Thursday, January 24, 2008

Gilman/Enoch-The rest of their lives


Gilman became a free man after his trial ended in a not guilty verdict. The town that he was tried in, Kenton, Ohio, would become his home until his death in 1915 at the age of 71 plus 11 months and 24 days. With the exception of the old photo showing Gilman, surviving brother Paul, and the sisters, taken in Payne, Ohio(Paulding County) in about 1885....what I know about Gilman after his return to "normal" life, can be found in the blog entries dated 9/20/07 "Mary Ann's Siblings" and 10/18/07 "Gilman's Civil War Documents"(of course those were before the Murder In Waldo).


I have Gilman's and his second wife's death records as well...and have contacts with several descendants of Gilman's oldest son Aca Landon Houseworth....those being John Mabrey in Michigan and Karen Houseworth Brown, who lives in Mississippi.....I "met" Karen while researching Houseworth Genealogy, through her sister Cindy Houseworth Dyess, from Florida. Cindy sadly passed away in February 2004 at the age of 51, before I could pass on all the information I would gather...if you believe like I do, I'm sure Cindy and those other Houseworths passed on are having a good laugh at my work...."What's he working so hard for? They will all find out all they need to know in due time".

I do know that of the children of Gilman and Mary, William passed away before June of 1898 and John before 1915...although not sure the exact dates. Gilman is buried in the Grove Cemetery in Kenton....I visited this site a few years back after umpiring a high school baseball game in Kenton...and found his grave....I have a photo I took....somewhere!

By all accounts Gilman lived out his life without incident, that Sarah Elizabeth Shelton Houseworth was a perfect fit for this man who seemed troubled before he married her in 1882(who wouldn't be, left a widower, with 6 kids?)..... Sarah and Gilman had one daughter named Pearl Houseworth...I believe she died in infancy, as I have found no other items pertaining to her or her life......I will continue to look and research for more on Gilman and his times, both before and after the trial at Kenton in 1881.


If any of you who read this, have any other information on Gilman please let me know....I have much information on the younger decedents of Gilman and my other ancestors....and will be getting to us "younger" folks down the road in the next weeks, months, and hopefully years.


While Gilman slipped into a "normal" life, not so for his soon-to-be former brother-in-law...Enoch Young had lost his freedom and will soon lose his wife, but thanks to the work of his daughters, an Ohio Governor and future President of the United States, and many others....the story of Enoch's fight for freedom, had just begun....

That story coming up next........
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{photo} The old Hardin County Courthouse in Kenton....where Gilman was freed from after his trial....this building stood for 80 years and was replaced in 1914.




Saturday, January 19, 2008

Enoch Goes to Prison...for Life?


Enoch Young and his brother-in-law went their separate ways after the separate trials...by the time Gilman was acquitted in Kenton in 1881, Enoch was almost one year into his lifetime sentence at the house of horrors known as the Ohio Penitentiary in Columbus.

The State Prison opened in the state capitol in 1834, finally closing in 1983...it was described in it's history as primitive at best.....the peak population year was 1955 when well over 5,000 prisoners were housed their at one time.

I visited the location in 1983 shortly after it's closing....the checkered past included two major riots, the Halloween Riot on October 31, 1952, and another in 1968...there was one major fire that claimed 322 inmates in 1930.
The building and land was eventually purchased in 1993...and the Nationwide Arena, home of the Columbus Blue Jackets NHL Hockey team currently calls it home.
++++++++++++++++++++++++++
Enoch's daughters fight to free their father...that story next.
++++++++++++++++++++++++


(photo-the old prison}


Thursday, January 17, 2008

Gilman's Turn in Court







Over a year after the killing of Israel Bensley in February 1880 at Waldo, Gilman Houseworth would get his "day in court"...not in Marion, but east of there in Hardin County, the City of Kenton....my Great-Great Uncle had managed to get a change of venue from the county of the murder......we will see how that would work out for him.








First though a little about Gilman, I confess that along with Maish(his and my cousin) Gilman was/is my favorite Houseworth to research....much information can be found on both, and they both indeed appear to have been "Characters"....among characters in the Houseworth family tree.

Born in Delaware, Ohio, on April 17, 1843, Gilman was the 5th born of 14 children of Fred and Ursula Houseworth....my Great-Grandmother Mary Ann was born 4th in that family....remember both of my Great Grandparent Houseworths were named Houseworth...cousins they were...making Gilman the 1st cousin of Nelson Houseworth.

