The Kiser Trial Continues

     The trial date was set for November 14. It would take some more time for Kiser to feel well enough for a lengthy trial, and it was going to take quite an effort to fill the jury box. Kiser was  well-known in Fremont, and his case was the talk of the town. The court would be hard-pressed to find twelve men who either didn’t know Kiser, had previous knowledge of the case, or had already formed an opinion. A potential juror also had to be willing to send Kiser to his death if convicted. Thirty-six names were drawn for jury selection in mid-October. These men would report to the court for jury selection on the November 14 trial date. With the trial date approaching, it became evident that Kiser would not be healthy enough to withstand the rigors of a trial, so both parties agreed to postpone the trial date until November 27.

     Just as predicted one name after another was excused for one reason or another. Of the original thirty-six names drawn, only two were agreed upon by the prosecution and the defense. All told, in a little over three weeks time, 333 men were interviewed before the twelfth juror was finally selected on December 23, 1916. The men chosen to determine the fate of Josh Kiser were B.S. Havens, V.D. Huber, E.T. Clark, Louis Gable, C.L. Sherwood, Rollin Hawk, W.J. Garn, V.F. Tobias, C.P. Myers, M. Putnam, D. Humberger, and J.P. Colvin.

     The court took a break for Christmas and scheduled the first day of testimony for December 27, 1916 in the case of the State of Ohio vs. Joshua R. Kiser, who stands accused of murder in the death of his wife on November 17, 1915.

     On the first day of the trial the courtroom was standing room only. Area residents had been gossiping about this day since before Kiser was indicted. The rumors started flying a few days after Mrs. Kiser was interred. There was a great deal of interest in this case. Some folks arrived at the courtroom more than an hour early to ensure a view of the proceedings.

     The opening statements from both the prosecution and the defense were brief. The prosecution stated that they would prove that Josh Kiser was guilty of murder in the first degree. They further stated they would prove that Josh Kiser and his wife had a troubled marriage due to Josh Kiser’s relationship with another woman. Prosecutor Mead said, the State would also prove that this relationship was the impetus for Josh Kiser purchasing poison and administering the fatal potion disguised in an oyster stew, resulting in the untimely death of Martha Hetrick Kiser.

The Kiser Trial Continues

Here is part four of The Kiser Trial - enjoy!

     Josh Kiser was indicted on a charge of first degree murder in the death of his wife, Martha Kiser. Kiser was home, sick in bed, when Sheriff Dan Shanahan Jr. came into his room and said, “Josh, I’ve got a real painful duty to perform.” With that Shanahan informed Kiser that he was being indicted for first degree murder in the death of his wife. Kiser, weak and suffering from inflammatory rheumatism, looked up and said only, “My God, what is the world coming to?” In fact, Kiser was so sick, his doctor claimed that moving him to a jail cell could possibly prove fatal. Kiser was arrested and held under guard in his home on Buchanan Street until he could be moved without harm to his health.

     Because the gossip was so prevalent all over town, Kiser had retained Attorney J.B. Stahl just in case things got out of hand.  Stahl stopped in to see Kiser within a half hour of the indictment being served. When asked by the Fremont News about the case, Attorney Stahl is quoted in a May 4, 1916 article, “It is of course too early to tell what defense will be made.” “I can say this, however, my client Kiser is an innocent man and we will prove him innocent. Anyone who knows Josh Kiser surely knows that he would not be guilty of such a crime as he is charged with.”

     To say things were going badly in the life of Josh Kiser, just might be an award-winning understatement. In a matter of six months he went from having a nice meal with his family one week to his wife passing away the next. Then, he has to put up with rumors saying he actually killed his wife, and those rumors lead to his arrest for the murder of his wife. Meanwhile, he’s got a woman who won’t leave him alone, and is making things look all the worse for his defense.

     After twenty days under guard at his home, Kiser was finally well enough to be taken to the county jail. A nurse was in constant attendance for the first few days. Kiser was dealing with a very bad case of inflammatory rheumatism. The disease carries with it painful inflammation of the joints and muscles. In severe cases the disease can affect the heart and death could result. Kiser had a severe case, and it would not be until late September that he felt well enough to make it to the court house where he pled not guilty to the charges leveled against him.

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Part Three of "The Kiser Murder Trial"

The rumors, however, did not stop. Kiser wanted the rumors stopped so badly that he hired a private detective from Cleveland to try to find the source of the mounting gossip. When the private detective reported that all signs seem to point to Kiser’s sister-in-law, Anna Immel, as the main source of the gossip, Kiser was probably not too surprised. Kiser sat down and wrote a long letter to his sister-in-law, but he did not send it. He met with his brother-in-law, Phil Hetrick, on the street soon after he learned of Anna Immel’s involvement in spreading the rumors. Kiser told Hetrick that the rumors have got to stop. He informed him he had hired a detective, and he knew the gossip was coming from Anna. “Phil, this gossip must stop, if it doesn’t I’m afraid we’ll have a fight,” said Kiser. Phil suggested that if Kiser wanted the rumors stopped he could stop them himself by exhuming Martha’s body to examine the body for evidence of poison. Kiser replied that he did not want to do that because he had promised his wife that if she died there would be no autopsy. However, Kiser said that if his daughter, Edna, would agree to an autopsy, he would agree. Anything to stop the rumors.    

