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TRIAL FOR MURDER. Manton Cincurr Court, November Tth, 1849. STATE vs. MERRITT YOUNG. Second Day. Court met pursuant to adjournment, and the proceedings of the previous day were read and approved. Wm. Stuck was brought into Court by process issued by the Court on yesterday ; and atte examination, was fined two dollars and costs for not answering a prior summons. Empannelling the Jury —The morning was spent in em pannelling a jury, and then the Court adjourned, on motion of defendant’s counsel, at half past 11 o’clock, till 2 o’clock, P. M., the jury not having been completed. 20’clock, P.M. Court met pursuant to adjournment, and the completion of the jury resumed. After examination, the following gen cemen were sworn as the jury. John B. Furguson, Wm. T. Curd, Peter Canine, Prederick Hartsell, David Ray, Abel Catterson, David Snyder, Clement Peeiy, Hiram Wright, W. D. Starkey, Lewis L. Brown, Lewis Tylyer. The folowing gentlemen were set aside for the reasons set opposite their names. W. Y. Wiley, set aside for cause. John Belcher, set aside for cause. S. W. Nevis, get aside for cause. 8. J. Patterson, set aside for cause. Robert Tucker, set aside for cause. James Cherry, peremptory challenge. Jacob Smock, peremptory challenge. Gen. R. Hanna, set aside by Court.* Thomas Morrow, peremptory challenge. P. Sponable, peremptory challenge. Wm. Lightfoot, peremptory challenge. Jonathan Cowger, peremptory challenge. Richard Gilbert, set aside for cause. Henry B. Goodhue, peremptory challenge. Wm. Culbertson, peremptory challenge. D. Z. Eltis, set aside for cause. Daniel Pursell, peremptory challenge. Benjamin Arnold, set aside by Prosecution. Henry Brenneman, per. challenge by Deft. Eli Wilson, per. challenge by Deft. Samuel McLaughlin, per. challenge by Deft. Joseph Johnson, per. challenge by Deft. Lot Ragan, set aside by Prosecution. George Carr, per. challenge. Charles Moore, set aside by Prosecutor. Jacob Glazier, set aside by Prosecutor. Garrett Snodgrass, set aside for cause. Charles Armstrong, peremptory challenge. James Hensley, set aside for cause. Richard Berry, set aside for cause. Henry Ohr, set aside for cause Adam Haugh, peremptory challenge. W. V. Starkey, set aside for cause. Morris Howland, peremptory challenge. Harvey Bates, set aside for cause. Thomas Johnson, set aside by Prosecution. Joe Kemper, peremptory challenge. Willis Pruett, set aside for cause. John McMahan was discharged by reason of sickness in his family. . We do not deem it necessary to publish the examination of the witnesses in full, as it would occupy too much room, and have no especial bearing on the case. ‘* For cause *? may be generally understood to mean the formation and expres sion of opinions, c. Peremptory challenges are understood by all. The Jury were eloquently addressed by the Court, placed in charge of officers, and the Court adjourned to Thursday morning, v’elock, Thursday Morning, Nov. 8. Court met punctually. Proceedings of the previous day were read, corrected and approved. The witnesses for the State were then called and sworn. Also, for the Defence. The case was then opened at quarter past $00’clock, by Hon. D Wallace, Prosecutor for the State. The indictment being first read, and the law applicable to the case read, and fully explained as to the finding of a verdict,—whether guil ty of murder in the first degree or second degree, and man slaughter, and their various penalties stated in a short but eloquent address. WITNESSES FOR THE STATE. Mrs. Elizabeth Crosby,—Was at church on the night of the murder. On her return, before church was out, she saw two men, but did not know them. They were near the cor ner of Drake’s hotel, and near a store door. There was a Store box near, and one of the men was standing against the building, the other on the outside of the box. Heard one of them, the one standing next to the store, remark, ' God damn you,I will be in that fight’? Saw nothing in the hands of either; did not notice particularly in this respect .Thinks one was taller than the other. The smaller one who made the remark, “* God damn you,” c., was the one stand ing against the store. Did not look back till I had passed, when hearing the sound of a board falling, I did so, and saw a hat fall from a man’s head. Did not see any other person, Miss Reagan was with me. ‘Crossed over to Mr. Reagan’s —heard there that the man was dead, and then went home. Saw a man in to the street and fall, and thought I heard one man groan. It was after the man fell a second time, that I heard the groan. Saw a man running after the failing man, when he appeared to fall on the man that was down. Did not see but one following. The following one appeared to sleep, and they apparently got up, and the first fallen one run over towards Browning’s. Was coming from Wesley Chapel. Was coming east. Did not notice the persons till I was close to them. Did not notice their talk till I heard the exclamation, ‘* God damn,” e. Heard the board fall. Look ed around and saw the hat fall off the man. Thinks they were then not far from the same place where the transaction commenced. Was not more than some twenty steps past them when she looked round. Cross-Examined.