Thursday, January 10, 2008

The Court Procedings Begin


*************************************************************************************March 2, 1880________




The headlines in the Marion Star blared out


The Murderers Out of Jail!


So much for the unbiased press...these folks had Enoch Young and Gilman Houseworth tried and convicted.....trial set for March 22nd.

The Star said that Great Crowds gathered around and in the court house about 11 am to see the two prisoners, Young and Houseworth, arraigned before the court.....the crowd was described as excited but the prisoners as conducting themselves coolly...first degree murder was the charge.

Court to Young...."have you counsel?"

Enoch Young "I have"

Are you guilty or not guilty?

"Not Guilty"

Gilman was next to receive the same questions...Gilman Houseworth said he had no counsel,

"Have you Property?"

Gilman answered "No property at all, except two old plug horses, that are not worth much"

"Have you no friends to aid you?"
"No Sir"

The court then appointed M.V. Payne and H.T. Van Fleet as attorneys for Houseworth...and set trial for March 22nd.

Young's attorney stated that his client could not be ready by that time...but the court challenged that notion, saying "unless you can show proof of same, procedings will begin that day.


Ohio vs Michigan.....
Not in football, but in murder, the "Star" stated that Michigan had less that 30 murders per year...stating " Michigan with all it's enterprise does not turn out 30 murders per year, but Ohio furnishes as many again disciples of Cain "

Meanwhile Young and Houseworth will be tried separately, Young's to begin on March 22nd, Gilman's on March 25th. Sheriff Harrison, according to the newspaper had spent days "riding through the mud" to supoena jurors....He already had notified 36 for each the Young and Houseworth cases.....my guess is that the early spring thaw had began, because the paper stated that the Sheriff would need a giraffe to ride on, so he could keep his head and shoulders above the mud.
Within a couple of days the court dates had been pushed back as the attorney's and their clients wanted...Enoch Young was to go to trial June 14th and Gilman's was also pushed back exactly three months to June 22nd.






June 14th the Courthouse
Marion, Ohio_______

Court opened for Enoch Young at 2pm.....the Judges name was McCauley.........the defense asked for a continuance as they claimed the main witness, a man named Gatschall was absent and living in Warsaw, Indiana, the court overruled that, because the said witness was indeed in Marion. After reading the names of the witnesses, Enoch Young was brought in...the paper described him as being "somewhat bleached, having been cooped up for nearly 4 months. He appeared rather cool and unconcerned", and was well dressed and neat and clean, so said the Daily Star.


It appears things were ran a little differently back in those days(You Think?)...Judge McCauley was going to be out of town the next day, but the trial would continue with Judge Beer on the bench in his place.


The jury was in place by 3:35 the next day with all jurors saying the could indeed pass the death penalty if needing to do so.....things were not looking good for Enoch Young. Several jurors indeed had been rejected, some for being against capital punishment, and one named Dan Tedrow for having the potential for making a "bungling juror".

NEXT: TESTIMONY BEGINS IN FULL.


{photos} Two turn of the century images of Waldo, the High School in 1916, and the old livery stable, taken from the Bicentennial of Waldo July 23,m 24, 1976.

1 comment:

FHB said...

Judge Beer? really? Too funny. And rejecting someone for being a potential bungler? This is good. Continue.