THE MORROW COUNTY SENTINEL
A WEEKLY NEWSPAPER DEVOTED TO THE INTERESTS OF MORROW COUNTY AND THE REPUBLICAN PARTY.
VOL XLV - MOUNT GILEAD, MORROW COUNTY, OHIO THURSDAY, DECEMBER 1, 1892
RHODEBECK'S TRIAL
FOR, THE MURDER OF DAVID SELLERS.
No Facts Other Than Already
Known to the Public Have
Been Developed.
And the Examination of Wit-
nesses Concerning Immaterial Events Becomes
Wearisome and Monotonous
Voluminous Testimony as to Character
Introduced.-Progress of the Trial
Omitting Repetitious, Which has
been Attended by Crowds of
People Each Day
Wednesday Afternoon.
Dr. C. H. Neal concluded his testimony as to his connection with the post examination and Coroner's inquest after which the State called as a witness
SAMUEL F. GORDON,
Who testified: Was acquainted with the Sellers family, and lived within 1/4 mile east of their residence; knew William Rhodebeck, whom he designated in the room. On October 28, 1888, the house of David and Christena Sellers was burned; was at the fire, being awakened by Chloa, who said, "Sam, everything we've got is burning up; told her to go back, but she did not, remaining in my house; myself; Frank Mateer and Chloa went over, Rhodebeck was there pulling at a bedstead fast in the door; I kicked in a door and carried things out; said to Rhodebeck, "Where's Dave and Tena;" he did not answer for a while, finally saying, "They're here," carried out more things, and repeated question, when he replied, "I haven't seen them;" we mine out and went to window of room in which he said they were sleeping; I said, "My God ! we must got them out;" I knocked in window which lead into pantry; knocked in other window, saw Mrs Sellers lying in bed; Billy was out in the weeds hallooing, "My God! what will I do;" it was then impossible to get in the house, as it was all in flames; located and described rooms and buildings of the Sellers homestead; was at fire about half an hour; kitchen part, south-east part of house began to fall in first; Mrs. Sellers was on bed; Sellers laid south at corner of bed; assisted to take bodies out; Mrs. Sellers was covered up; some one pulled off covering from her head with hoe, but put them back; Mrs. Sellers was on her back or side, on bed; Mr Sellers laid on face, head turned back; bodies about three feet apart; were buried in Blackbird cemetery; defendant nor Chloa rendered any assistance in removing bodies, both were at Henry Fritz's.
CROSS-EXAM I NATION.
Lived by Sellers' for 20 years ; have known Chloa from childhood; she was raised there, always about home; industrious and hard working girl; rained between 2 and 3 on night of-fire; Rhodebeck came there to work in March; Sellers and he perfectly friendly; at the time Chloa gave me the alarm house was not much destroyed; she went on to Fritz's house, still crying, "Fire! Fire!" At the fire Rhodebeck stated he had not thought of the elder Sellers, that he had not seen them around; he was back quite aways when he pointed out a window for the bed room, part of the .roof had by this time fallen in; defendant was crying when I first arrived; didn't attempt to go in the kitchen, it was full of smoke; fire seemed to start in the kitchen; house had not all fallen in when Rhodebeck and Chloa went away; at daylight, or 5 o'clock, an attempt was made to take out bodies; we brought water from the cistern to throw on coals to put them out so that we could get at bodies; I found pieces of what I supposed to be Mr. Sellers' skull, which I put in a pan in my shop, and afterward buried; clothes taken from. Mrs. Sellers' head were buried by Henry Fritz; Detective Norris had them, taken up, and ordered Mr. Edmund to care for them; as they were not taken from my shop I buried them beside the shop; never had any difficulty with defendant; Rhodebeck had nothing on but shirt and pants when I arrived at fire.
RE-EXAMINED BY STATE
Chloa was dressed in usual working dress; Rhodebeck was not, on the night of the fire; Chloa had same dress on at the inquest as she had night of fire.
FRANK MATEER
Testified that he worked for Sam Cordon, October 25, 1888; was alarmed by Chloa Sellers crying fire; called Gordon, and we went to the fire where Rhodebeck was trying to take a bedstead out of the door without taking it to pieces. Mr. Mateer's testimony concerning the conversation between Rhodebeck and Gordon, and the conduct and actions of Rhodebeck at the fire, the progress of the fire and every other point touched upon was exactly similar to that of Sam Gordon, not varying in details.
HERROD HEALEA
Has known William Rhodebeck for 15 years; recollects Sellers tragedy; has had conversation with defendant since tragedy; but nothing was said concerning the crime .
DR. W. L. CASE
Physician, testified: Attended at the birth of the first child of Chloa Rhodebeck, on August 1st, 1889, and was of the opinion that the child, was fully developed; of the usual period of gestation, 278 to 280 days. .
T. D. WOGAN
Testified that he had conversed with William Rhodebeck last July in the Morrow county jail. (Objections raised by the defense as to the competency of this witness, but withdrawn) Witness; stated that he went into the jail at the solicitation of the Sheriff and Prosecuting Attorney on the Saturday night on which Rhodebeck was arrested; that he went in about 11 o'clock at night and before he went out a conversation similar to the following, between witness and Rhodebeck occurred:
Wogan - "Hello paid."
Rhodebeck- "Hello."
After a pause Rhodebeck inquired what Wogan, who went by the name of Jack, was in for.
W - "Robbing the mail, so the Sheriff says."
R - "Ever in jail before?"
W - "Yes; arrested once before."
R - "I guess I'll turn State's evidence."
W- "That's what I'd do."
R- "I don't believe in telling every thing I know."
W- "That's a good idea"
Witness talked and joked with Rhodebeck all day Sunday. Toward evening Nate Sherman, who accompanied Wagon into the jail, talked with Rhodebeck about 11 o'clock handed out note and Sheriff let me out and I went home returning early Monday morning, before Rhodebeck was up, and pretended to be dressing when defendant arose;. after breakfast Rhodebeck says:
"Don't yon think I had better turn State's evidence?"
W- "I don't know what you have done."
R- "The old lady came in and caught my wife and I together, and she began to abuse my wife, who hit the old lady; we put her on the bed, and put wet cloths on her head; the old man was
finished with a corn cutter; I had nothing to do with it; it was a third party who rode a gray horse away from. the place; Chloa run over to Gordon is too soon; Gordon is doing us all the dirt he can; my wife came up to see Barry: she wouldn't wait until after dinner for me to hitch up, but walked up part of the way in the morning, when she got a lift and rode the balance.
After Rhodebeck's return from down town he said he would be out in the morning and go back . home.
Witness then sent a note to the Sheriff and was permitted to go.
On cross-examination he-stated that there had never been any bargain for his services; he exhibited a badge and credentials of the Grannon Detective Agency, of Cincinnati, acknowledging him as a member; Gen. Powell was unusually severe in this cross-examination;
Keeping witness on the stand over three hours, but failing to shake his testimony in any manner, or to make him contradict himself.
Wednesday evening for over an hour he cross-questioned him without developing any new evidence, or succeeding in making him contradict himself.
Thursday Morning.
JOSEPH SELLERS.I am a brother of David Sellers. He was about 60 years of age. I was present after the house was burned and fell in. I saw Rhodebeck but had no talk with him. I talked with Chloa, but William was not present.
JOHN THOMAS.
I live in Harmony township about of a mile from the Sellers residence. Was there the morning after the fire. I saw the bodies. Her head was covered up, and remained so until the Coroner came She was lying on one side before they were taken out of the fire, with a piece of blanket over her. He was about 6 feet southwest from where she lay.
CROSS-EXAMINATION..
I got there about 4 o'clock; house had fallen in; I staid till Coroner came; bodies were taken out before he came, about 8 o'clock; we were throwing water on them, and I raked away some of the coals with an old hoe.
HENRY FRITZ.
I live 1/4 mile north-east from the Sellers residence and lived there Oct. 26th, 1888; I went over there on the morning of that day; I found the house on fire as Chloa told me before I went; Samuel Gordon told me that Dave and Tena were in the house; I saw them afterwards; I saw Rhodebeck but had no talk with him I heard him say, "Oh, my God !" and "My God what will I do;" he spoke it in two different ways; he was carrying water to help put out the fire; Dave was 64 years old and Tena 60; I went home after the fire, and Chloa went with me; Rhodebeck took breakfast that morning at my house; saw David the evening before; he came to my house and staid there until about 11 o'clock; he was then in good health; he went home, and I have not seen him since, except at the fire.
CROSS-EXAMINATION.
Chloa is about 30 now; she was very much attached to her father and mother; almost always with her father; she did all kinds of farm work; Dave said Rhodebeck was the best hand he ever had; about 2 o'clock we saw the fire; heard some one say the house is afire; I said when supposing it was may own house, she said our house, and I knew the voice; my wife asked where are your pa and ma; she said I called them and pa said Well! Well! or Yes! Yes! she started back; I overtook; her; she was mach excited and crying and said: Oh, my Pa, or Oh, my Ma; the fire started about where the stove was, in the. south: east corner of the house; I went home and took Chloa with me; she did not want to go; I could not tell what she did say; she was crying; my recollection is that she said: I cannot leave my ma and pa; she had on a calico dress, and was bare-footed and bare-headed; and was that way at the fire; It was cold and chilly; and raining; she stayed at my house after that, for about three weeks; Rhodebeck was there also about a week, when he came to Mt: Gilead; they lived on the same farm after they were married, until they were arrested, and never left the neighborhood.
HENRY EDMUND
I live in Harmony township and knew David and Christena Sellers; I know William F. Rhodebeck and have for about 4 years; saw him the morning of the fire, but did not talk with him, I found a hatchet in searching among the ashes; this is the hatchet found I found it about on the line between the kitchen and the bedroom, where the bodies were found; I have kept the hatchet ever since; I asked Rhodebeck how he got down stairs that night, and he said did not hardly know; Gordon said Dave and Tena are burning up; I asked Billy if that was so, and he said, and he said, "My God, what will I do?" He then went with me to get water; Chloa did not dress as well as girls in general when about the farm.