—Was coming from church in company with Sophia Reagan. No gentleman was with us. Was frightened after Sean they were fighting. There appeared to be a store box between them. Lights were burning. Saw the smaller man raise his hand. Not much acquainted then with the streets, but crossed at the first corner. Was not up to the corner at the time I looked back. Was much frightened when I learned there was a fight. When I looked back, it was when I heard the crack of a board. It was light enough to see. Thinks it possible that two men might have follow ed into the street, side by side, sides being towards me. Direct Resumed —Did not take notice of any other person on the opposite side of the street. Did not think there was but one man, [in answer to cross-examination, as to the prob ability of there being two side by side.] ‘Thinks it was be tween 8 and 9 o’clock, P.M. [The technical examination of place, c., was conceded on both sides.] Robert Ware.—[The Court was detained by this witness abaenating himself, and declared his recognizance forfeited— $200. He was sent for, and after a delay of 17 minutes, he came into court.] Sworn. Was returning from the P.O. Heard considerable racket. Saw three men, the middle one apparently holding the others. Heard the beard fall. Sup posed it to be the sound of a pine beard, 6 or 8 inches wide, and four of thve felong. Has not seen the beard in ques tion. When hearing the noise, apparently of a scuffle, made towards the direction of the nuise. Saw the three men in the direction of Drake’s Hotel. They were on the outside of the sidewalk when I first saw them. I heard the noise be fore I saw them. They appeared to be three, one in the mid dle holding the others. I could not see whether the middle one had hold of the others. They appeared so. The latter one on breaking away ran angling across the street, first one way and then the other. He fell on the first crossing. The other, Young, made a terrible blow at him. Couldn’t tell whether he struck him, (dec’d,) or not. Heard no sound of a blow. The deceased arose, or attempted to do 30, and Young was close after him. ‘The Marshal took Young. The men when I first saw them were on this [the north side] of Washington street—near Drake’s hotel. Could not tell whether there were other than the lamp posts on the street. When deceased started to run, he ran towards Browne ing’s (in a S. E. direction) on the street, about one-third the way across, or half way from the curb of the sidewalk to the McAdamized curb. Wan told that Young was the per son who chased deceased. Young was after deceased, and the latter was in the act of rising, when Young struck at him. Witness first heard the noise whethear Browning’s. Was not probably more than 10 or 16 feet.west of B.'s. ho tel when he first heard the disturbance. Was not over 8 to 15 feet from where hee’d last fell. Saw him fall first on the McAdamized part of the street. Suppose he ran 60 feet before he fell the second time. Thinks Bishop was sent half way from the place where the affray first com menced to where deceased was when he got up the first time. Young left for the sidewalk after he made his first pass, and when deceased got up and ran again, Young started after him, apparently to head him or cut him off; but just before he reached him,deceased fell a second time. Several mhen came about, some from Browning’s hotel, which rendered it difficult to designate particulars, Did not see any knives of other weapons. [Questions were here multiplied rapidly, and at the suggestion of the Prosecutor, witners made an off-hand diagram, which he explained to the jury, c. Most of the questions being but repetitions of former ones, and the witness ,being pretty tonguey, a few answers are omitted.] Witness had helped to open the clothes of. deceased after he had fallen. Went for a physi cian. Was gone not above three minutes. On his return, found deceased in his last gasp. Deceased said nothing, but made a kind of a groan. He fell in a heap, as it were, but immediately straightened out. Cross-Examined.—First heard the disturbance about 9 P. M. as near as he could judge. The Post Office was closed. Did not know either of the parties personally, or by sight. Knew Bishop, the Marshal, by sight and by name. I was just above Browning’s when I first saw them. ‘They were then on the edge (outer) of the side walk. Heard a board fall, supposed from the sound that it was a white pine .The decision by the Court in reference to Gen. Hanna was on the ground that he admitted that he was biased or prejudiced, inasmuch as he there declared that “he was al ways opposed to this kniving ” A few remarks were made by counsel on either side; and the decision of the Court, (we thiia,) met the approbation of all, board. Don’t know the difference between the sound of a white pine board and one of any other kind of timber. It is my opinion only that it was pine from its sound. Thinks it must have been a board that fell. First attention was attracted by the noise or of dry goods boxes rattling, but