Lancaster daily intelligencer. [volume] (Lancaster, Pa.) 1864-1928, 1884-08-22
benjamin Miller corroborated the testi
mony OF his brother Clinton.
arand jury Return,

| arsnd jury Return.
True Blis-Frank Kreidor, assault and
battery John Boldly, adultery Henry
Ditfcnbach, ombezzlement Elite Cooper,
assault aud battery Tillio MUIR, violating
liquor law; Otto Smallbaok, jacob
Weller, assault aud battery Amos Is.
llostetter, perjury john Campbell
Amos Turner, malicious mischief Jacob
ID. Warfoi false prctense William Wit
tick, Michael Dyssingor, assault aud
battery Susan McCauley, common scold !;
Joseph Heator, common nuisance Amos
Turner, malicious mischief James Oar.
berry, keeping disorderly house and sell
ing liquor without license George w.
Miller, larceny.
Ignored Bais-George Yiuger, malicious
mischief, with Mary Lewis, prosecutrix,
for costs; ii, nj. Tichnor, false protense;
CHARLES Pinkerton. aggravated assault
and battery; Amaziah SigmaD, false pre-.
tense, with George W. Miller, prosecutor,
Tor costs Felix kreiser, secreting goods
with intent to defraud creditors; William
Mccall, keeping vicious dog; jackson
Clnger, larceny; James Carberry. selling
liquor on Sunday; Emanuel NJ. Stottier,
assault and battery.
| current Business
John b. Roilly, Providence township,
was granted n solder's license to hawk
and peddle in this county.
Counsel for defendant in tho case of
commonwealth vs.. John Liohtenberger,
convicted on Tuesday ON three charges OF
forgery, filed reasons for new trial.
| Friday WOrning-Court met ut 0 q clock
and the Bebny murder trial was resumed,
before large audience.
James CLARK, ,jr., testified that he lived in
Paradise township became acquainted
with Thomas Behny In cell No. 80, county
prison, while witness was serving q term
for fornicltion and bastardy Behny was
placed in tho cell with witness aud he
asked witness what he was in for he told
him witness then asked Behny what ha
was in for, aud BENNY replied for killing
Barney Short {; witness then asked Behuy
II he had killed Short and ho replied that
| he had killed tho s-of a b..
| On cross.examination witness testified
that he lived IN Paradise township for "a
years, and was laboror by occupationJ;
he told Underkoeper Stauffer what BENNY
had said aud asked that he be put in
another cell, fearing that Behpy would do
him harm.
There was decided sensation in the
| court room when the witness detailed
Behny's confession of killing Barney
Short. Tho prisoner did not appear to be
at all moved.
DR.. w. J. Vent was recalled and
shown an axe aud no testified that the
wounds on Shorts head could have been
made with such an Instrument. The doc.
| tor exhibited TO the court aud jury two
bones from Shorts head, found six foet
away from the pool of blood.
DR.. Bryson also testified that tho wounds
ON the head could have beJu produced by
an axe, such as was shown by the district
attorney.
| ). c. Stevenson testified that he resided
| In the village OF Mount Ncbo; Thomas aud
Adam Behny lived about three miles from
| witness; shortly after noon on the 3lst of
| January witness loaded some furniture for
| q customer and after attending to some
| business he returned to his home between
six and seven in tho evening; while un
| hitching his horse or after he gone to the
barn TO feed his horse, he saw two men
| coming from the direction of the postofiice;
when they passed tho old building, former
| ly used as store, they were in the middle
OF tho road; as they neared witness they
| crossed to the opposite or north side OF
the road; they did not speak TO witness
or he to them; do not know positively who
the men were, but his impression at tho
time was that the men wero Thomas
BENNY and one Of his boys. The cross
examination brought out that he was not
positive as to its bJIng on the 3lst OF
| January that he saw the B0hny's, but he
| thought 1t was on that day.
Mrs. Anna Akens testified that she
| lived at MouaC Nebo, about 40 yards from
| >. {. Stevenson's stable, and on the even
ing OF January 81, between and 0 O'Clock
she left home TO so 10 surprise party as
she came down the steps she saw two men
walking along close TO the wall of her
house she stepped back to lot them pass
she did not know the mon, but saw that
one was taller than the other.
Albert NJ. Hagen, of Mount Nebo tes
titled that he Was at the spot where Shor
was killed, at o'clock on the morning of
the lst OF February saw his body on the
road, 35 yards from the chestnut tree, and
his brains were soattered along tho road q
distance OF AZ fect on the Sd OF February
witness with Constable Shenk examined |
the ground in the vicinity OF the murder
starting from the chestnut tree on the west |
side OF the road there were the tracks OF |
two persons across the corn fields wit |
ness followed these tracks 10 the direction !
OF the river for some distance and lost |
them at the road leading to Behny's house. |
Alexander Harris testified that on the |
10th of October, 1882, Bernard Short and |
Thomas BENNY came to his office in
reference to the purchase Of horse by
Bshny from Short-for sl25 Behny gave
q judgment for that amount in payment |
for the horse and as additional security
Behny executed deed of his property TO
Short witness executed the necessary
papers and in tho early part of 1888, he
was directed TO issue an execution against
BENNY in July 1888 i ia was issued
aud put In the sherifrs hands BENNY
then made application to the court, the
writ was stayed and the matter Is still
pending in the courts.
John Charles testified that there was a
difficulty between the men about the horse
purchased by Behny from Short, and that
BENNY insisted on Short taking the horse
back and Short refused Behny told wit
ness that II Short did not take the horse
back he would give him licking once in
this city Behny saw Short pass on the
street and he said to witness "there
goes that lrish B. of b.; | could
knock his brains out" BENNY
also made tbs Same threat once
when he was at witness house about 4
O'Clock on the day following the murder
BENNY came to witness house and said,
'did you hear the news ?" witness said no,
and BENNY then said Barney was killed
with an axe witness said that it Is lust
like what you said the other day, that you
could knock his brains out and BENNY
said yes and walked away, but before going
said he had been told of tbs murder
af MI Nahn hu u.a. ,,hn a.nu.. n, |