CROSS-EXAMINATION
Witness said, Dave was a carpenter and kept tools; I found the hatchet on Sunday morning after the fire on Thursday night or Friday morning; I do not know what others found; I testified before the Coroner at Mt. Gilead; I did not hear any horse loose, or any one go by on a horse, my wife wakened me
W. H. BARNHARD
I was Pros Att'y. of this County in Oct. 1888 and was present at the adjourned session of the Coroner's inquest at Dr. James' office, William F. Rhodebeck was there and testified; his testimony was reduced: to writing by myself, and he signed it there; this is that testimony.
CROSS-EXAMINATION.
I was Prosecutor nearly 4 years after that inquest; I did not bring this matter before the grand jury, I was not satisfied with life first examination before the Coroner and so we had another;
I took it in narrative form, as near word for word, as we could get it.
This statement in the Coroner's inquest is correct to the best of my ability.
Rhodebeck's statement at the Coroner's inquest was then offered in evidence.
CHARLES C. BROWN
Knew David and Christena Sellers 25 years; was there on the morning of the fire; house was nearly burned down; I saw two bodies lying on a door, that had been taken out of the fire, one had the head wrapped up, the other had the clothing burned off, the limbs burned off; the warp about Mrs. Sellers head was some sort of woolen goods; a bed comfort, or quilt, or possibly, a blanket.
CROSS-EXAMINATION.
I got there between 7 and 8 o'clock, there was no clothing on the body of the male and nothing but the wrap or the head of the other; do not remember the color of that, but think it was dark goods; when unwrapped the wrap was the natural color, but do not remember what color it was.
EDWARD KIDWELLLive in Mt. Gilead; in February I lived on the Rhodebeck farm, I know William F. and Chloa Rhodebeck heard conversation between them on the 24th day of last February; I went there for a, bucket of water; they were quarreling; I sat down by the stove; she said to him you killed my father and mother; if it had not been for you they would have been living to-day; he went off to the bed room crying; she said go you damned baby; two or three weeks afterward she said in my presence to him you d--d b---k s-n of a b---h you killed my father and mother put had not been for. you they would have been living today; he said you had better keep your month shut; she said my mouth is my own.
CROSS-EXAMINATION.
I am 40 years of age; have three, children; I have been married twice; lived with my first wife 9 years, and had two children; I got divorce from her; I lived in Knox county, a while but now at Mt. Gilead; I moved, on their farm on the 10th last February; I knew there was a reward offered; I have never made any arrangement to get any part of it, if they are convicted; did not try to get my brother Amos to testify the same as I have, and have had quarrel with him about it; I worked with William B. Clark and John Martin, in the hay field and did not say to them that I never would have complained about Rhodebeck or Chloa , if had not threatened to kill my child; have not told anybody that Chloa was not a virtuous woman; did not admit that I talked about her at the trail before 'Squire Jones; went there for water every day; sometimes went into the house and talked to her, would go in to heat water to thaw out the pump; I sometimes told her she was pretty when Will was there, tried to kiss her once, when Will was present, but at no other time; never said to her Pruty pruty; if you say so we will get rid of Will, the d--n s---n of a b--h; talked with Amos when William: Leonard was present; something was said. about Chloa coming up then and giving them thunder; do not recollect just what was said then; other people heard them quarrel; Henry Edmund, his wife, and Anderson Purvis heard them quarrel clear up to their houses. t
THURSDAY AFTERNOON.
EDWARD KIDWELL.
I know it was Feb. 24th that I first heard them quarrel, because I set it down that night in a day book. Do not know the day of the week. The second time was on a Sunday; about noon two or three weeks later. Don't know the date of it. Did not set it down. Dan. Rhodebeck was not thee on the Sunday I heard them quarrel. He helped the feeding, in the morning, then he hitched up and went away. They were sitting at the table when I went. Billy and I went to the sugar camp to boil sugar water. He knocked her down after they went out into the road and blackened both eyes and took the little boy away from her. Did not tell Mrs. Rhodebeck that I was going to get rid of my d---m b---h this fall; and that she would have to go with me or some other man, its I was going to get rid of Will, too. I filled up a well there for Rhodebeck.
T. D. WOGAN.
Know B. T. Masters well; he said that he and his father thought of buying the Rhodebeck farm. if it was for sale, that his father had plenty of money an owned all the land in this county; did not say to him to buy, the land in his name and I would trust him for .my share; had talk with Masters about my suit with Forest Brothers; had Masters subpoenaed but did not use him; he said he talked with Forest and thought that Forest said to him that he had settled with us; never told him what I wanted him to swear to; I know Robert Levering; I told him that last Sunday night three men held me up with revolvers and said that if I testified in this case it would cost me my life; they wore masks; when they said hands up mine went up; these men went off; they were afoot; the last one backed of about a hundred feet, then turned an went off; I had been warned for the last week or two not to go to my barn, as two or three strange men had been seen there and strangers had inquired for me.
WM N. BENEDICT
I live at Clay Center, Kansas and, came here as request of the Pros. Att'y; have lived in Kansas six years next January; I am a decorative artist; I made an effort to detect the murder of David and Christena Sellers and had an arrangement with Pros..Att'y and Commissioners at the time; I went to Black Bird school house to organize a writing school and to look up clues, went to William and wanted him to join my class; he asked me if. I had heard of; the murder and the first he knew of it he was wakened by light in his face; the stairway was on fire; he got up and helped to carry out the goods; he went down through the stairway and called Dave and Tena and they answered Yes, yes then he said afterward that he did. not call them; I went all over after that, to: Galion, Ashley and other places; I then went back to Rhodebeck's and asked William if he did not know that he and Chloa had murdered Dave and Tena Sellers he said they did not; he said Chloa and her mother quarreled coming home from Cardington that day; that he and Chloa had sexual intercourse and the old woman wanted him to marry her; that the quarreled the night of, the fire, and Chloa struck her mother with a hatchet and knocked her down, but did not intend to kill. her, but when they found she was dead they tried to fix her up and Dave came in on them and they to kill him, too, to keep him from telling on them; they hated to do it as Dave had always been good to them; they had a terrible fight; with him and had to cut him up with a corn knife and put him under the bed and set fire to house, but before the house, was burned up Chloa, had given the alarm; they said I was after the reward; I said, will you give me the $1000 if I will leave the case;. they said they would if they could raise it; I came to Mt Gilead to see the County Attorney about it; I next day and saw William and he said he had gone to George Ulery to see. about getting some money but did not see him that he had seen Uncle Henry and that he would not pay out any more money; he had paid John T. Norris a $1000 and that he had sent me to get another $1000 and that; I would get another one to get another $1000; if he was to be arrested he might as well be at once.
CROSS-EXAMINATION.
I was born east of Cardington and moved to Iowa, then to Kansas; have been a detective for about ten years; never belonged to any agency; I assumed the name of D. R. Lamont when
I came here as I had a good many relatives here that would know me under my own name; I also took the name Nelson; there is an Attorney here named Wagner, who practices law at Kingstown, Ind.; I do not know what his business is; I room with him at the American House; his. name, is Walter P. Wagner; he is staving here; I do not know his business; he said he had business here and that is all I know of him; my father's name was Daniel Benedict; he never was in California; I never was arrested in Chicago; I had Sheridan and Sherman Clark and their mother arrested for the murder of a peddler named Moses Lichtenfelt; .they were discharged; I had some witnesses: I had confession from Rhodebeck at the time I had the Clark's arrested; I did not have them arrested because I did not have corroborative evidence; Henry Fritz did not hear me say G---d d--n you, confess, or I will put seven holes through you big enough for a dog through; no man, no woman, not even God ever heard me say such thing as that, her because it never occurred. I wanted him to put it into writing and sign it but he would not do it; I took Earlywine over once to hear the confession; he said he had had .advice and would not say anything, and denied the whole business, and said he wanted me to get off the place and I went; he had been advised to run me off the place; I told him he had confessed before that; and he denied it; I got a trunk in Cardington that belonged to the peddler but did not buy it; D: W. Clark s wife had it at A. Mayer's; H, Van Horn helped me carry it away; wrote to Mr. Barry about it after they were arrested,: to know their additional information was: not here after I left, until as a witness; I have no arrangement as to the division of the reward; I am to, have my witness fees, mileage and expenses from my own town, I received a letter from the Prosecuting Attorney with $38 enclosed to buy a ticket with; Mr. Barry's mother in my cousin.
The State thereupon rested its case and an adjournment was had until 7 o'clock p. m.
Testimony for the Defense.
