The killing of ENOS Brain Part 3 (General)

by slowhands , proud of his ancient Dean Forest roots, Monday, July 18, 2005, 05:00 (7060 days ago) @ slowhands

LISBON, OHIO, THURSDAY, DECEMBER 19, 1901

DIED OF INJURIES RECEIVED

Washingtonville Quarrel Seems to Have Ended in Murder

As a result of the quarrel reported from Washingtonville some time ago, Enos Brain is dead and William H. Cox must answer for his death. The quarrel took place in Mahoning county so that the county has another murder case to hear next court time. The Salem Herald thus reviews the testimony that was given at the inquest held by Coroner Morrison of Mahoning County:

"According to the testimony of one of the witnesses examined by Coroner R. M. Morrison in connection with the inquest held over the death of Brain, the deceased was engaged in digging a ditch. Cox came out of the house and emptied a pan of ashes in the ditch. Old man Brain was compelled to shovel them out and then a wrangle occurred. Cox took the shovel away from Brain and at that moment the wife and daughter came up. One asked if the shovel in Cox's possession was theirs and Cox spoke up with the declaration that if they didn't mind their own affairs he would brain the whole outfit.

The claim is made that he then struck the old man on the head, inflicting the wound from which he died. He also hit the daughter with such force that she was rendered unconscious for some time."

Echo, East Palestine, Ohio--Book 1902--Page 2--January 23, 1902

NOT WORRIED

William B. Cox, the Accused Murderer of Enos Brain is Unconcerned.

William B. Cox, the young man of Washingtonville who is in the county jail under indictment for the second degree murder of Enos Brain, late of the same town, has little fear of the result of his trial by the court.

When seen by a press representative in the Youngstown jail Cox appeared but little perturbed over the prospects of the future. He said that his was an unfortunate position, but come what would, he did not see how any jury could look upon his case in any other light than that of its being aggravated assault.

"My standing in the community in which I have lived so long." he said, "will prove that I am not a criminal, that is the first trouble I was ever mixed up in, and this was a quarrel in which Mr. Brain was as much at fault as was I. Yes, I am willing to abide by the decision of the jury which is called to sit on my case."

A fact not generally known is that Cox was for about two years a member of the fire department, and was also at one time a substitute on the police force. as well a being a ward committeeman in Beaver Falls.

He has lived in Washingtonville with his aunt for a number of years and has always borne a good reputation. Daily, he receives letters from his home town in which friends encourage him to keep up under the strain and expressing the belief that he will come out of his troubles all right. Evidently he is popular among his acquaintances and they will await his trial with great interest.

Echo, East Palestine, Ohio---Book 1902--pg. 41

COX SECURED RELEASE---20 March 1902

Indicted Man Produces Bond in the Sum of $500 Will Have Second Trial

William A. Cox, under indictment on the charge of second degree murder of Enos Brain, late of Washingtonville, has secured his release from the Mahoning county jail on bond. He will enjoy liberty until disposition of his case as made at a second trial which will take place during the May term of court of common pleas.

At the conclusion of the first trial when the jury failed to agree on a verdict the court fixed Cox's bond at $1,000. A few days ago at the request of the defendant's attorneys the amount of the bond was reduced to $500. Immediately signers were found in J. E. Gilbert and D. E. Staufler, of Washingtonville and on Monday morning they appeared in court and attached their signature to the instrument by which the prisoner was released.

Cox left on an early train for Washingtonville Monday, being desirous of reaching home in time to attend a public sale of the household effects of the late Mrs. Elinore Smart, with whom he resided at the time of the trouble. He expects to return to work.

MAY 1, 1902

William A. Cox, who was arrested some time ago and given a trial in the Mahoning county courts for the murder of Enos Brain at Washingtonville, is working near his home. Cox was granted a new trial after the jury disagreed. He is out on bail, and has a plan whereby he expects to avoid another trial, and still settle the case against him in a manner satisfactory to the court. Just what the plan consists of is not known, but it is reported in Youngstown that the court will allow Cox to plead guilty of assault and battery, and fix a stiff fine as punishment. This could be paid and the case dismissed.

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