur-
pose of Hughes to kill Miss Parsons, and
he was present actually or constructiVely
rendering, or to render, aid to accomplish
that purpose, he should be committed for
the principal charge.
3. That if Russell never participated in
the purpose to kill, yet if he and Hughes
started from Cleveland for the purpose of
committing any unlawful act, be Is the alb
duction of Miss Parsons, or procuring her
to live in adultery with Hughes, or any
other unlawful act, and while acting to-
gether in the commission of such unlawful
act, the death of Miss Parsons resulted,
even unintentiODally on the part of Rus
sell, still he was guilty of, and should be
held for, manslaughter. The Prosecuting
Attorney cited Nichols Us. State, 8 o. ST.
Rep. ABS, and Hsgan rs. State, 10 o. st.
Rep. 459.
He was followed by Judge Andrews, who
claimed
L. That the defendant being charged with
murder in the first degree, the prosecution
must prove upon him n purpose maliciOusly
10 kill with generalization and elaboration.
2. That where the proof shows that the
killing was not done by the defendant, but
by another person, and that the defendant
is chargeable only as an alder and sbettor, |
il the killing was done purpOsely an of
deliberate and premeditated malice, the
defendant cannot be proved guilty of man
slaughter.
3. That where two or more persons are
engaged in the commission of an unlawful
act, and a person is uniutentionsuy killed
by one of them, the other cannot be con-
victed of man slaughter, unless the killing
took place while they were actually in the
commission of the unlawful act.
4. That no person can be convicted under
our law as accessory after the fact.
On the conclusion of the statements of
these gentlemen, Justice Kobe sdjourned
the court until three O'Clock, at which time
a considerable number of people assembled
to hear the decision of the court. The JUS
tice gave a rapid summary of the case, and
finding no evidence in the testimony taken,
that Russell knew of Hughes intention to
take the life of Miss Parsons, or was in any
way connected with him in that transac-
ton, other than by the accident of being in
his company, he felt it to be his clear duty
to discharge the defendant, which no &C
cOrdingIy did.
Russell evidently felt a tremendous,
weight thrown off his shoulders aad a gen.
eral sense Of relief. He was salu.ed by
many and congratulated both by words and
hearty Misunderstanding. This experience will
probably be a good lesson to him. DR..
Hughes was agsin taken to jail. His trial
will not probably com off until the next
term of the court, in November. 5f ge
VAN AHBURGK's ACKNOWLEDGEMENT |
spectatOrs were yesterdsy attracted toVan