Here is what I know about Gilman's early years:

Joined along with brother Henry and cousin Maish, the 26th Ohio Volunteer Infantry(Maish was booted out shortly thereafter for being underage, and would join the 174th later when he became of age), on June 15, 1861. As far as the military and pension records I have from the government, Gilman served with honor, was wounded on September 19, 1863, at the battle of Chickamagua, Georgia....near Lookout Mountain. the younger Houseworth, Henry, was killed in the same battle. Gilman spent 4 months on sick furlough after the battle, he rejoined the unit and was discharged honorably on July 25, 1864.

As many back in the day, Gilman was listed at various times in the census records as a farmer, laborer, and even as a "horse trader". Just over a year after discharge from the Union Army, Gilman would marry Mary Minerva Ward of Hardin County, in September 1865.....they would have a total of 7 children together between June 1866 and December 1976....Mary Minerva Houseworth would not recover from "Child Bed Fever" and die on January 22, 1877....this left Gilman(and his relatives) to raise 6 or 7 kids(William born on 12/24/1869 had died prior to 1898 but not sure of exact date)....without a mother.

Gilman would remarry, but not until his trial was completed. Even by those day's standards, Gilman was not a large man...listed on his discharge/pension papers as being 5' 4".

Gilman had been in scrapes with the law after his discharge and before the incident at Waldon on February 25, 1880....he was 36 years old when Israel Bensley was killed, he would be 37 years and 1 day old when his trial began in Kenton, Ohio, on April 18, 1881.

The Kenton Democrat
April 21, 1881__________


The paper reported that on Monday past(April 18th) the trial opened with The Honorable T.J. Porter as Judge.....sixty witnesses were packed into the courtroom. The list of State Prosecutors, Defense Attorneys, and the list of the jury, from towns such as Roundhead, Marion, Pleasant, and Jackson was presented.

The Democrat summed up the case this way................"We have not room for the evidence, neither had we had time to get it(honesty in the press?, now there's a concept rags like the New York Times, Washington Post, and morons like Keith Olberman could use), but that our readers have an idea of the charge, we make the following statement and facts we have gathered........................"


"On the 25th day of February, 1880, Enoch H. Young and Gilman Houseworth seem to have been on a big old drunk, in the town of Waldo, Marion County, where both resided. They are both well built men, and when under the influence of liquor inclined to be quarrelsome, and during that day proposed to have it understood that they were the best men, physically, in town. They were together, and had several skirmishes during the day, but in the evening, in the fatal fight, it seems they were not in direct company, though Houseworth was nearby. Young, while alone came across "Bully" Coleman, another "best man" of Waldo, with whom Young evidently intended to try strength and settle which of the two was "best man" then and there, as he pulled his coat, and after some parleying, at it they went. Young got the worst of this, for Coleman and his comrades gave him the best they had in the shop. He(Young) got out of the crowd finally, and swearing vengeance hurried to his home, (but a short distance, from where the fight had taken place) and arming himself with a short dirk knife returned to the scene of the row. As he turned the corner of the street, from west to north, he met Israel Bensley, who was in the fight they had just had, and said to him, "I'm the best man", or something to that import, Bensley replied "By God you are not the best man", when Young attacked him and stabbed him in the head three times and in the breast once. About a quarter of an inch of the point of the dirk was broken off in his skull, the other wounds in the head were scalp wounds merely, but the stab in the breast is what did the business. The knife penetrated between the second and third ribs and slit the sub-calivan artery about two inches, producing almost instant death. Young was at once arrested and Houseworth shortly after for aiding and abetting, and being accessory to the crime. Young was tried last year and found guilty of murder in the second degree, and sentenced to the Penitentiary for life. Houseworth was tried also, but the jury failed to agree, and on application he got a change of venue to this county(Hardin)".

{I have not been able to come across Gilman's Marion Court trial.....but have no reason to believe that he did have a trial and it ended in a hung jury.}

The Paper concluded, "The case will not be disposed of until to-morrow. What the verdict may be is beyond human ken."

The Kenton paper appeared to be a weekly....and by the next issue the trial and verdict had been disposed of.


The Kenton Democrat
April 28, 1881_________

The Houseworth Trial

Last Thursday evening the jury in the Houseworth Case retired, and not until about four o'clock Friday morning did they agree upon a verdict. At that hour the Court, lawyers, and prisoner were got up(remember writing it the way it was printed), and the verdict read. The prisoner was found "not guilty," and was discharged. He has been in jail for over fourteen months. He says he will drink no more. He ought to stick to it.

