The Daily empire. (Dayton, Ohio) 1865-1867, 1866-09-04
The New Lebanon Murder.
Examination Before q. RTusselnlan,
Esquire.

Lebanon, in this county, had qg1pliminary
examination before q. Musselnan, Esq, at
New Lebanon, yesterday aiternhgh.
The testimony disclosed tho, following
hetsi That, on Friday last, august 81,
while the deceased was sitting In the kltch-
en- door ON the cast side Of her mothers
house, about thirty feet from the west side
of liornlng's hotel, (whcre Leslie boarded)
she was shot In the right breast, the ball
entering the right lung; that the ball came
| from the direction Of the hotel and seemed
TO have been fired from an elevated posi-
tion; the girl on being hit, exclaimed, "Oh,
Lord, ain shot" and In few minutes
died.
IL was further testified that the sound of
the pistol came from nh upper room In the
hotel, In which window was open, and
adjoining the room occupied by Leslie.
| We extract the following from the Jour
DsNs report of the testimony;
: Mr.. lI0rning. the landlord of the hotel
te3ined.as follows; Was at Dayton on the
dH ofth murder Heard of the murder at
tRVhilFop my way back, When reached
ptffc thGrc was great excitement. Several
| gsked me where the prisoner was. ! asked
my wife, who, hold me that he had gone up
Stdrs about twenty minutes before the
IShgI wpe fired, and had not yet come down.
lIWent up stairs, ard raped at the door
1twice, beture receiving a reply. When he
came 10 the door he appeared TO have been
aslecp-asked him if he knew that some ras-
cal had shot Miranda CnylOrl lie appeared
astonishcd. aud Immediately / went down
stairs followed by him. The prisoner went
to the bar for n drink of water-walked
back and forth, and asked me If accused
| him of the deed. When the Constable said,
II arrest YOU" he said "By whose orders p"
Did not say much--is commonly avery still
man. | said to him that thought the one
who did the deed, fired from the west win
dow He made no reply TO this. l saw
powder marks on the window
David McCully sworn--Iive In New
Lebanon. ! loaned pistol TO the defend
ant on the 9th day Of August. Was of
the same pattern as this (the one being
presented said TO have been found IN the
prisoners trunk), had two loads In II when
| loaned II to him. When | asked him
what he wanted it for he replied that he
was out sometimes at night, aud wanted to
shoot dog.
Abram Gauvcy swOrn-The prisoner rot
some bullets of me last Tuesday morning
(2Sth ult.} gave him four or five. Said
he was going 10 make n billy or sllngshOt.
Have heard him speak of the deceased both
taVorably and untayOrably. lie gave me
some musket balls IN exchange for those |
| gave him.
Henry Conner sworn Acquainted with
deceased aud prisoner. About two weeks
since saw the prisoner ut Hornings. We
were rigging each other; said 10 him,
''Joe, I'm going over To see old mother to-
night, and your duck" He said, Conner
there viii something happen in this town
that you've no idea OFF | said, Joe.
what is thaty' You'll both hear il and
see IL" answered the prisoner.
Cross Examined--Dy saying that some
thing was going to happen, | thought he
meant that he was going TO elope with the
girl ana marry her.
Geo. B. Gauvcy sworn.---Assisted in ar
resting defendant. He asked me three or
four times what he was arrested fox, al
though told him on his first inquiry.
After ilorning came down stairs, and
rnpping NJ the door of the prisoners room,
the prisoner accused Iiorning Of accuslng
him (the prsoner) of being guilty of the
deed. llorning denied this, ny he had said
nothing that could be SO construed ] ex-
amined the window, found powder marks
on the lower sash, and on the sill.
Cross ENamined- Inquired for the prs-
oner before the deceased had cxpired-had
suspicious of him. IL was the general be-
llei that the prisoner was guilty of the act
| (This pistol being handed him he believed
| that one of the loads seemed TO have been
discharged recently, that II was loaded
with round Lalls, the same ms those fur
nishod by Abram Gauvcy.)
sarah Critzer--Sevcral weeks ago asked
the prisoner, how the deceased was and
he answered that she was all right. Said |.
"Ed warmers cut you out" lie replied
that if lac couldn't have her, nobody else
| should.
Cross eXamncd-This conversation at
Critters tavern. thought he (the prison.
err meant that he would run away with her
and marry her, as had heard the old lady
(mother of the deceased) was opposed 10
him going with the deceased.
James q. Tobias sworn-Am acquainted
with the prisoner. Saw the powder marks
on the lower sash aud windOw-sill: also am
abrasion ON the lower sash that might
have been made by drawing the revolver
back. We took the direction according 10
the marks on the window sill, aud found
the objective point 10 he the door where the
young lady was sitting.
EDWARD warner sworn--Am acquainted
wlth me prisoner, and was also acquainted
with deceased Have been going TO see de-
ceased. was Intimate with her. Had been
talking of arrangements for future alli-
a%nee' % was with her Sunday night week
Squire Burnet testified that the pistol
found In the defendants trunk resembled
the one In Court.
Dr. Wood was recalled, and produced the
ball which caused the death ofthe deceased,
the body having been dlslntcrred. Bali
found imbeded In the fifth dorsal vertebrac
OF the back bone. Also testified that de-
ceased came to her death by said ball fired
from west window of hotel.
The case was conducted on the part ofthe
State, by Warren Munger, Esq, Prosecuting
Attorney. Howard q Son were counsel for
the prisoner. No testimony was offered for
the defence, aud the case having been sub
mitted without argument Justice Musse-
man held the prisoner over 10 answer at the
next term Of Court, and he was accordingly |
reminded TO Jail.
MARBLE HALL REsTAuRANT."-On Thurs
day morning next John Gengnagcl will |
open hsnew Restaurant, on Jefferson street, |
between Second and Third, In the room
lately occupied by the "Bank Exchangc."I
a splendid lunch will be set at ten O'Clock,
at which time all the luXuries of the season