CHLOA (SELLERS) RHODEBECK
Father went about when we did, to pay borrowed money. "Ma, where is the money?" She said, "ou can't find it;" Will was ahead went of us; I went on to milk the cows; got back and sit by the fire: fire-place south side of the house; talked about the wall paper, & c.; no trouble or unkind words between us, we couldn't have got along better; Will went to bed first, about 9 o'clock. leaving his shoes in the kitchen; he slept in the front room up stairs, over the sitting room, toward the road on north side; mother and I went to bed about the same time; mother covered the fire; she slept in the bed room,, east side of kitchen, window to the east, door into the kitchen, buttery on the south side; I slept in parlor, front of the house, no door between, I had to go through the kitchen ; regular places where we all slept; I heard father, when he came back; I said, "Father, is that yon?" he said, "Yes;" I heard something; and thought it was a horse loose; I put on a dress that was hanging on the cupboard, and went out to put it away; had nothing on but black calico dress; went into kitchen and said. "Pa, get up quick, the house is full of smoke;" he said, "Yes, yes;" I went out the south door, and the house was full of smoke; I went to the well and put the bucket down; I saw something like two lamps and thought the house was on fire; I pulled the rope and it broke; I run to Sam Gordon's, calling, "Fire ;" Gordon said he would go, and I went on to Henry Fritz's, then on to our neighbors, thought I could get them and put out the fire; Fritz's wife said, "Your pa is up, isn't he?" I said, "Yes;" they wanted to know about Rhodebeck, and I told them I hadn't thought about him, I only thought about pa; didn't see Rhodebeck till I got back; Gordon said, Tena and Dave are not up; I said, "My God! yes; they are," said. "No," I said, "My God!.pa and ma are gone," Henry Fritz said, "Come and make a home with me," I wanted to see them after death and they would not let me; the, last time I saw them they were on their feet; I went to the Coroner's inquest and testified to all I knew; I have always been willing to do that; wore the black dress I had on for about two weeks; also, got out one I wore to town that day; settled up with Rhodebeck for work done, after the sale sold all the stock, because I had no one to attend to it; gave him my note for 80 some dollars, no agreement about getting married after I had been in Mt Gilead about a week he proposed; we were going together, were engaged about two weeks, and were married Thanksgiving day; my first child was born August, 1st; the second a year ago October 1st; last child, 17th of November; it was born dead, J. T. Norris came to our house the first Sunday after the fire, and asked us several questions; I never paid him or any man a dollar to go away; heard Benedict testify today; saw him coming down the road to our house; he wanted to know if there were any young folks there; and I said Dan Rhodebeck was there; he want me to go to writing school and I said, "No,' he said he would go and see my husband; I told him not to get him, I didn't want to stay alone; I told him my pa and ma burnt up; he said, "Burnt up!" I said yes; he said "You saw them?" I said "Then you are the man who dit it," he wanted me to go before the Squire; got out his hand-cuffs and threatened to kill me; he wanted me to give him $1,000 if he would keep still' I said "Np; I have offered public reward, and will not give another cent;" he came again when Will was in the sugar camp; he went out there; Earlywine was there once when he went to the woods; Earlywine stayed at the house; I never had anything to do with killing them, the Lord knows I didn't; didn't go to see any one about money; had about $200.00 in bank; had notes in bank, the First National Bank of Mt. Gilead; I had no way to raise the money but sell the notes or mortgage the farm; Kidwell came on our farm last March; he lived on Lyon's farm, 1/4 of a mile away; he moved there on Monday, and on Friday he said, Hello, purty! How are you to-day?" one night I was in the house about 7 o'clock, after dark, and heard a noise in the wood house, and through it was our dog; I said, "Jack, get out;" I went out to the wood house door and tried to push it open; Ed Kidwell said, "Hello, purty, is that you?" I said, "Yes; is that you, Ed?" One time in the house he choked me down and tried to kiss me; he said he would kill me if he wasn't afraid Rhodebeck would come back; he was in the habit of calling Will a s--- of a b---- a poor cuss and married better than he did; told him it was none of his business; he said, "if yon don't go with me you will have to go with someone else or without any one;" called his wife all kinds of names, and said he would get rid of her before fall; I came twice to see about getting rid of him; first, in a buggy, and second, on foot; first time, I saw Mr. Simms; second, Mr. Andrews and his partner, Barry; never had any trouble or fights; never said you G--- d--s- of a b---- father and mother would be living yet but for you; I never whipped my boy, he is not old enough to whip; never said anything; Kidwell said I did; never charged him with having anything to do with my parents' death for I knew he didn't have; father was a carpenter and kept tools over the kitchen, such as bolts; wrenches, old tools, &c., and were there the time of the fire; the hatchet was in the kitchen to split kindling &c. with; never struck mother with hatchet or even my hand, nor corn cutler, or anything else; Norris got the corn cutter in the shed, or out there; did not know I was going to be arrested till the Sheriff came; I always made my home on the farm; stayed one night in Mansfield once; they came down and got Will and took him; I was taken about 2 o'clock the same night; I had two children, one not 3 years old, the other about 8 months; 1 was then in the family way; on the way up, Prosecuting Attorney said I was badly given away; he said Will gave me away; I now know all about it; I told him I knew it was not so; be said I might as well tell; I said I told all I know and can't tell any more on Monday Prosecuting Attorney came in and took statement; he said, "I am Prosecuting Attorney, and know people in' this town who could be hired for a very small sum to go and do the job; "the Lord knows I don't know anything that I haven't told here to-night; I never heard anything about a white horse until here to-day; when Kidwell was, hauling maple syrup he said,"Purty, by God, if you just say so, I'll fix Bill so he won't bother us;" one night the boys had been working in the sugar camp; came home and said they were awful tired; they laid on the floor; Dan said, "I believe I'll go to bed;" then I said, "Will, let's go to bed;" he undressed the boy and we went to bed; our dog was very cross; we took him into the bed room and gave him a blanket to lay on, looked around and saw Ed. Kidwell in the door; he said to me, "We can make a bed on the floor; I told him: he had come-to the wrong place; I poured out water and told him to go or I would scald him, and he left; there was a half a wagon load of iron in the garret over where my parents slept; I have had but little schooling; can read some and write to my name; I worked out on the farm, and. helped ma; I cut and raked hay, oats, wheat, & c. I never cared for clothes; got what I wanted ; night of the fire it rained toward morning.
CROSS-EXAMINATION
I am close to 30, but don't know exactly as we never talked of it in the family; they spoke of a day being my birthday, don't know when it was; I knew when I was is by heading ma say if I lived till the 4th the 4th of such and such a month; don't know what month or what year; we always kept Christmas and New Years and Thanksgiving day: we gave presents that would amount to $10.00 on Christmas; when I was 8 pa gave me $100, and it was lent, to George Ulery; I got the interest; Ulery paid it back before father's death, and it was put in land, and the deed made to father; pa always gave me money when I asked for it; I would get $1.00 or whatever I asked for; I got 1/2 of the dried apples, turkeys, &c.; what I saved depended on what I got; I bought a calico dress out of my own money. I had $2000 of my own money in the farm; I know by amount I could make a year; I had no note and my book account was burnt up.
I had horses, 4 head at a time; father gave me one, I raised the balance; pa sold them, got money and invested it as he saw fit; I had 3 or 4 head of cattle at onetime; pa sold them; he got the money; I sold one to a butcher in Cardington; pa said if I could get so much I could sell it; I sold it, put more with it and put it out on interest; ma and I had that much; pa Loaned it out to Al. Hartley and took his note. payable to himself; I had six good dresses when my parents died; had had them 7 or 8 years ; Nettle Shaw cut me out a; dress; I told her I wanted a silk dress and they would not let me have it; I never told anyone that: I remember the day of the fire; was in the millinery store, and found nothing to suit me: I was not in at Denman's; I had one pair of gum boots and 3 or 4 pair of shoes at a time; sometimes they were heavy, and again, thin; I went with them to pick them out; I had everything I wanted before I was married; I knew Squire Chilcote; never consulted him.
FRIDAY MORNING
0. L. R French, County Surveyor, was first called and identified the plats of the Sellers residence and premises which be had made for the use of the defense in this trial.
Chloa (Sellers) Rhodebeck recalled on cross-examination: I slept in the parlor; in that room was a weaving loom, cupboard, wooden bench pa made, 10 feet long, chairs, no carpet on the floor, my bed was in the room; a bench full of clothes, and grain; the sitting room; had chairs, a bed and oil cloth carpet, fire place and a box cook stove in the kitchen;. we didn't use the cook stove on the 25th of October; we had another stove not set up for about three years; we had two furnished and one unfurnished room upstairs; one chair upstairs; Will. Rhodebeck slept upstairs; on the 25th of October I was at Cardington; ma and pa and Will. Rhodebeck went with me; we got there about 10 o'clock; I went to trade and get some wall paper; the wallpaper didn't suit and I didn't buy; Rhodebeck went to get his watch, fixed, I was not in any dry goods store; we stayed in Cardington until about 2 o'clock; we got what we wanted to, eat at Mezgers grocery; ma and me went to Mooney's to look at some wall paper; we went to another drug store and to a millinery store; father had $15 in money for trade, or the butter sold; we bought nothing except to eat I saw nothing else bought that day we took two bushels of wheat and, got some flour from the mill; got home between 4 and 5 o'clock my parents were in good clothes, or in their "scuff" suit we did not have on our best clothes had a coat once costing $35 ; Will. Rhodebeck had on his second best suit; when we got back pa and Will put up the horses; and ma and me changed clothes and got supper of cheese, dried beef, bread and butter, pie and cake; after the horses were put away, Rhodeback attended the calf; my trunk with my. watch and jewelry was in my sleeping room; carried the trunk out of the room and put my watch in it, in a watch case;
I didn't carry the trunk back. After that I got supper and ate it; I built a fire in the fire place; had a light in the room; Rhodebeck and I said nothing to each other before supper; after supper, about dark, I went to milk; Will Rhodebeck went ahead of me; ma came about 25 minutes afterwards; the cows were up on the Lyon farm across the road; we said nothing but went to milk; I only asked him what fellow that was with Will, in Cardington; he told me but do not remember his name ; after milking ma and I put the milk away; Will got some kindling and put it in its usual place; pa said, "It's cold to-night;" Will brought in big sticks of wood and ma put them on; pa was down to Uncle Henry Fritz's to pay him $3 or $4 which he owed him, took the money out of the trade; I got in cash not over $500 from father's estate in notes and money ; sale amounted to about $1000; no mortgages on the land at at the time; I placed a $1000 mortgage on the land before my arrest, for things which had been purchased to buy stock, feed etc., and of things about the house, and a $1200 monument; I never gave John T. Norris or any other man a $100 or a 1000 pennies; I first saw Kidwell last February when he came to hire to Will.; I never had but one quarrel with Will, and;. that was caused by Kidwell; I thought Will and Kidwell's wife were too intimate; we've had more or less trouble every since Kidwell's came ; I never went to Chilcote's to get advice; I never told that Will hit me or choked me.; Kidwell first, came to see me in my husband's absence, the next week after he moved there, he called me "purty;" we were alone; I told him to quit; I didn't get mad,_he said if I said so we'd get rid of Will, I told him I didn't wish to be his third woman and he must behave himself when with me; about the same conversation occurred on, the same afternoon; he came two or three times a day and always called me purty; we all set up and talked about an hour on various subjects; I dropped my clothes down by the bed; heard pa came back, and asked him "is that you?" .He said, "yes;" I heard nothing else,. no other noise, and went to sleep; I was awakened by a noise like a horse pawing; I reached up and got another dress some better; I said to pa, "the house is full of smoke;" he said, "Yes, yes;" I didn't look into the room, I couldn't see; I. went to the well to draw water turned round and saw alight like two extra bright lamps ; I rang the bell and ran to Sam Gordon's crying "fire," and went on to Fritz's by that time the house was all aflame; my thoughts were all of pa and ma and thought they were safe; I didn't call ma nor Will. I didn't hear any cry, of "murder" or "help;" I didn't see any horse, nor look for one; I next saw Will, and Sam Gordons's hired help, carrying a kettle of water from the run to put out a shanty near the house; I was in Columbus before my marriage, and bought my wedding clothes there; I did not send the Sheriff for Mr. Barry when he came I asked him how we came to be there? He said he had done nothing but his duty; I said I had seen a great deal of trouble that summer; he came again the neat morning; I can't tell what past between us; the Stenographer came with him, and I said: a some things then; I talked to Will, about the tragedy after we came to town.