The defense was ably conducted by Messrs. Van Fleet, Payne, and Dougherty. The argument of Mr. Van Fleet was logical, well tempered, and very able, and did the gentleman credit............."

The paper went on the brag up the defense lawyers, especially Dougherty, calling him one of "The shining lights of the bar in Northwestern Ohio" The Democrat finished by telling all the cost of the trial was $994.91 and would come out of Marion County.

That is what I know of Gilman's trial.....not much else have I found written, but "not guilty" he was......however, that is not the end of the story....Enoch Young has family and friends fighting for his release, and Gilman is a free man, and ready to marry again......


Those stories continue next___________
{photos-Chickamauga Battlefield...this site I visited back in February 2004...the location photo is the ditch located in Viniard Field where the 26th OVI made is stand on September 19, 1863. (2) The ultimate book on the historic Battle of Chickamauga, "This Terrible Sound" written by Peter Cozzens...a must for Civil War history buffs.(3) The living children of Fred and Ursula Houseworth, photo taken in Payne(Paulding County), Ohio, around 1885...Gilman is the male on the top row, my Great-Grandmother Mary Ann Houseworth is bottom row, far left.}









Tuesday, January 15, 2008

The Jury Reaches It's Verdict




Judge Beer charged the jury at 5:05PM on Tuesday June 22, 1880.....unlike these days, there was no recess until the next day...these folks got down to business and commenced the ballots about 15 minutes after retiring from the court room. Seems according to report, there would be no doubt as to the outcome of murder...the question would be....First Or Second Degree...Enoch Young's life was indeed at stake.






According to the Marion Star the first ballot showed the jury coming up with 8 for second degree murder, 4 for murder in the first degree. Several ballots took place between the time of retirement until about 3AM Wednesday when the ballots were showed 7 for 1st degree and 5 for second...seems things were not going Enoch's way. That would change around 4:30AM, for reasons unknown, the jury agreed to spare Enoch Young's life....MURDER IN THE SECOND DEGREE....

Back to the Courtroom_______

At 5 in the morning, the deputy sheriff notified Judge Beer and both sides attorneys that a decision had been made, and the jury was ready to report. Justice is seems was swift in those days, 12 hours, several ballots, and a decision was rendered.

The judge announced the decision, and addressed Young, who by this time was standing, if he had anything to say...the paper wrote "the prisoner, who arose to his feet", and the prisoner, "in a sleepy, stupid manner"(who wouldn't be at 5 O'Clock in the morning?) said, "don't reckon I have"(at the same time taking a long yawn)...the paper in it's usual unbiased reporting(sic) that is didn't appear that Young cared about it(the verdict) one way or the other. Judge Beer then addressed the prisoner, telling him that the jury had found him guilty of murder in the second degree, and according to the Laws of the State of Ohio, it was mandatory that he be sentenced to life, at hard labor(what a concept!)...Enoch Young took the verdict without emotion and "apparent satisfaction", and took his seat beside his attorneys.

The judge addressed the jury and complimented them on their work, especially considering all that had happened(?). Young was taken back to jail to await the paperwork completion(a day or two), and his trip to the State Prison in Columbus.

The "Star" commented that the opinion of the community was that the verdict should have been first degree murder, but seemed satisfied that the men of the jury had done their job.

The story of Enoch Young was far from complete....and was to involve the work of this two daughters and a future President....(and Ohio Governor at the time) William McKinley.

Before we go there however, it would be Gilman Houseworth's turn....my Great-Great Uncle....that story continues next......

Monday, January 14, 2008

The Trial enters Day #5


Enoch Young and Gilman Houseworth were to be tried separate...While Young's was taking place in Marion, Gilman's attorneys were working to have his trial moved out of the county on a change of venue....it would be, and Gilman's court case would not come up until April 1881 in Kenton, Hardin County, a full 14 moths after the murder of Israel Bensley.....Bensley's death came on February 25, 1880, just 2 days after Enoch Young's 27th birthday.


Day 5 of the Enoch Young Trial________


Day five of the trial saw 6 gentlemen come forward, their stories, if they had one varied very little from the one's that proceeded them....with the exception that Israel Bensley had went into the local hardward store and took out a 2 pound weight that belonged to the store's counter scale....his son William brought the weight back some 5 minutes later, according to testimony.


