The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1886-01-30
TRIED FOR MURDER.
Thomas Birmingham, the Murderer of Will
lam Benion, on Trial for the Crime.

The trial Of Thomas Birmingham, on the
charge of murder, began yesterday. This is the
man who, on Oct. Is last, while serving as bar
street, brutally kicked and pummeled VIM.
Benton, poor outcast, for his failure to pay for
drink Of whisky. Benton. within twenty four
hours, died at the station house, after being
taken there from the West Washington
street bridge where he had gone
to lie down after he was assaulted. The State
is represented by the prosecutor and his assist
ant, Mr.. Keeling. and the prisoner by Mr.
Spaan. Seven peremptory challenges to the ar
ray of jurors were made by the defense and two
by the State, after which the jury stood as fol-
lows: William M. Harrison, Martin Anderson,
Alonzo Kitchel, George r. Bernhard, Joseph M.
Taylor, William Peterson, Andrew j. Snider,
Walter M. Schaffer John s. Boyer, Calvin
Loucks, Isaac NJ. White, Charles H. Dean.
George c. Merritt, an eyewitness of the oc-
currence, said that about o'clock IN the morn
ing of Oct Is he saw Benion lying on the side
walk and Birmingham vigorously kicking him.
Benion tried to get on his knees three or four
times, when the prisoner would knock him
down, and repeat the blows with hands and feet.
One time. while Benion was on his knees Bir-
mingham hit him such blow in the face that he
heard it across the street He said: THAT blow
will kill him." After Birmingham got through
| he allowed Benion to arise and walk away. Wit
ness went into the saloon to get the name of the
assailant when the latter said He got all he
| deserved" but refused to tell his own name.
Charles E. Haddene of No. 352 West New
York street, saw the assault, and, describing it,
! as did Mr.. Merritt, said, II cried out Hey,
| therel'" Birmingham helped Benion up and
| then knocked him down to renew his kicking.
| He kicked him in the left side. After the de-
| PENDANT got up he walked away without assist
ance
| DR.. Albert Strattord told Of the results of the
| post-mortem. He said the brain Of deceased
| was normal. The covering of the stomach was
fltrated with blood and showed livid black marks
| on the left side. The left side was congested
| and the right kidney diseased while the left was
| ruptured and broken There was fresh bruise
| externally directly above the ruptured kidney.
External violence no doubt caused the rupture.
VIM Erdman testified that he saw Brming-
| ham walk around Benton repeatedly while he lay
| on the walk and kick him. Benton walked to the
bridge and lay down the pier after the assault.
Witness tried to help him, but the suffering man
| could not talk Frank Alexander said Benion
made no resistance at any time to Birmingham's
blows Captain Colbert talked with the defend
ant at the station house, when the latter told him
| he kicked and beat Benion because he would not
| pay for drink of whisky.
DR.. Brennan, who assisted at the post-mortem,
gave description of the organs of the deceased
| and of the marks and bruises on the body. in
agreement with DR.. Stratford's testimony. He
| thought death was due to the ruptured kidney,
and that the rupture resulted from violence.
On cross examination. however, he said if the
rupture occurred at the time OF the kicking
Benion could not have got up and walked
away, nor could he have lived eighteen hours
afterwards. He told the prosecuting attorney
that he never saw ruptured kidney before.
The trial will be continued to-day.