Cross-examination by Powell: I didn't mean that Will and Mrs. Kidwell had improper relations; Will, had about $30 burned up; I have paid no money to buy off or corrupting anybody.
HENRY FRITZ.
There were pieces of plow irons, arch irons for saws, with 3/4 inch bolts, bits ef planes heave spikes, rifle barrel were found in the fire; report of a rifle in the burning building was heard shortly after I arrived at the fire. The witness then described positions of bodies and how they were removed from the ruins. Here, the noon recess was taken.
Friday Afternoon.
Henry Fritz continued his testimony my wife has earrings of Mrs. Sellers' here.; I know William Benedict; saw him is the neighborhood after, the tragedy; he threatened to kill Billy if he did not reveal what he knew concerning the murder; Rhodebeck never came to borrow $1000 to, pay the detective; I never knew of a dollar being paid to any detective; I saw, Benedict at Rhodebeck's house.; Chloa wanted to see the bodies: she saw the coffins; Chloa was much attached to her parents; and they to her the thou thought well of Rhodebek, and he liked his home with them.
CROSS-EXAMINATION.
Christena Sellers ' was my sister; there was water carried from the run and thrown on the bodies; I saw Benedict and Bill in the road; Benedict had a revolver and handcuffs, and threatened Billy; I was three rods off; I looked at them awhile and drove off; I knew this when I testified before the Coroner but didn't tell it I was not asked.
MRS. LAURA FRITZ.
Wife of Henry Fritz; Chloa and parents dwelt in harmony, and they got along well with Rhodebeck; exhibited earrings Mrs. Sellers wore night of the fire: she wore them ever since I knew her; I know Benedict by sight; I saw in the neighborhood after the tragedy, saw him with Billy, whom he was threatening with a revolver; Chloa was very much affected by her visit to the ruins and premises; I knew Kidwell who has not a very good reputation for truth and veracity in the neighborhood; we didn't stop when we saw Rhodebeck and Benedict, but drove right on never said there were any spots on Chloa's clothes which looked like blood.
GEORGE W. BELL
I saw and talked to David Sellers the day before the fire; I said "Dave, you have enough, why don't you stop work." He said, "I'm going to, I now have the best man on my place I ever had." Don't know who that man was; he did not say.
CHLOA SELLERS, RECALLED
Chloa Sellers got from William Sellers $,500; for insurance, on barn $300; from William T. George, $700; Van Horn & Wood, $-------; borrowed from George since I got in jail; lost $1000 in stock within last year on account of these troubles.
H. VAN HORN ..
I saw David Sellers in Cardington; day daft before tragedy; verified Mr. Bell's testimony; I saw Benedict when here in 1889; he had a couple of revolvers strapped about his waist.
H. S. MONEY.
Mr. Sellers and daughter were in the drug store day before the fire, looking at wallpaper; did not purchase.
A: MAYER.
I saw the Sellers' in Cardington day before the fire; were in my grocery but did no trading conduct friendly.
GEORGE W. ULERY.
Had known Benedict the detective, who endorsed to get witness to go to Rhodebeck's and persuade them to pay $500 reward to detect murderers of her parents ; they never desired to borrow money of me; I was at the fire; and at post-mortem; hair of Mrs. Sellers was wet with a dark liquid substance; don't know what it was.
ARTHUR BROLLIER.
I saw the Sellers, in Cardington day before the fire they were in Mezger's store with produce; noticed no unfriendly actions.
W. B. DENMAN
Remembered Mr. and Ms. Sellers having traded at his dry goods store; no apparent unfriendliness ever noticed in family.
WILLIAM EARLEYWINE
Resides in Canaan township, brother-in-law to W. N. Benedict, who, stopped with our folks when here after the Sellers tragedy, I accompanied Benedict to Harmony township when he talked of organizing a writing school, in February 1889; . I was there with Benedict three times, and with him when, he talked to defendant; on second and third trips they knew Benedict was a detective; heard no confession, or any admission implicating them with the murder; heard conversation between Benedict and Ulery.
CROSS-EXAMINATION.
I never saw any one drive by when Benedict; Rhodebeck and I were together.
W. N. BENEDICT
Recalled admitted alleged statements in part and denied them in part, .
GEORGE JACKSON,
Of Canaan township, known Thomas D. Wagon for 25 years; his reputation for truth and veracity is bad; wouldn't believe him as readily as men in general.
RANDOLPH PATTEN,
Of Canaan township; known T. C. Wogan since we were boys, reputation for truth and veracity not good ; don't say he wouldn't tell the truth, but would rather believe some other men:
SAMUEL BAILEY,
Of Canaan township; has known T. D. Wogan about six years; his general reputation for truth and veracity is bad; wouldn't believe him as readily, as I would some other persons.
AL. ELLIOTT
Resides north of Edison, and has had business with T. D. Wogan, whom he has known for some years; his general reputation for truth and veracity not as good as it might be; wouldn't t believe him under oath, as quickly as he would men in general.
W. J. IRELAND
Of Canaan township, has known T. D. Wogan since he was a boy; have heard his reputation for truth and veracity is not very good, couldn't believe him, as readily as I would men in general
E. S. SHERMAN
Lives in Canaan township, and has known T. D. Wogan, many years; his general reputation for truth and veracity I have heard, was not good; wouldn't believe him as readily as other people.
JAMES SHERMAN
Lives in Mt. Gilead formerly in Canaan township, knows T. D. Wagon, general reputation for truth and veracity bad wouldn't, believe him as quickly as other people.
SEYMOUR MCANINCH
Of Canaan township, has known T. D. Wogan about four years; his :reputation is as good as men in his general.
B. T. MASTERS.
Of Edison, has know T. D. Wagon a good while, am a partner with him in the hay business, reputation not as good as men in general, and I couldn't believe him as others; Wogan wanted us to blackmail J. D. DeGolley.
Friday Evening
SAMUEL ALBRIGHT
Knew T. D. Wogan's reputation for truth and veracity was none of the best: would believe him
LAFE HOLLINGSWORTH
Knew T. D. Wagon, and stated that his reputation for truth and veracity was not very good.
JOHN W. FRITZ
A brother of Christena Sellers; the family was affectionate and hd no trouble, knew Rhodebeck since he came there to work; they never had any trouble; I went to the fire about 7 o'clock in the morning saw the bodies, which were exposed to the rain; one side of Mrs. Sellers' face was charred, one ear burned off, and skull burned, nothing like clothes about the head; Mr. Sellers said Will was the best hand he ever had.
CROSS-EXAMINATION.
There was no blood about Mrs. Sellers' head ; Dave and his family all lived peaceably together as far as I knew.
JACOB FOGLE
Knew the Sellers family; lived about a mile from them; they lived together peaceably as far as I know; I went to the fire about 3 a. m.; several barrels of water from the cistern were thrown over the bodies before they were removed from the debris; saw nothing resembling blood about the bodies; plenty of old iron in the debris such as plow points, etc..
B. B. MCGOWEN.
I knew Ed Kidwell; met him on June 11th; he told me that he was after that $1000; he believed that Dave Sellers' head was in that old well which he filled up: I knew Dave Sellers, talked frequently on trips to town.