The Marion Star spent the rest of their Day 5 coverage making fun of a new newspaper in town called "The Mirror"....seems according to the Star, the Mirror just didn't measure up in their coverage of the Young trial....they also mentioned the dress of the prisoner Young, describing him as entering the courtroom at 8:30AM dressed in a suit of black, a standing collar, and a rather "innocent" intelligent appearance. Describing him as having a quiet manner, and has little to say, but has a good appetite, considering the court room is filled with anxious spectators.


On day 6 several witnesses were brought back on cross examination, including John Justice and Albert Smith...Justice again described the beating Young took at the hands of Jim Coleman, and that Young threatened the Houseworth Boy(one of Gilman's sons) who was crying and trying to get his father home and away from the scuffle...." I am the best man in Waldo, say what you please, do what you God Damn please, and I'll rip their damned guys out, and I'll stay with you as long as I can".


Andrew M'Cluggage testified that he saw a hatchet in Coleman's hand but did not see him use it, but he did hear someone yell "Kill him, God Damn it, kill him"...he saw Young drew a pocket knife and said "If you come on me again I will cut some of you"....he testified he was Young's brother-in-law(I am assuming from one of Enoch's sister, since he was not a Houseworth), and had come from Pennsylvania about a year before.....


Next to testify was S. B. Houseworth...this would be Maish Houseworth(see previous posts about Maish from October 2007), Maish testified he was a "cousin, by marriage" of Youngs....He also testified that he saw Israel Bensley take a weight off the counter, and the merchant told him "you better leave that weight on the counter", he also testified he saw someone take out a new hatchet, saw Young get up after being knocked down, and saw him return.....on cross examination Maish was asked if he was drunk....he said "No sir, only too two drinks, and that was in the forenoon".


The Houseworth Boy(again no first name but the paper sighted him as "The Little Boy", probably leaving out Aca who would have been 14 by this time), young Houseworth recalled that Uncle Enoch was down, but did not know how many men were holding him.....next up was Maria Houseworth Young, Enoch's wife and sister of Gilman....the prosecution objected to having her testify and that was objected to by the state....and sustained.


Saturday's testimony continued with seveal doctors testifying to the condition of Young and any damage that the blows he received may have caused. Several other witness testified about how much liquor Young had or had not consumed during the day....Enoch also testified that on February 25th "I was talking to Eccles about trading horses-a little fuss before this-I took no part in it, only to take Houseworth away-I don't recollect anything more after I was struck, do not know who struck me, it was in front of the Jew(hardware) store: recollect nothing more until the were washing me, I had no intentions of injuring anyone".


Court resumed on Monday June 211, 1880_________


Judge Beer was still on the bench as the 7th day of the trial began. He stated if needed they would have testimony at night, so as to get the trial through on time....on Tuesday(day 8) court convened at 8AM...the coroners once again describe the use of hand tools on the skull of murder victim Israel Bensley....tools used to dissect the skull and look at damage included "hand saw", and "mallet and chisel".


The Marion "Star" went on to describe the 4 hour opening for the defense by Captain Scoofield, and how hot that June day was...........especially with the trial at a critical point. They wrote that Young's wife(Maria) and young baby(this would be Perry Young, who was born with his dad in jail, less than a month after the murder, more on Perry later in this story)...stayed at her husband's side until after Scoofield's presentation.....by 2:35 in the afternoon it was the state's turn to address the court, it's presentation lasted about 2 hours at which time the case went to the jury.


Next up! THE VERDICT!
{photo} Entrance to Waldo, Ohio, Town Cemetery...where many a Houseworth, Bensley, and Young, are buried.

Friday, January 11, 2008

The Young Trial Continues/June 1880




Judge Beer was back on the bench on Wednesday, June, 16, 1880.





A Judge Blackburn, one of Enoch's counsel was delayed by a storm near Cincinnati, and the defense requested a delay, Judge Beer agreed with the prosecution, proceed without Blackburn, Judge Beer exclaimed "We will move along slowly with the case until Blackburn's arrival. he was aware the case was pending, and should have been here".

The defense led by Colonel Scofield started the proceeding claiming that Young was proper in defending himself from a mob on the day of the killing, and was not guilty of the claim of murder in the first degree.

The witnesses are called_________

Dr. J.M. Christian was the first called, and testified in regards to the wounds in Bensley's breast and scalp. He had determined the body wound has caused almost instant death, and that with the blow to the head, the knife had broken off 1 1/2 inches into the dead man's skull, that stab wound could have also caused death.

