The Cairo daily bulletin. (Cairo, Ill.) 1870-1872, 1870-07-18
THE MISENltElMER TRIAL,
Testimeny or the witnesses.
fifth Day, July Isih.
EVIDENCE FOR THE PROSECUTION.

- ''H'''' y YIN u 10 IhoSEtl
Testimony of VIM 5. Hanners.-I live
I at DOngola; know defendant and knew
deceased was at II gathering at Gumps
and defendant and deceased were there;
it was dark when gotthcre; took part in
| the dance; | saw defendant and deceased
there; | heard some difficulty between
them about dancing; the rule Of dancing
was for Germans and Americans TO dance
every other time; at time of difficulty II
German dance was about closed AMI the
Americans were making up sets for a CO.
tillion; | saw that defendant said some
thing TO deceased that deceased did not
like very well; defendant wanted him to
stop dancing, and got mad because he
wouldn't stop; | heard deceased say that
he would not dance at all; defendant
wanted to fight; deceased said he wanted
no fuss; defendant threw his coat back on
his arms; deceased did not waltz Cope.
land and myself walked out 10 the road
when we got to the fence defendant had
pulled of his coat and put 1t on the fence;
] heard defendant tell deceased that he
better go home or get home or he would
whip him or words Of that kind; no one
was with me but Copeland; no is now in
Kansas; deceased was about 80 yards out
side fence when remark was made I was
| hNhNSN W wien Uc 11ldQe tine re-
mark; after defendant crossed fence he
went toward deceased; I saw:him pick up
q club three or four feet long / did no, see
what he did with il /; 1 could not see thirty
| yards / heardsomo noise some parties
went out to where they were l next saw
deceased on Monday, l think / said no.
thing to him there was n wound on one
side of the head; there was dent in hi,
head; 1 did not see his corpse; l remained
at the dance until about 10 o'clock diff
Guilty occurred about o or 10 o'clock on the
cath Of April, 1859.
CROSS EXAMINED ny JUDGE ALLEN.
was engaged in dancing that evening
l heard difficulty between defendant and
deceased beer was for salc::at dance; ! did
not see deceased leave the house; heard de-
PENDANT say TO deceased that he'd bet
ter 90 home never had tho stick
in my hand; do not know what Kind of
wood 1t was; deceased was about thirty
! yards from defendant, when he picked UP
the stick deceased stopped Clemens,
Benton, Hoffman, Gully and others think
We're right behind defendant 1 heard the
| lick 1saw no more Of defendant or deceas-
! cd that evening; l would be liable 10 be
mistaken as 70 the size Of the stick three
| steps in the dark.
TESTIMONY OF FRANK McLAsE.
Itcside at Ullen lived at Dongola in
the spring 1906 clerked for defendants
father; ] was ut the dance mt Gump's de-
! PENDANT was there; l remember a diff
Guilty between defendant and deceased;
! first heard II between dancing hall and
house; heard defendant say that no wan.
ted 10 fight; saw deceased some time
ha kNa ,Al e.. L..
toward home from Gump's; no one was
with him; again saw deceased
between Gumps and Dongola about
two.thirds OF the way from Gumps Dr. |
| Williams was with me he was walking
slowly we were coming up behind him;
ne sat down MS soopnts We saw him l cx-
amincd his head, Mound large lump
on the back of M ID behind hi. car;
! do not think 1 to him DR. viii
liams examined ~ 3sad tho Doctor asked
him TO get up and he did so; VIZ passed
the place where he laid next saw him
ON n bridge, about sixty yards from his
nome we saw no person on the street, af-
ter we left Gumps We saw John Benton
| on the Bridge, when We got 10 the bridge
| deceased was about one hundred feet b..
hind u. no had no, been out Of our sigh,
| DR.. William, had conversation with Ben
ton on the bridge; hc left do not knows
where hG went Ia; hc turned to the left
| tins wa. about seventy yards
from Bentons house the deceased
! walked like mnu who was weak
! ! think that deceased was under the eilert
! Of drink could see it in his general appc p
aucc saw him on Monday in bed h.
acted ~ II suffering from pain | under
stood that he was inscnsiblc ON Monday;
saw Dr. Williams examine his head
CROSS EXAMINED.
was working with Lewis Misenheimer
at the time of the difficulty; the relations
of defendant and Diseased were friendly
! upto the time of difficulty; | was in the
passage between tho house aud platform
when difficulty took place; let the dance
about III o'clock ! saw deceased pass the
| house about fifteen minutes after the diff.
Guilty have frequently seen him drink
beer; did not sec Benton after the alter. /
cation until We saw him on the bridge;
Peter Hotimnn's cvidcnce.-I live AT
Dongola; ! know Abraham Msenheimer.
Jr,; knew Joseph Dammermu,h, 1
knew deceased for IL years; he worked for
me Tor three wears at coopering; | was
! present nj Gump's in April 1859, at "A party:
my folks went with me; deceased worked |
for me on that day; the gathering wn. n /
dance; did not dance; deceased did |
dance defendant was there; | noticed de. |
PENDANT there when deceased was dancing,
no was dancing 10 music deceased and
partner were waltzing; defendant wanted
deceased to stop dancing for To dance "A
cotlllioni deceased said to him Ia come
along and dance, but defendant said he
dlu not want to dance polka, that he
wanted to dance cotilion; So decea.sJ
left the floor and said that he would no, De
m his way any more; deceased left the
room and went out TO got a glass Of bee;
the counter was just on the outside of the
icndant made when deceased said he coulJ
dance rs much Us he pleased
defendant came ont 10 the counter and said
that ho would knock his polka out of M,
head; deceased replied, I will have mo-
fuss and will 20 home; defendant replied
that he could stay for all tina, no cared
DR., Hames asked: defendant to take a glass
Of beer and keep quiet; defendant refused