Lancaster daily intelligencer. [volume] (Lancaster, Pa.) 1864-1928, 1880-04-20
cOURr OF QUARTER SESSIONS.


q truc Olii, lOT lOTnlcatlOn anu OuStar0y,
was continued until next court on account
Of the absence of q material witness.
The case of the com'th VS.. BENJAMIN
Biehl, felonious assault and battery, was
DR.. Oliver Roland testified as to the ma
ture of the wounds inflicted on Butler.
Witness dressed the wounds and accom-
panied Butler to his home where he made |
a more careful examination of them. The |
end of Buffers nose was cut almost en- |
tirely off the top of his right ear was al |
most discovered two long gashes, one of
his head, and another across the back part
Of the ear; he was bitten in the cheek, the
prints Of five or six teeth being visible
his hands were also badly cut and his eyes
we're blackened. Butler was confined to
his room several days and to the house
one or two weeks.
For the defense Davis Kitch, jr, was
called. He testified that he heard the
rumpus while he was feeding the horses,
near Trewitz's saloon he jumped over into
the lot and saw Biehl and man he did
not know (Butler) fighting he saw the
man strike Biehl in the yard before Biehl
used the razor on him the man had called
Biehl foul names and rushed toward him
did not see the commencement of the
figot.
Frank DOMAIN testified that he was at
Trewitz's; Butler and Biehl had some
words, and then got to fighting; Butler
got the best Of it he then went into the
yard; Biehl followed him and the men
fought again, Butler striking the first
blow did not see the cutting.
John Shroad was at Trewitz's and heard
Butler and Biehl disputing; the lie was
given and then they got to fighting did
not see the cutting in the yard, but saw
Butler running out of the yard didn't
know he was cut till he (witness) was az
rested.
Jacob Smith, sworn Did not see the
commencement Of the fight; saw Biehl
lying on the floor and Butler on top of
him did not see the fight in the yard.
Benjamin Biehl, defendant, sworn The
dispute commenced while Butler and wit
ness were talking about California wit
ness said he did not behave Butler had
never been in San Francisco Butler said he
was liar, and that witness dare not take
it up. They then fought as other witness
testified witness did not follow Butler in
to the yard with the intention of renew
ing the fight Butler attacked him in the
yard, got him down, and then witness drew
the razor and slashed it around don't
know whether cut him or not
after Butler had left Trewitz's he accom-
panied Owens, Blair, ShrOad and others to
Buffers boarding house on Orange street,
but did not go there for tho purpose of re-
newing the fight, nor breaking into the
boarding house.
After argument by the counsel and a
charge by Judge Livingston, the case was
given to the jury, and after being out an
hour the jury returned a verdict of guilty
of cutting, &C., but not guilty of the
felony. Sentence deferred.
Commonwealth VS.. John Drachbar, John
H. Shroad, Benjamin Biehl, -- Swartz
and Benjamin Owens, riot. The COM
monwealth examined number OF wit
nesses, whose testimony was to the effect
that after the fight at Trewitz's, as de-
scribed in the foregoing case, the defen-
dants marched to the residence of Mrs.
Henry Aucamp, East Orange street, near
Plum, where Claude Butler boarded, and
behaved in a threatening and tumultuous
manner, some of them threatening to
kick in the door and kill Butler. Mrs. Au-
camp became alarmed. locked the doors,
closed the shutters and sent for police
man, but by the time he arrived the dis
turbance was over. None of the witnesses
saw any blows struck nor any overt act
committed, though threats were made
against Butler.
At this point the district attorney aban-
doned the case, and the court instructed
the jury to bring in a verdict of not guilty,
the accused having been guilty not of riot,
but of disorderly conduct.
Commonwealth VS.. ]. NJ. Eckert, receiv-
ing stolen goods. The indictment charged
the defendant, who was proprietor of a
ceived seven turkeys, the property of
Joseph Nelson, knowing the same to be
stolen. Mr.. Nelson testified that about
the Goth of November last the turkeys
were stolen from him. He tracked the
thieves to defendants tavern, and OH
making an examination of the premises
found the turkeys confined in a poultry
house on the premises. Mr.. Eckert was
not at home when this discovery was made.
A search warrant was issued by Squire
Slaymaker, and served on Mr.. Eckert and
all the stolen property was recovered ex-
cept one "gobbler which had been won
at shooting match at Eckert's and car
ried off by the winner Mr.. Eckert freely
returned the stolen property when Mr..
Nelson made affidavit that it belonged to
him.
For the defense defendant was called and
testified that he bought the turkeys from
a huckster, who had been two or three
times previously at his house, and whom
he knew by the name of "Shorty," and
whom he believed to live near COatesville
he paid Shorty" sixty cents apiece for the
turkeys, all of them being small except |
one at that time Mr.. Eckert had about
twenty boarders, and was besides about |
giving shooting match; he depended
largely on the hucksters for his supply of
provisions; had no idea that the turkeys
were stolen when he bought them ;
''Shorty told him he got the turkeys from
"the old man, " his father.
Defendants testimony as to the purchase