The examination of Christian took until 3PM when court was continued.....Christian explained in detail how the examining doctors used a hand saw to do their work on Bensley's corpse.....including putting the victim's skull on display for the court.

John Plank is called next_________

He testified that he was in town on February 25th and between 5 and 6Pm and that Young and Houseworth were telling all that would listen that they were the best men in Waldo and defied officers to arrest them...after some confusing statements Plank said Young handed his coat to Smith and asked the boy to hold it, when Smith refused, Young slapped him....Jim "Bully" Coleman(guess he went from "Big Jim" to "Bully" in 3 months) said it was a shame to hit the boy, so Young went after Coleman with a knife, at that time someone handed Coleman a hatchet, Coleman replied that if Young pulled the knife on him, Jim Coleman would spit his brain out ....several folks had gathered and Young replied that "I will fix them" and apparently headed for home...3 minutes later Enoch Young returned....someone yelled "Young is coming" at that time Plank stated that Isreal Bensley was at the window sill when Young came up and stuck Bensley in the breast near the collar bone, Bensley grabbed the knife and followed Young to the street, the crowd began to arrest Young, Bensley returned from the street and fell and died....at this time the Court adjourned at 5PM.....to resume at 8AM Thursday.

Thursday June 18. 1880_________

Plank was cross examined the defense the next morning...stating that both Enoch Young and Gilman Houseworth had claimed they were the best men(the strongest, toughest, etc), then both defied anybody to arrest them, and that no one except Jim Coleman had struck Young...and he saw no one strike the accused with any hatchet, club, or iron weight...and saw no other weapon used except by Enoch Young....he said it was not a half second after he passed me that Young struck Bensley.

Philip Miller_______

Was the next to testify...saying he saw Enoch Young run past him to the corner west, saying he had heard Young's voice just before telling the Houseworth boy(one of Gilman's sons?) to go home or he would kick him.

{Gilman had sons aged in February, the following:
Aca Landon Houseworth 14, William 10, Lawernce 7, Fred 3 and John 3, so my best guess is was one of the two oldest that Miller was talking about Aca or William.}

Young came back a few minutes later and struck Bensley as described in the previous testimony...describing one stab to the breast and 2 or 3 to the head. He describe Young as yelling at Bensley "Here is my man"

John Bishop_________and John Justice.

Next up Bishop, followed by John Justice(great name ey?) Bishop's testimony was much the same as the first couple, Justice was a little more in dept....."I first heard him tell the(Houseworth) boy to go home.." then Justice says he heard Young say "I will fix that son of a bitch"....Young returned with a knife and Justice testified he saw Enoch grab Bensley by the shoulder and strike him about 3 times in the breast or head, and the final "lick" went directly to the head. He continued that Bensley had Young by the head, but that Israel Bensley had no weapon or anything else in his hands.

Henry Anderson testified much the same, saying there were 10 to 15 persons in the area and he could not see if others struck or were struck....

James "Bully" Coleman was next.....

Coleman testified ".......I met Houseworth he was in Penny's Saloon, Eckles, Houseworth and Young were there, Eckles and Houseworth had a little fuss, the men took them apart, Young said "I will take care of Houseworth" when Eckles was going out the door, Young pushed Houseworth onto Eckles...going across the street they(Young and Houseworth) caught Eckles and pounded him some, Young pulled his coat and handed it to the Smith boy and told him to hold it, the boy said he did not have to hold it, then Young struck the boy, I said it was a shame to strike a boy-Young struck me-we had a little fight-when I let him up he had a jack knife out and someone handed me a hatchet and I said "Young, if you pull a knife on me, I will split you head" Young then went away and went across the street-it was about a minute after the fight that Young went away.
On cross examination Coleman testified ....."I struck Young as he struck at me, knocked him up against the hitching post-Young went over the post, I did not strike him after that, I lifted him up. I handed the hatchet to Dan Schroat, Young then left, the moon was shining, I never had any difficulty with Young before-I am 23 years old".
Doctor Gatschall of Warsaw, IN______
Testified he was in Waldo on the 25th teaching a class(but guess he stopped by the saloon after class)....Gatschall said he saw Young and Gilman Houseworth in Penny's Saloon walking arm in arm saying they were the best man in town.....he testified much the same about the fight as the previous witnesses.