heard no blow struck. Can’t tell whether it was east or west of the lamp post; am not able to say how far, but it might have been within ten feet. It appeared that Bistop had each of the parties in hand. Deceased was exciting himself to get away . I judged of this from the positions the parties were afterwards in. So suppose the parties were 20 or 25 yards from me when I first saw them. Witness did not know the width of the street, or probably he could approximate nearer. Could see the persons start from the edge of the sidewalk, but could not recognize them. Knows Bishop and the others only by the position in which he found them afterwards. When witness first heard the scuffle, thinks he heard someone say, ‘* Hold on to that,” or “ stop that.” The pasties appeared to be in Bishop’s clutch when they started to run. Was running towards them when I saw the pass, and supposing they were in play, stead of fighting, I halted, aa I did not wish to make a laughing stock of my self. Did not wish to do so, because they would have laugh ed at me, if in play only. The halt was tut for a moment, as the whole transaction was quickly over. Suppose the deceased ran some 20 yards, and fell towards the west on his face. Deceased recovered himself as soon as posritie—was a trifle west of where he started from. Saw the pass made overhand, but heard no blow. It appeared to witness that the blow was aimed at the left side. He ran at fast after he got up after the first fall as before, until he neared the sidewalk, when he fell. From the nature of the case, look ed at the pasties all the time. Pending the cross-examination, it being noon, the Court then adjourned till 2 o’clock, P. M. 2 o'clock, P. M. Court met pursuant to adjournment. One of the jurors being suddenly taken ill, the Court adjourned till to morrow morning at 9 o’clock. Fripway Morning, Nov. 9. Court met pursuant to adjournment; proceedings read and approved. Robert Ware recalled.— Cross-examination resumed. Counsel requested witness to explain to him the ground noticed by him yesterday, when on the street. Witness refused ; gave his reasons; paced the ground and found it to be 45 to 47 yards; the street was wider than he had supposed ; made a difference of about one half by mea surement; was nearly opposite the lamp post as he re collects when first the deceased fell; the light was not overly bright nor overly dim; did not notice the opposite lamp particularly ; paid no attention to it; it was light enough to distinguish persons on the opposite side; could discern persons distinctly south from where i stood ; I was standing near the gutter; can't say how far I could see persons east or west; distance east and west between the ramp posts probably 60 or 75 feet or therea bout a; no when Phillips first fell, he fell east of the lamp post opposite of Drake's Hotel; suppose it was about 15 to 25 feet east; when deceased started] first to run, he ran in a south-easterly direction; the place where he fell would not vary over ten feet from. Use lamp post,—was probably east of it; has paid no particular attention to the ground since the transaction ; at the best of his recol lection, they were east of the lamp post at Drake's; don’t recollect the character of the night, but in runs in his mind that it was a kind of hazy moonlight night; streets were considerable dusty ; a stir would raise con siderable dust; recollects considerable dust being raised when deceased fell ; could not tell whether the man who chased deceased jumped over or run around him; could tell whether the man had his face or back to him; he used his right arm; he stood his back to me when he made the blow; at the time the thrust was made, deceased fell towards the west; blow appeared to be aimed at the central part of the body, but could not tell whether it hit him ; was standing 20 or 26 yards from where the de ceased fell and the pass was then made ; looked at the person, but did not look at his lead distinctly nor his feet distinctly ; there was sufficient light to see a man’s head or his legs;could have seen deceased had he turn ed round; deceased was only on the ground long enough to gather himself up; thinks he raised himself on the same ground on which he fell. We ran just as fast after he raised at the beginning as before he fell, say 15 or 20 yards ; can't tell whether he ran straight or bent; he waited just before he fell; thinks he did not go on all fours for any distance; did not hear anything said; there was but one person near him at the time he fell; when the person made the pass, that person walk ed towards the north side walk, and was some 10 or 12 feet from the fallen man when he rose to his feet; one, who appeared to be Bishop afterwards, was coming to wards deceased when he was getting up; it was Bishop ; knows from the position of the parties; could see dis tinctly that there were three persons; could not tell one of the persons from the other at the distance I stood ; knew Bishop by the position of the parties: there was nothing to prevent the one who made the pass from re treating, if he wished to; did not see any knife; it would be owing to the