WILLIAM F. RHODEBECK,
The defendant, is 29 years old, was born at Lock, Licking county, moved from there to Bloomfield when about 6 or 7; after a year moved to Harmony; in 1 1/2 years moved from there, always lived in Morrow county since thin; had very little schooling; began to work out when 15 years old; on farms, mostly; was never arrested except this case; began to work for Sellers March 19th, 1888; first saw him in February 1853; went down and hired to him for $16, washing and board per month; I slept, up stairs, first room on the west over the sitting; room, bed on the north side of the room; relations with the family, were always friendly; I was treated very kindly; we went to Cardington October 25th; 1888; they desired me to go along; we started about 10 o'clock; went in a. two horse wagon; took butter and wheat got there about noon; don't know who done the trading started back about 2 o'clock, no trouble; in Cardington everything pleasant going back; arrived home about 6 o'clock, changed clothes just after supper before milking; Chloa assisted; 12 head to milk; Mrs. Sellers came out and assisted; all went back to the house; Mr. Sellers was not at home; he was down to Henry Fritz's; I split kindling and got wood after milking; and took, it in. the house; I went to bed about 8; we had a fire that night in the fire place; Mrs. Sellers fixed the fire before retiring, went to bed without a light; did not hear Mr Sellers come home; was awakened by some noise and saw that the house was afire; saw it through the slat door off my room; put on my scuff pants, no other clothes, front door of sitting room down stairs was partly opened; I started to get through the kitchen; it was full of smoke; halloo for Dave, but couldn't make any one hear; I then began to throw out things; I saw no one about; first I saw was .Frank Mateer and Sam Gordon; wall trying to get out a bed when they arrived, after I got out the bed, one of them opened another door and began to carry out things ;
Sam Gordon asked "where's Tena and Dave?" I said "I don't know where," I hadn't seen them, Sam Gordon asked, where their room was; started 'round to show him, I pointed out the bedroom window he brake in buttery window; I says "the other window;" the. house was full of smoke, and then flashed up; couldn't get in; I helped carry water from the run to put on outbuildings; several neighbors come during the night first saw, Chloa coming across .the field with Henry Fritz ; I remained until about daylight, when I went with Henry Fritz to his house; there was no quarrel, between Chloa and her mother the night before; I was not intimate with my wife before marriage; had no quarrel with Mrs. Sellers; was badly frightened when I saw the fire; I got a pair of shoes out of the fire; trunk with good clothes, underwear,$30 etc. all burned; that was all the money and every thing I had; overcoat left down stairs the night before was got out; stayed at Henry Fritz's about a week and came to Mt. Gilead; had settlement then with Chloa, and received balance wages about $78, paid by note, remained at Joseph Wright's and became engaged to Chloa there and was married; moved back to the farm, where we lived until arrested; went to Mansfield, and purchased monuments; cost $1200 about when put up.
SATURDAY MORNING
I saw the Sellers family and Rhodebeck in Cardington the day before the tragedy. Their actions were no uncommon.
WM. F. RHODEBECK RECALLED
I testified before the Coroner the morning after the fire; and at second examination before the coroner at Mt. Gilead; John T. Norris arrived on Sunday after the fire ; he was at Fritz's quite a spell; Chloa and I testified. to him separately; I answered all questions; Brad Dawson, then Sheriff, was with him; never seen Norris since; I paid no money to him; I first saw Benedict in the sugar camp on the Conger place; he assumed to be a writing teacher; he came to the woods the second time and insisted on me coming to his school; nothing was said about the fire; he was to see me about five or six times; I recollect when Fritz and wife went by when I was on a load of wood; Benedict came up and wanted me to take him to Cardington I refused, he insisted; he said be knew all about the fire, and that he knew I knew all about it; that he was there at the time; he, had two revolvers, one in his belt and one in his hand pointing at me; he also had hand cuffs; he said he had a warrant for me, for the murder of Mr. and Mrs. Sellers; I wanted him to read it, but be didn't; he wanted me to turn State's evidence against Chloa; told him I knew nothing to tell; he held me there under his revolver for about two hours; he finally told me, if I would keep my mouth shut I could go to the house with him as he wanted to talk to Chloa; we went to house; he told my wife I had confessed everything to him, .that she must also confess; he took out his revolver and handcuffs, saying he had warrant for both; I kept my mouth shut, because of his threats; Chloa made no confession; he was there about an hour; he came back twice, always abused us; he said if we would give him $1000 he would go away and not arrest us; we gave him nothing, and tried to get none and never did; I finally told him he would have to leave or I would put him out; I never told him there had been a quarrel the night before the fire, or that Chloa had hit her mother with a hatchet, or any other such stories as he reported; I knew Ed. Kidwell after he moved on the place when the trouble commenced;. I had him removed last August; he came to our house every day; never struck or choked my wife in my life. Defendant denied in every particular the evidence of Ed. Kidwell. I was arrested July 9th about midnight, by the Sheriff, Mr. Barry, Mr. Brown and Thad Powell; I knew nothing of it before; wanted to know of Prosecutor who had sworn. out affidavit; he said my wife had given me away; I did not know my wife was to be arrested, did not know it until Monday following when I saw my wife; never knew Wogan, saw him in jail Sunday morning he called himself Jack. Defendant denied in every particular the testimony of T. D. Wogan while with him in jail, right smart of mousy lost by making sale and buyng other stock; don't know how much.
Cross-examined by Barry; When I went to Sellers' I had about $35 or $40 ; and in clothes; had an interest in a field of wheat; nothing more but trunk; lost money in a law suit against Wm. Lloyd; Chloa did general farm work with Sellers and I got well acquainted with her in the six months I was there; at Cardington I weak to the jewelry store, talked to a. man named Clark; from jewelry store went out on the streets, up and down and stood .around. witness followed actions in town and trip home to milking. time; was milking 4th or 5th cow when Mrs. Seller came may have said something to Chloa I don't remember what; nothing new was developed in this testimony before the noon hour.
SATURDAY AFTERNOON.
WILLIAM RHODEBECK
Resumed testimony, on cross-examination by Prosecuting Attorney: There was smoke in my room when I was awakened by noise; I put on my pants and carried my coat, vest and shoes down stairs, which I threw out of the sitting room door; I hallooed, and began to carry out things; fire was in the kitchen, a little smoke in the sitting room; I threw out goods; I didn't know where Dave and Tena were didn't. know why; I thought Chloa was not there; I don't recollect where I was when Frank Mateer and Sam. Gordon came, or what either they or I said; they made little effort. to find out where they were; I can't tell why I didn't up and break in the windows: I can't tell what happened at this time; I was close to Mr. Gordon and looked in the window; I can't think of what was said then; I couldn't tell why I didn't go to the old folks' sleeping room when I first came down; when Chloa came back, I can't remember what was said; I helped to carry water to put on the outbuildings; didn't assist to take out the bodies because Mr. Fritz didn't want me to stay; I don't recollect what was said there; I went back and done the chores remained at Fritz's about a week; Chloa was there; to Joseph Wright's in Mt. Gilead; next saw Chloa the day of the sale; don't recollect of talking to her; next saw her in Mt. Gilead on the street; next saw her the day she moved to Gilead: I might have moved something up for her, don't recollect; next saw her at Wright's; talked to Chloa about her parents' death and property before I proposed to her; we were married about three weeks after I proposed; we never kept company, and I had never thought of marrying her until after the fire when I proposed, she didn't give her consent for three or four days; she said she wanted to go back on the place didn't like town; it was talked that there might be a suspicion, but we were suspicioned anyway, but we knew we were not guilty, and though maybe we might be arrested; wouldn't testify to any more; we were married Thanksgiving: went to housekeeping on the Conger farm; shortly after marriage, I never said anything to Kidwell about his leaving the place until he testified before the magistrate, and we then had him taken from the place; my wife and I have had words, but no quarrels; Chloa didn't get up one morning, was away over night with the little girl, I didn't know where she was; she had wanted me to hitch p and I refused before she went; she had, gone away on foot; the sale amounted to $1300 or $1400; got about $370 for insurance of barn; $500 from Sellers; got from Mr. George $400; from Mrs. Evans, $1,000; can't nor will not tell how much received from Van Horn & Wood for timber.
Re-direct examination by Mr. Powell; When Chloa came up to Mt. Gilead it was for the purpose of putting Kidwell off the place; we have notes and memorandum of notes and money; and are willing to submit the same; I know nothing whatever of how Mr. and Mrs. Sellers came to their death, or what caused the fire.
W. H. BARNHARD
Heard Benedict testify; he never admitted that he had secured a confession or been offered money to keep silent, but announced his mission to be a failure; never came with any information while I was Prosecuting Attorney. On cross-examination he said he knew not whether Benedict had information or not, he had never told him so.
FRANK POWELL.
Knew a man named Benedict; he came to Blackbird where I was teaching; he wanted no one to know his mission except me.
DANIEL RHODEBECK
Brother of the defendant, lived with him from December 10th, 1888; I know Kidwell; he was with us in the sugar camp, and did not return to the house; he didn't come to the house and hear my brother and his wife quarrel; they never. quarreled. or fought; I knew Benedict, saw him at Will's house; he wanted to board there, and us to attend writing school; I next saw him in the woods; then at brother's house, when he displayed revolvers and wanted Chloa to confess; told my brother not to open his head or he would kill him; witness here testified substantially as to Chloa and Will, concerning conversation. .
On cross-examination: Kidwell helped open the sugar camp on February 24, Kidwell generally came every Sunday; I was there every time Kidwell came; Will got to the house before Benedict; we unhitched the horses, and put them in the barn, and went in the horse; he. was there four times; I saw Benedict at Will's date of Green's sale; the family never quarreled any; she had marks made by, Kidwell trying to kiss her.
N. N. Benedict recalled: Recollects Frank Powell, a school teacher, denied having told him that he had threatened Rhodebecks and failed, to obtain a confession. `
Frank Powell recalled: Benedict talked to me three different times; he said that they had found out he was a detective, and that he had gone to the house, but couldn't scare anything oat of. Chloa; he had three revolvers and two pairs of hand-cuff`s, which he carried in his overcoat coat pockets
AMOS KIDWELL
Brother of Ed Kidwell; I didn't hear him testify; he said to me the day Rhodebeck was arrested that I had told that he and Chloa had been together; wasn't true; I worked for Rhodebecks, making ditch, last spring; when there, Ed said he could get the $1000 reward at any time.
THAD B. POWELL
Was with the crowd who arrested Mr. and. Mrs. Rhodebeck; Rhodebeck was first brought out, hand-cuffed; he was told that certain facts implicating him had been found out, and questioned closely; he at no time indicated his guilt; we returned and got Mrs. Rhodeleek; it was represented that her husband had given her away; she rather forcibly denied any guilt; it was about 4 o'clock when we arrived at the jail; she brought her youngest child with her, leaving one at home with Dan Rhodebeck.