John Schroats testified he had whipped Houseworth with a cane the night of the murder, but never struck Young. Other witnesses James Fry, Samuel Wilson testified same as the others....Next up was John Smith, the 17 year old boy who was slapped by Young, after refusing to hold his coat.

John Smith______
Said he was 17 and a blacksmith by trade, stated he had made a knife for Young sometime previous to the fight, he testified that Young had struck him with open hand when he refused to hold the coat. Testified that Coleman had gotten on top of Young, let him up, and the two started at it again....at that time Coleman bent Young over the hitching post, when Young drew out the knife, Coleman drew that hatchet and Young left, saying "I'll get that son of a bitch" and left before coming back with a knife.

Sam Schroter, Leonard Porterfield, and then Lizzie French and her daughter Jennie were next to testify, followed by a dozen or so men who testified more or less the same stories as the previous witnesses....basically it was Enoch Young and Gilman Houseworth were drunk and Enoch was whipped by Jim Coleman, Enoch returned after the beating and stabbed Israel Bensley dead.

NEXT....THE TRIAL MOVES AHEAD
{photos}-Gravestone of Israel Bensley and his wife, located in the Waldo Cemetery/A photo from my Grandmother's collection labeled "Houseworth Boys" Waldo, O." Which boys it doesn't say....the time frame looks, by the backing, to be from sometime between 1885-1905, the clothes?, the late part of that timeline....who were they? I will likely never know...Gilman's sons? John's? 3 of Nelson and Mary Ann's? Cousins?.....only the ghosts of Waldo hold that answer.






















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.

Wednesday, January 9, 2008

Gilman goes to Jail




XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXI I should start off today's post with the knowledge that as of 9 years ago, I knew absolutely nothing about my Houseworth side of the family....I knew my grandfather was named Sam, and that's about it....Sam died in 1928, 21 years before I was born in 1949...my grandmother was a Waldron by birth, and that's the side of dad's family I had knowledge of.


I developed an interest in antique and real photo postcards about 10 years ago, those included steroviews...one of the most famous of those involved in steroscope photography was a man named Thomas Houseworth out of San Francisco....a gentleman from Atlanta named Marvin Housworth(correct spelling) is a collector and encouraged me to see if I was somehow related, that is how my genealogy interest began...January 1999 was the time....for the next few years I devoted countless hours to my Houseworth family....I probably gained about 90% of my material(used on this blog and elsewhere) in the first 3 years of research.

Gilman Houseworth, along with first cousin, and fellow Waldo Civil War Veteran Maish Houseworth, are probably the 2 most "interesting" fellows from the Houseworth line, other than the man who started the Houseworth movement west Israel Houseworth.

Gilman's family, including wives and children are post previously on this blog, and can be found in the earlier portions...as can his service and military and other records, so I won't go back and rehash those items.
After is service in the Civil War, Gilman Houseworth returned to Waldo had 7 children with his first wife Mary Minerva Ward Houseworth, who died in shortly after child birth with the couples final child named John Houseworth(one of many Johns in the family). Mary died in Janurary 1877 about 3 years before the murder in Waldo. He remarried a couple of years after the incident to Sarah "Lizzie" Shelton, and they were together until his death in 1915, they had one child....Lizzie passed away in Kenton in 1927....she never remarried.

Gilman and his brother Henry were with Company C of the Ohio 26th OVI, Henry was killed in action at Chickamagua, Georgia, on September 19, 1863...Gilman received a head wound as well as a bullet to the right hip, and spent 4 months in the hospital. His war pension records call his occupation "Horse Trader"....he received a pension until his death, and Lizzie continued to receive $30 per month until she passed away.

More information on the 26th OVI and the Houseworth Boys in it can be found at this fine website:


Both Gilman and Enoch were in jail by midnight on the evening of the murder...Enoch was charged with Murder Gilman charged as an accessory.

From the Marion Star February 27, 1880.(this is the way it was written, so it may contain grammer errors or missing words, but that is the way it was printed)

"The investigation revealed the fact that at the time Young went after the butcher knife, Houseworth went after a pair of shears, for the purpose of assisting Young, it appears"

A Warning to the Sheriff(Printed in the paper)

"Sheriff--"Guard the Jail if you want to keep the prisoner, Young. The people here talk of lynching him." --"A Citizen of said Village"

February 28, 1880-

Within 2 days of the killing, a Special Grand Jury had already been seated....within just over 2 hours they had bills against Enoch and Gilman, charging both with FIRST DEGREE MURDER..both prisoners would be arranged the following Monday March 1, 1880(this being a leap year).