particular position in which a knife was held, whether I could see it; I did not see one I saw, t when deceased commenced rufining, the one who rode the pass commence running after him; there were several persons around when he fell; was watch ing the particulars; when deceased fell, Bishop came up and took the prisoner; don’t know whether the defen dant is the person whom Bishop arrested; they broke loose from Bishop on this [the north] side of the street; and Bishop crossed over and took the other person; he did not take the person before that; judged from the directions they were running, that the person endeavored to eat deceased off or head him; they ran towards the alley at Browning's; deceased first fell west of the alley a trifle; thinks the same man whom Bishop arrested was the same one who made the pass, and nothing would ever make him believe otherwise. (‘The diagram made on yesterday by witness was here explained to te jury.) The light was not sufficient to distinguish countenances ; the parson, after making the pass, walked away ; when he followed deceased as he rose, he raz; am from Cin cinnati; have been here a little over a year; a year ago the last 14th of July, about half past one o'clock, P. M.; I landed here with my goods and chattels. Direct resumed—Follows the boot and shoe business; have a family ; saw about a year ago, the mother of deft, about buying a fat; there is no difficulty to the amount of a straw or hair, between any of us. Mrs. Elizabeth Cooper—Was not acquainted with Is rael Phillips, deceased ; knew him by sight; knew Mr. Young by sight; recollects the uight of the occurrence, but not the date; saw the parties at Roberts chapel ; saw defendant get up and follow deceased out of church; de ceased left first; it was about 20 or 25 minutes before the church was out; noticed the circumstances particularly, because the preacher had spoken that evening on the subject of leaving church before the close of the services; could not say how near the parties got together ; first saw deceased on his way to the door; my attention was call ed by the noise he made in walking; deceased was but at the door, when Young followed him. Young was on the east side ; did not see where deceased certainly sat, as he was on his feet when I first saw him ; the door was about to close after Phillips, when Young started; wit ness sat nearly opposite the desk, near the front of the seats, facing the congregation ; deceased walked lightly, Young walked heavily. Cross-examined—Can't tell exactly how the church stands; it is a large church; there are four rows of seats; thicks Mr. Phillips was sitting a little back of Mr. Young—two or three seats; deceased was in the centre row, on the east side, not quite up to the centre; Young was sitting nearer the pulpit; think a deceased was be hind Mr. Young; deceased was near to the door, when Young started; witness was near the pulpit, in the “A new” corner, on the east side ; saw deceased when in his seat, and when retiring; knows deceased by sight 5 or 6 years; have known Mr. Young some time, but has no acquaintance with either; deceased and defendant were all she saw get up and leave the church ao near to gether; don’t know of any other people who left on that evening; it was a common occurrence for persons to leave; there was a pretty good congregation present but not crowded ; don’t think anyone left after deceased and defendant; can‘t say whether Young saw Phillips go out or not; Phillips walked lightly, Young heavily; was looking at Phillips when I saw Young get up; Young could see Phillips by turning partly round; can’t tell how far he sat behind Young; could recognize the fea tures of the parties from her .pnsition; was not as far from Phillips as across the court room; could not tell the distance in feet; did not see when Young came to church, nor when Phillips came; don’t know which came first; never spoke to either of them in my life. John Wilkins—absent and attachment issued. Adjourned to two o’clock 2 o’clock, P.M. Court met. Peter F. Newland—Ann coroner of this county ; held an inquest on the body of Israel Phillips immediately af ter his death. Drs. Gall, Mothershead, Gaston and Hunt, were the attending physicians. [Here were produced a beard and knife. Received this knife from Bishop, and the beard from Mr. Ray; the blood on the board got on it after [ received it, accidentally ; when the board was given to the coroner’s jury, there were marks of a knife on it, but they are not so plain now as then; the knife marks on the night of the murder appeared to be fresh; the knife is the same that came into my heads—it was then bright. But owing to the post mortem examination, it appears to have got moist, by which it is discolored somewhat. The knife marks were on the rough side of the board, and hesitated about giving up the knife; it was just after the death, before they had stripped de ceased . Was present at the examination ; there was only
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Indianapolis Indiana State Sentinel
Indianapolis, Indiana, US
Thu, Nov 22, 1849
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