WM. P. CLARK.
Knows Edward Kidwell, who said he wouldn't have had defendants arrested had Mrs. Rhodebeck not threatened to kill his little boy.
JOHN MARTIN
Knows Edward Kidwell who said he wouldn't have had them arrested had Mrs. Rhodebeck not threatened to kill his little boy.
JOHN GARRISON
Has known Ed. Kidwell about 15 years; knows his, general reputation for truth and veracity to be very bad and would not believe him under oath; heard conversation between Ed and Amos Kidwell, wherein Ed wished Amos to testify to an untruth.
WILLIAM LEONARD
Heard conversation between Ed and Amos Kidwell where Ed, wanted Amos to testify to an untruth.
ALFRED CHANCELLOR .
Has known Ed Kidwell for years reputation for truth not as good as it might be; I wouldn't believe him as readily as some other men.
M. T. SMITH
Known Ed Kidwll 7 or 8 years.
JOHN WALKER
Kown Edward Kidwell about 12 years; reputation generally bad; wouldn't believe him, as readily as other men.
GEORGE WASHINGTON RHODEBECK
Father of the defendant; I recollect Chloa coming to Mt. Gilead last June to see a to lawyer; she came to get me to go down and see Ed Kidwell, who had been slandering her; he told me she was "ornery," I went down and saw him and talked to him have known him about 14 years; Chloa said she had consulted Lawyer Simms.
THEODORE CALLAHAN
Knew David and Mrs. Sellers.
Continued on Third Page
C. C. MANN
Knows the defendant; I heard Mr. Sellers say tht Will was the best hand he ever had on the place.
MRS. ALWILDA MANN
Knows defendant; heard Mr. Sellers say Will was the best hand he had on the place.
GEORGE FOGLE
Was at the Sellers' fire: notified neighbors and relatives in the neighborhood.
MONDAY MORNING, NOV. 28TH
HEZEKIAH GEORGE
Knows defendant and Ed. Kidwell; was present one Sunday evening when Kidwell was there. George Early was called to the "Lyons farm" to look at a well, the condition of which was dangerous twenty years ago; didn't clean it.
Mrs. Krout: Chloa Sellers rented rooms of me after the Sellers fire; was there until after marriage; washed skirts for her; noticed no blood on them.
Mrs. Jos. Wright first met Chloa right after the fire; am an aunt to the defendant; have visited their home and they were very affectionate; never saw any trouble between them; defendant quiet sober, industrious and not profane; went with Chloa to Columbus to purchase her wedding outfit; we were there a day and a night.
Jos. Wright, an uncle of the defendant, was with him when he hired to Sellers; Mrs. Sellers and Chloa spoke well of Billy as a hand; have visited Billy and Chloa since their marriage and never knew them to have quarrels; have heard talk of trouble between them.
Mrs. Eliza Edmund on the night of the fire was awakened by a dog barking, and immediately afterward hear a horse bo by, on a run and then saw the flames.
Josephus Lewis, between 1 and 2 o'clock on the night of the Sellers fire, heard voices ofpersons going along the road, going west; live about three miles from Sellers'.
Grant Gibbs was awakened the night of the Sellers' fire about midnight by a horse running, going along the road, going west; live about three miles from Sellers.
Morgan Chilcote lives ½ mile from Sellers; he heard a dog bark the night of the fire.
Mrs. Anna Sherman lived in Lincoln township in 1888; heard a horse going fast toward Cardington on the night of the Sellers fire, about two o'clock; our kitchen door lock was broken in the morning.
T. W. Lewis on the night of Sellers fire heard parties go by rapidly west on horse back; they were conversing.
Mary Lewis heard men going east and talking about midnight of the Sellers fire; about 2 o'clock heard men going west and talking; we're going rapidly.
William Warner was awakened the night of the Sellers fire by a dog barking and heard a horse running west; somebody shot at the dog.
Frank Richardson, age about 15, who has been in jail five months, recollected when Rhodebeck was brought to jail, July 9, Jack (T. D. wogan) and Nute Sherman arrived before the defendant. Wogan wanted Rhodebeck to turn State's evidence, and Will said he had nothing to turn evidence for; such conversation was repeated several times; this witness repeated stories told by Wogan in jail; Rhodebeck and Wogan had no private conversation, where one was we all were.
Cross examined: Am charge with taking a horse, buggy and harness; was very vigilant and watched Jack and Will all the time, never allowing them to be together alone. I was with them all the time, and heard every word of conversation. I was locked up when they arrived their cell doors were not locked.
Luella Hull worked at Rhodebeck's six weeks and saw no trouble between husband and wife, they just had occasional words, and he was always very kind and anxious to save her work.
G. W. Hiskett known Ed Kidwell eight years; bad reputation for truth; would n ot believe him as readily as others.
A. J. Frost has know Ed Kidwell 7 or 8 yeras; reputation for truth not good as general; wouldn't believe him as readily as men in general.
William Jones knows Ed Kidwell; reputation not as good as men in general for truth; wouldn't believe him as readily as men in general.
George Sellers, brother of David Sellers; he told me several times that Rhodebeck was the best hand he ever had on the farm, and that he intended to keep him as long as he could.
Zuria Fritz, brother of Mrs. Sellers; they told me that Rhodebeck was the best man they ever had on the place, and that they intended to keep him; was pleased at reference of him being a possible son-in-law, and said he had 100 acres for Chloa when she was married; helped to pick up bones from the fire, and bury them; have heard that they had been taken up.
Mrs. Matilda Fritz saw the Sellers family about 4 o'clock the evening before the fire; they then praised him highly and said they expected to keep him; the family were very affectionate; Chloa and Will, were very much affected at the funeral.
Mrs. Retta F. Adams: Mr. Sellers said Billy was the best hand they ever had, that they could trust him; at the funeral Chloa and Rhoebeck exhibited great feeling; Chloa and her parents were always affectionate.
Chris. Edgell had a conversation with David Sellers who said Rhodebeck was the best hand he ever had.
A. L. Hartley was awakened the night of the Sellers fire about 2 o'clock by some one calling me; I went out and saw Jos. Sellers, who inquired concerning sheep he heard h I had for sale.
Wm. Burns has know defendant 20 years; he was a quiet, peaceable, and an excellent hand.
Abner Truax has known defendant 20 years; he always had a good character, peaceable, sober and industrious.
Cora Cunningham has know defendant 20 years; he was always a quiet, orderly, temperate sober fellow.
Roy Powell; was at the Sellers fire the afternoon afterward; saw the pillow in which Mrs. Sellers' head laid; it was bad and charred; one side of head was burned and charred; one ear partially burned off; saw Rhodebeck, whose demeanor was not unusual.
Nicholas Chriswell, has know defendant many years, his character good, peacable, sober.
George S. Bruce has know defendant about 20 years; was trusty, peacable, industrious etc.
I. O. Busby had know defendant to be a quiet, industrious boy.
Henry Fritz; Chloa slept down stairs when at our house; we always locked her in.
Mrs. Henry Fritz denied alleged conversations with different parties, never saw blood on Chloa's clothing.
MONDAY AFTERNOON
Dr. R. C . Spear; Blood will flow for a short time after death; for a full and complete postmortem it would be necessary to examine all organs; the rule is to find the cause of death.
Dr. N. Tucker; Blood could flow after death, longer where warm than when cold; to determine cause of death, examine exterior body and then vital organs; all organs should be examined.
Dr. A. D. Wright; Blood will flow 2 to 20 hours after death; I attended Mrs. Rhodebeck during her last confinement when child was born dead.
T. D. Wogan was recalled and denied certain allegations, as did W. N. Benedict.
John Garriosn testified that Benedict wanted to fix him to testify contrary to Henry Fritz and wife.
Mrs. Caroline Makeever said Wogan told her he wouldn't give up his information until he had secured his pay.
W. H. Barnhard testified as to what Benedict had said to him after his expeience in the Rhodebeck neighborhood.
George Ulery; Bandage next to head of Sellers looked like bed ticking; Benedict said Rhodebeck was innocent, but Chloa was guilty.
John W. Fritz said the cloth on Mrs. Sellers' head was bed ticking.
Chloa Rhodebeck identified plat of premises; my father spoke to me about marrying will in June; mother heard it, he said I couldn't do better.
Defendants offered the ear-rings of Mrs Sellers and the plates of residence and grounds of the Sellers property in evidence, after which the defendant rested.
PLAINTIFF'S EVIDENCE IN REBUTTAL
Ross Burns: Had conversation with Mrs. Laura Fritz in which she stated that she "saw blood on Chloa's night dress sleeve.
John Price heard Mrs. Laura Fritz say that "when Chloa came over to my house I saw blood on her night dress sleeve."
John Thomas brother-in-law of Mrs. Fritz, heard her say she saw blood stains on her clothing.
Samuel Gordon heard Mrs. Fritz say she saw blood on Chloa's left shirt sleeve; that the people were fools in this country, that they did the deed; that the stains were of a clay color, like dried blood stains.
George O. Wood has know Ed Kidwell about 30 years; good reputation for truth and veraity; would believe him readily under oath.
Henry Edmund said, Chloa came after me to get her child away from Rhodebeck; she had marks on each side of her throat where she said Rhodebeck had choked her.
Wm. H. Carlisle knows that the general reputation of Ed Kidwell is up to average and I would believe him as readily as men in general.
M. Burr Talmage knows Edward Kidwell's general reputation for truth and veracity to be good.
James Vaughan has know Edward Kidwell about 2 years, that his general reputation for truth is fair, and would believe him as readily as ordinary men.
D.L. Chase has know Edward Kidwell 10 or 12 years, and his reputation for truth is as good as the average man.
John T. Buck has know Ed Kidwell slightly for 10 years; has heard nothing against him for truth and veracity.
M. H. Wiseman has known Edward Kidwell for 7 years; his general reputation for truth considered good; would believe him as readily as men in general.