Both Young and Gilman were read the indictments that evening(the 27th) Gilman was still claiming to have been at home at the time of the murder....26 witnesses at the Coroner's Investigation said otherwise

The Marion Star March 1, 1880

The newspaper interviews Gilman on Sunday February 29th....and says the following concerning that interview.

"We visited the jail yesterday and in conversation with Houseworth, Young's accomplice in the Bensley murder, we asked him whether he expected to be tried during the present term of court, or would he prefer to have the trial postponed until the June term? The prisoner said "We don't want to be tried during this excitement of course; we will wasit until June, or some time after the people gets over the excitement; that we may have a fair and impartial trial:"

We did not say so to the prisoner, but we thought as we looked at the unfortunate fellows, how anxious they appeared that "quarters" be showed tem, as well as time enough to allow the feelings against them to subside. They did'nt show their victims any 'quarters' or mercy nor did they give poor Bensley(upon whom a wife and five children were dependent) a moment's warning, but without cause or provocations, murdered him in cold blood. And now expect mercy and leniency in the courts. It is hoped that justics will done them, and if it is, the people of Waldo and vicinity will feel that their opinions in this matter have been properly respected, and that they need not longer live in dread of these desperadoes and murderers"

So much for the unbiased press....
{photos} Ohio 26th OVI patch and Ohio 26th OVI Band Member




Next....the Horse Trader and his property...."No property at all, except two old plug horses, that are not worth much"












Tuesday, January 8, 2008

Enoch Young and Gilman Houseworth


My great-great Uncle Gilman Houseworth was born on April 17, 1843, in Delaware, Ohio, he passed away in Kenton, Ohio, on April 11, 1915, just short of his 72nd birthday....if the story that surrounds Gilman and his brother-in-law Enoch Young are true, Gilman probably could have counted himself lucky to have made it that far.


As the story and newspaper articles go, on February 25, 1880, Gilman and Enoch were drinking heavily in the town of Waldo on that night....causing trouble and picking fights with others around town and in the local watering holes. After getting whipped by a man named "Big Jim" Coleman, Enoch went home, fetched a large knife and accompanied by Gilman came back looking for Coleman....when he didn't find him, he picked out an innocent man, 49 year old Israel Bensley, and stabbed him to death.....or at least that is how the story went in the 'Marion Daily Star', dated February 26, 1880. If you have read many news articles from that era, you can realize that the paper already had Enoch tried and convicted the next morning...all that needed to be done was have the Neck Tie Party.....Gilman was treated better in the later news articles, however after reading the court and prison records leading up to Enoch's release years later, Gilman may have played a prominent part in the murder....true or not, this story is a very interesting tale.


{ Wednesday, February 25, 1880}

7PM: Gilman Houseworth and Enoch Young are reportedly drunk and disorderly in the town of Waldo. According to some accounts the two were bragging that they could whip any men in the town. Around this time it is said they attacked and beat a man, described as a peddler or pelt buyer, when Jim Coleman stepped in to help the man out, Young went after Coleman and received a severe beating{as the 'Star' reported, Young still carried the scars of the beating when they interviewed him in jail}. Enoch went home and came back with knife in hand, and Gilman in tow, to hunt for Coleman, when he didn't find "Big Jim", he stabbed an innocent bystander, Israel Bensley.{later prison and court records would dispute whether Bensley was sober or innocent}

The murder occurred at aobut 7PM, young was arrested and jailed by Midnight. When the newspaper interviewed Young the next morning, he said he was drunk, had nothing against Bensley, and didn't know how it happened.

The victim and Young are described this way............"The murderer is a tall, well built man, sandy complexion, with hair, side whiskers, and mustache of the same color". "Bensley, the murdered man was about 45(actually 49), a farmer, or worked on a farm, was an industrious, hard working, sober man, he was a poor man, and highly respected by all who knew him".(from the Marion Daily Star, February 26, 1880).


NEXT:
Gilman is charged.

Friday, January 4, 2008

1880 A Murder In Waldo

Some of you have heard this story before....I've been putting together all the material that I need(hopefully) to tell all sides in this story.....drawings, a few photos, and highlights of the Murder in Waldo will be coming up on this blog.....I will start placing as much of this story as I can beginning Monday January 7th.

Stay Tuned!