Daniel Beers knows Kidwell's reputation for truth to be generally good.
Wm. Reed has known T. D. Wogan about 18 years; reputation for truth as good as men generally; would believe him readily.
Charles Mosher knows T. D. Wogan's reputation for truth to be as good as men in general.
Christian Gruber knows T. D. Wogan, and his reputation for truth and veracity is as good as men in general, and I would believe him readily.
A. J. Greenfield knows T. D. Wogan, and that his reputation for truth and veracity is good, and would believe him as readily as men in general.
S. A. Coe knows T. D. Wogan, and that his reputation for truth is good.
D. V. Wherry knows T. D. Wogan, as he has had dealings with him.
Dr. Jackson of Edison knows T. D. Wogan; his rputation for truth is genral good; so far as I have had dealings with him have found him honest.
R. B. Levering knows T. D. Wogan's general reputation for truth to be good; would believe him as readily as men in general.
L. C. Lyman knows T. D. . Wogan; his reputation for truth is generally as good as ordinary men.
D. F. Clagett; The general reputation of T. D. Wogan for truth is good; would believe him as readily as men in general.
The State rested his case at this point, and the defendant again called to the witness stand. Mrs. Chloa Rhodebeck who testified that the first night dress she ever had on was night after her marriage, that she never owned one in her life. This concluded the testimony in the case.
It was mutually agreed by the attorneys that the arguments in the case should be limited to six hours for each side.
At 7 p.m. the argument was commenced by Prosecuting Attorney, J. W. Barry. The Court room was crowded, standing room only being at a premium. Mr. Barry first made a brief, but thorough review of the circumstances surrounding the tragedy, and from the circumstances drew the inference that a murder was committed and that the defendants must have known of the murder; that if they must have known of the murder; that if they did not do it themselves they would tell who did. It would be very strange that an innocent man and woman would make no effort to save the old people, and stranger still that Rhodebeck, after his attention was called to the fact that they were in the building, never thought or spoke of Chola.
The birth of the child occurs in 9 months after the tragedy, and 8 months after the marriage. The conflicting statements made by the defendant before the Coroner, with those made here were next carefully considered and shown. The purported confession to Benedict was then carefully and logically considered, and its probability urged while the conflicting stories of the defense in reference thereto, were contrasted and exposed. The same course was then followed with the purported confession to Kidwell and Wogan, and the effort of defense to impeach them, pronounced an absolute failure. Mr. Barry closed at 8:50 p. m. with an appeal to the Jury to do what was right between the State and the defendant and asked on the evidence a conviction as charged in the indictment.
Mr. Barry's address was a clear, concise and logical presentation of the claims of the State, and at its close he was heartily congratulated.
Court convened at 9 a. m. Tuesday morning, when J. H. Beebe opened the argument on behalf of the defendant. The court room was about half filled - the relatives of the defendants forming a large part of the audience. Mr. Beebe first sought to impress on the jury the great responsibility resting upon them and what a verdict of guilty would mean to the defendant and his family. The testimony of Rhodebeck and his wife was next taken up and commented upon. The testimony of Ed. Kidwell was commented upon pronounced a pure fabrication. The testimony of the detective, Benedict, was thoroughly discussed and severely commented upon. The purported confession made to Wogan was next taken up and characterized as the invention of a vivid imagination. Mr. Beebe strongly urged the entire absence of motive for the commission of the crime, and consequently that no crime was in fact committed. That every circumstance showed that they were suffocated and not murdered. The conduct of the Marshal, Sheriff, and Prosecuting Attorney on the night of the arrest was severely arraigned, and the latter's conduct in particular was caustically criticized. The excellent character previously born by the defendant was called to the attention of the Jury, Mr. Beebe closed his exhaustive argument at 11:50 with an appeal to each and every member of the jury in behalf of his client, and Court then took a recess until 1:15 p.m.
Long before one o'clock every inch of available space in the court room was crowded to suffocation and scores were turned away unable to gain admission.
At 1:15 Gen. T. E. Powell rose to make the closing argument for the defense. He preceded at once to the Jury and invectives, sarcasm, ridicule and eloquence were all called into play. No synopsis can do justice to the marvelous address of Gen. Powell. Suffice it to say that every particle of the evidence was carefully and thoroughly handled and commented upon by a master mind. Numerous authorities were introduced and read to the Jury as a part of his argument - particularly medical and legal authorities on the subject of detecting whether wounds were inflicted before or after death. The masterly address made by Gen. Powell in the Wagner case has never been forgotten by our people and the one made by him in the present case will be remembered by those who had the pleasure of hearing it as long as life shall last. Several times during its delivery the vast crowd in attendance, involuntarily broke out into applause that was repressed with difficulty, and only after the Court had threatened to clear the room of all not engaged in the trail. General Powell closed with a magnificent peroration at 4:15, and after a ten minutes recess the closing argument for the State was commenced by.
JOHN D. DEGOLLEY,
of the Morrow county bar. Mr. DeGolley opened with a statement to the Jury that he did not desire a conviction unless it was warranted by the testimony, but asked the Jury to go with him into the highways and byways of the testimony, and from that testimony render a verdict of guilty as charged in the indictment. He next claimed that the wounds on the head were on the right side, and that the proof showed she was found lying on the right side, consequently that they were not in position that they could have been caused by iron dropping down from above as claimed by the defense. Mr. DeGolley again went over the principal points of evidence for the State - digressing occasionally to give utterance to some of his choice bits of eloquence. Mr. DeGolley made a forceful eloquent and telling argument, and at its close Judge Wolfe charged the Jury as follows:
CHARGE TO THE JURY
GENTLEMEN OF THE JURY:
At the October Term, 1892, an indictment was returned by the Grand Jury of this county against Chloa I. Rhodebeck and William F. Rhodebeck, jointly charging them with the murder of David Sellers, and alleging that said crime was committed in the county of Morrow and State of Ohio, on or about October 25th, 1888; and further alleging that said crime was by them committed unlawfully, purposely and of deliberate and premeditated malice, by making an assault in a menacing manner upon said David Sellers, to kill and murder. And it is further alleged in said indictment that with a certain corn cutler, and by use of means and instruments, weapons to the Grand Jury unknown, which they the said Chloa I. Rhodebeck and William F. Rhodebeck, then and there had in their hands and by them then and there held, they the said Chloa I. Rhoebeck and William F. Rhodebeck, he, the said David Sellers, then and there unlawfully, purposely and of deliberate and premeditated malice did beat, bruise and strike with intent to kill and murder as aforesaid.
By our law, murder in its different degrees, is defined and the punishment prescribed as follows, viz;
FIRST - Whoever purposely, and of deliberate and premeditated malice kills another, is guilty of murder in the first degree, and shall suffer death.
SECOND - Whoever purposely and maliciously, but without deiberation and premeditation kills another, is guilty of murder in the second degree, and shall be imprisoned in the penitentiary during life.
THIRD - Whoever unlawfully kills another without malice, either upon a sudden quarrel, or unintentionally, while the slayer is in the commission of some unlawful act, is guilty of manslaughter, and shall be improisoned in the penitentiary not more than twenty, nor less than one year.
This indictment, although found against two persons jointly, for such alleged murder, yet, nevertheless, with equal force charges the offence against William F. Rhodebeck, who is alone on trial before the Jury, and its terms are sufficiently comprehensive to charge him with three offenses, viz:
Murder in the first degree; murder in the second degree, and manslaughter.
Murder in the first degree is the intentional, unlawful killing by one reasonable being of another, in the peace of the State, of deliberate and premeditated malice.
Murder in the second degree is the intentional, malicious and unlawful killing by one reasonable being of another, in peace of the State, of deliberate and premeditated malice.
Manslaughter is the unlawful killing, by one reasonable being of another in the peace of the State, without malice, either upon a sudden quarrel or unintentionally, while the slayer is in the commission of some unlawful act.
Malice, and a design to kill, are essential ingredients in the crime of murder, in either degree; while the first ingredient is altogether excluded from the crime of manslaughter. The intention, or design to kill, is also excluded from the crime of manslaughter, where the death results from an unlawful act designed to effect another object; but, if there arise a sudden quarrel and one, under great provocation, instantly kill another, intentionally, it would be manslaughter.
Malice is the dictate of a wicked, depraved and malignant heart. It is not necessary that the malignity should be confined to a particular ill will towards the person injured. It is evidenced by any act which springs from a wicked and corrupt motive, attended by circumstances indicating a heart regardless of social duty, and bent on mischief.
Malice is said to be expressed where the cruel act is done with a sedate and deliberate mind, with settled and formed purpose. This kind of malice is generally evidenced by this circumstances preceding and attending the transaction complained of, as by threats, menaces, formed grudges, lying in wait, concerted schemes to do injury, or by an unusual degree of cruelty attending the act.
Malice is implied where the killing is sudden, without any or great provocation;; and also where the act done necessarily shows a depraved heart.
When the fact has once been established that a person has unlawfully taken the life of another, in the absence of explanatory circumstances, the legal presumption would follow that such unlawful deprivation of live would constitute murder in the second degree; and it would be incumbent upon the State to establish by affirmation evidence the ingredients of premeditated malice constituting murder in the first degree, and likewise, it would devolve upon the defendant if it could not be inferred from the circumstances to produce such explanatory evidence as would reduce the degree of crime as manslaughter, or even lower, an assault and battery or, indeed such as would constitute a complete defense, and would justify the jury in bringing a verdict of "not guilty." But the evidence as to this, as well as all the other ingredients of crime, or other things connected with human transactions, my be either positive or circumstantial. Whichever kind is resorted to, however, should be of a nature to convince the understanding of each Juror beyond a reasonable doubt. Circumstantial evidence is often the most convincing. It is difficult to fabricate the connected links in a chain of circumstances, so as to preserve the semblance of truth.
It is more easy where perjury is intended to fabricate a positive facts. When the circumstances detailed are real and natural, they will correspond with each other, or irreconcilable with admitted or proven facts there results a plain and almost certain inference that artifice has been resorted to, and that the tale is not true. All the evidence, whether positive or circumstantial, should be deliberately weighted , with great care and caution.
In the first place, the Jury shall be satisfied beyond a reasonable doubt that the circumstances relied upon to prove the facts charged really existed; and then that these circumstances are clearly and certainly established.
In the second place, it is a rule of equal, or even more importance in this case that the Jury shall be satisfied that they conduct as a necessary result and conclusion to the inference of guilt.
It is a rule that may be called a golden rule in the examination and application of this kind of evidence which we call circumstantial, that should it so turn out that every fact and circumstance alleged and proved to exist in consistent alleged and proved to exist is consistent on the one hand with hypothesis of innocence, then those circumstances prove nothing at all. Unless they go so far as to establish as a necessary conclusion the guilt which they are offered with a view to establish, then they are utterly worthless and ineffectual to establish the guilt of the defendant.
All evidence whether positive or circumstantial, should be deliberately weighed, with great care and caution. The law presumes every individual innocent of crime, and requires proof beyond a reasonable doubt to satisfy the minds of the Jury that a defendant is guilty before they are warranted in pronouncing him guilty. The prisoner is entitled to the benefit of this presumption, and it would be yielded against him only when you are convinced by the evidence of his guilt.
The accused cannot be lawfully convicted unless the evidence establishes the guilt, beyond a reasonable doubt. What, then, is a reasonable doubt? A verdict of guilty can never be returned, without convincing evidence. The law is too humane to demand a conviction while a national (natural) doubt remains in the minds of the Jury. The Jury will be justified, and are required to consider a reasonable doubt as existing, if the material facts, without which guilt cannot be established, may fairly be reconciled with innocence. In human affairs, absolute certainly is not always attainable. From the nature of things, reasonable certainty is all that can be attained on many subjects. When a full and candid consideration of the evidence produces a conviction of guilt and satisfies the mind to a reasonable certainty, a mere captions or ingenious artificial doubt is of no avail. The jury must look to the evidence and if that satisfies them of the defendant's guilt they must say so. But if they are not fully satisfied, and find there one only strong probabilities of guilt, the only safe course is to acquit. And before the defendant can be found guilty as charged in the indictment every juror must be convinced or satisfied, beyond a reasonable doubt.
The "corpus delicti," which means the body of the crime, or, in other words, the main facts that a person is dead, having been murdered; for it is evident that if a man die of a fever or of disease, or if his house accidentally catch fire and he be consumed with it, that this alone constitutes no crime. And although the house was set on fire with murderous intention, and death ensue, being immediately caused by such fire, still it would not suffice, because the indictment charges murder by use of a corn cutter or other unknown weapon, and not by fire. So we instruct the jury that the body of the crime must be proven as an essential condition for conviction for murder or manslaughter and it is requisite: - That David Sellers should be shown to have died from the effects of the wounds as charged in the indictment. Second: That it should appear that these wounds were unlawfully inflicted, and that the defendant was implicated in the crime.
The evidence must establish the "corpus delicti," as aforesaid, beyond a reasonable doubt, or you must at this point bring a verdict of "Not guilty," and you would not need to proceed further.
If, however, you have found the essential fact of the body of the crime as before defined, then to convict of murder of the first degree - you must be further satisfied: - act purposely. 2d, That he did it with intent to kill. 3d, That he did it of deliberate and premeditated malice.
To constitute deliberate and premeditated malice, the intention to do the injury must have been deliberated upon, and the design to do it formed before the act was done, though it is not required that either should have been for any considerable time before. This supposes a party, by reflection, understood what he was about to do, and intended to do it to do harm. If these things are all proven and you find the defendant guilty of murder in the first degree, you need examine no further. If not proven to your satisfaction you should acquit him of murder in the first degree, and you will be under the necessity of examining further.
To convict of murder in the second degree, you must be satisfied of the "corpus delicti," or the body of the crime as aforesaid, and in addition to the same you must also find from the evidence: - 1. That the prisoner perpetrated the act purposely and maliciously. 2. With intent to kill. 3. Without deliberation or premeditation. If you are not satisfied of the concurrence of these facts, you should acquit him of murder in the second degree, and will be under the necessity of examining further.
To convict of manslaughter, you must be satisfied of "corpus delicti," or the body of the crime as aforesaid, and in addition to the same you must also find from the evidence: - 1. That the act was done unlawfully, 2. Without malice. 3. With intent to kill, formed in the heat of a sudden quarrel. Or, 4, Without intend to kill, while the prisoner was engaged in the commission of some unlawful act. The design, or purpose to kill, may be deduced from the declarations of the defendant himself, made at the time or after the alleged commission of the crime, or by his conduct when incriminating declarations are made in his presence by others; and especially alleged confessions made by him or by Chloe I. Rhodebeck. Implicating him is his presence, either at or after the commission of the supposed crime. But when reliance is placed upon such declarations or alleged confessions a jury should receive them with great caution, and scrutinize with care the circumstances under which they were uttered. Declarations made while a prisoner is agitated or depressed, or extorted through fear or hope are to be regarded but slightly; besides they are often imperfectly heard, inaccurately remembered and carelessly detailed. There is danger also that the witness may substitute words of his own for that of the prisoner, and the jury would then be influenced by supposed statements of the defendant which, in fact, he had never spoken and meaning which he had never intended. The Jury is further cautioned and instructed that mere confessions alone cannot be used to prove the body of the crime, but such confessions may be taken in connection with other evidence in the case, either positive or circumstantial, making out what is called the "corpus delicti." In impeaching the credit of a witness, the inquiry into his general reputation or character should be restricted to his general reputation for truth and veracity alone; this course reflects light on his credit, and it is for the Jury to determine from all the evidence on this inquiry and from the mouths of all the witnesses so introduced to impeach such witness considered in connection with the witness himself and his conduct on the stand, as to how much credit should be given to his testimony. It is, after all, a question for the Jury whose province is especially to determine the credibility of each witness, and the weight to attached to his testimony.
The defendant stands clothed with the presumption of innocence, which presumption continues in his favor throughout the entire trial. This presumption may be strengthened by affirmative proof of defendant's previous good character; testimony as to which is to be taken by the Jury and by them considered in connection with all the other evidence the case creates in the mind of a Juror a reasonable doubt of guilt. It would be the duty of the Jury to acquit.
The Jury will examine all the circumstances with a sincere effort to learn the true state of facts in the case and if it shall appear to you that the defendant destroyed the life of David Sellers, by violently and deliberately inflicting the wounds upon his person, as charged in the indictment, with the intent to kill him, his crime is murder in the first degree. If he intended to kill, although he formed the design coolly but a moment before he struck the fatal blow, the law esteems it a premeditated killing. If it shall have been proven to you that the defendant purposely inflicted said wounds, causing death with intent to kill him, but without deliberating upon the act, or meditating upon it before it was done, his crime is murder in the second degree. But if it shall appear to you that the death ensued while the defendant was under the transport of violent passion or undue excitement, or that the deed was done without any intention to kill, while the defendant was performing some unlawful act, his crime is manslaughter.
It is the peculiar province of the Jury to judge of the facts. It is the duty of the Court to advise as to the law and you are to receive the same strictly as indicated by this written verdict. When the facts are ascertained, the offense, and affixed the punishment. With the punishment you have nothing to do. You pronounce upon the simple question of guilt or innocence, as the facts are disclosed in the evidence. It then becomes our duty to proclaim the sentence which the law affixed is bound by the law, and we have no right to substitute our own opinions of what the law ought to be for what we think it is - the safety declaring what the law is. If the law is impolitic or the punishment too severe, the Legislature should alter it, not the Jury or the Court.
If you find the prisoner guilty, you will state in your verdict whether you find him guilty of murder in the first, or second degree, or of manslaughter.
If you find him guilty of murder in the first degree, you will add to the formal verdict provided by the clerk, "Guilty of murder in the first degree as charged in the indictment."
If you find him guilty of murder in the second degree, you will add the words, "Guilty of murder in the second degree only as charged in the indictment."
If you find him guilty of manslaughter, you will add the words, "Guilty of manslaughter only as charged in the indictment."
If you find the defendant not guilty you add the words "Not Guilty."
You will take the indictment, a blank form of verdict which is furnished by the Clerk, and this written charge.
You will retire to the jury-room for deliberation, appoint one of your number foreman, consider all the evidence in the light of the charge of the Court, reduce your verdict to writing with your findings as before defined, sign the same by your foreman and return the same to court.NORMAN M. WOLFE, JUDGE
"NOT GUILTY"
The jury retired at 8:42, and when the Court officials had been summoned, the jury returned to their seats in the box, announcing that a verdict had been found. The foreman, T. J. Harris, gave the blank to Clerk McCracken, and when he read the words "Not Guilty" a great shout went up, and cheering was prolonged for several minutes.
When order was restored, Prosecuting Attorney Barry arose and moved to nollie all other indictments against Wm. F., and Chloe I. Rhodebeck, which was done by the Court, Judge Wolfe then discharging the prisoners from further custody. Prolonged cheering and congratulations were then indulged in.
ARRESTED FOR PURJURY.
W. N. Benedict, the detective, who testified in the Rhodebeck case, was arrested Wednesday morning on the charge of perjury, the affidavit being made by Wm. F. Rhodebeck.
WHAT THE TRIAL COST.
The trail of William Rhodebeck has cost not to exceed $2,000, an estimate verified in part is as follows: Jurors rejected and accepted $378.85; witnesses, $900; Sheriff's fees, $225; Clerk's fees $125; stenographer, $70; total, $1,698.85, leaving about $300 for the employment of Court bailiffs, keeping of jurors, etc.