     Kiser asked his daughter what she thought about the possibility of an autopsy. She reminded her father that they had made a promise to her mother, and she was bound to keep that promise. Kiser reported back to Hetrick and informed him that they would not give permission for an autopsy. Of course the rumors continued, getting worse all the time.

     The gossip was so intense that the Prosecutor, W.J. Mead, decided he had to exhume the body of Martha Kiser and try to put this thing to rest. He had the body exhumed in early March of 1916, which must have been horrifying to Josh and Edna Kiser. At the time of the exhumation, however, Josh and Edna were unaware of the proceedings. They did not learn of the autopsy until after the fact.

     Prosecutor Mead hired a chemist and bacteriologist, Dr. R.C. Longfellow, to examine various organs to see if there were any traces of poison in the body of Martha Kiser. Dr. Longfellow presented his findings to the grand jury, and Prosecutor Mead interviewed 31 witnesses in front of the grand jury to testify for the case he was building against Josh Kiser. After more than a month of investigation the grand jury had made a decision, and the May 3, 1916 Fremont News had this headline: JOSH R. KISER INDICTED FOR FIRST DEGREE MURDER.

The beginning of the nightmare for Josh Kiser

 The first installment of "The Kiser Trial" set the stage for the eventful trial soon to follow. Here is the second installment in the series. Enjoy!

The beginning of the nightmare

    

     Josh Kiser’s nightmare began with the purchase of a single can of oysters from a local grocer. Kiser came home from work and declared: “I’m as hungry as a bear; how does oyster stew sound?” Martha Kiser told her husband that if he wanted oyster stew, she would make it, but he’d have to go get the oysters from the store. Josh Kiser went to the store and purchased a can of oysters. Mrs. Kiser made a nice big pot of oyster stew. The family sat down to their meal, enjoyed the stew, and probably conversed about the upcoming holiday season. That evening all three people who ate the stew, Martha, Josh, and Edna Kiser all became ill. Josh’s appetite had subsided by suppertime, and as a result he didn’t eat as much of the stew as his daughter, Edna, and his wife, Martha. He was ill only for a short time, and he was able to function and care for his daughter and wife. The Kiser’s daughter, Edna, was sick and practically bedridden for a couple of days. Mrs. Kiser remained very ill for almost six days when she finally succumbed to the sickness and passed away at 3:50 a.m. on Wednesday, November 17, 1915. Martha Kiser was laid to rest in Oakwood Cemetery on November 19, 1915. Soon after, rumors of the cause of her death began to circulate around Fremont.

     It didn’t take long for the rumors to make it to the ears of Josh Kiser. Many folks in Fremont were discussing the circumstances surrounding the death of Mrs. Kiser. Did Josh Kiser have a girlfriend? Did he poison his wife?

     Meanwhile, Josh Kiser was getting nervous. He had an admirer that just would not leave him alone. Kiser thought to himself, “if that darned Mrs. Boston doesn’t stop pestering me and sending me letters, this gossip could get worse and who knows what could happen.” Kiser was at work one day and the subject of the rumors came up. Kiser said, “I don’t know what to do about this Mrs. Boston, she just won’t stop pestering me.” One on his friends said, “Josh, you need to go to her house and demand that she stop sending the letters, and to leave you alone.” Kiser took his friend’s advice and after work went to have a talk with Mrs. Boston.

     Meanwhile, at the very time Kiser was at Mrs. Boston’s home, his brother-in-law, Philip Hetrick, along with two of his brothers knocked on the front door. “Who’s out there, inquired Mrs. Boston.” Kiser evidently saw the men coming; not knowing why they were there, he was afraid of how his presence might look, so he headed out the back door. Kiser’s brother-in-law answered Mrs. Boston, “I’m Phil Hetrick and I’d like to see Josh Kiser.” “He’s not here,” came the reply from Mrs. Boston. “Try looking in the front room,” replied Hetrick. With that Mrs. Boston flung open the door and said, “you are a perfect stranger, and I won’t let you in my house. I told you Mr. Kiser is not here; he’s at home.”  At this time, Hetrick walked around behind the house and saw Josh Kiser. When Hetrick and Kiser saw each other Kiser ran away, terrified of the implications of his being caught at Mrs. Boston’s house. Hetrick called after Kiser to stop. Kiser continued running a little bit, then stopped and returned to his brother-in-law, and brothers. Upon reaching them, Kiser explained that he knew how this looked, and he didn’t know what to do. He just wanted her to stop bothering him. He wanted the rumors to stop.

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     The first story presented here is one of the most interesting, and bizarre, court cases, I have ever read. I originally wrote this story, "The Kiser Trial" for a magazine I published years ago. The Kiser trial takes place in Sandusky County beginning in 1915. Josh Kiser, of Fremont, Ohio was accused of poisoning his wife. The following is the first installment of the story of the case.

THE KISER TRIAL

Over 300 potential jurors were interviewed before the twelve pictured here were chosen for the Kiser Trial. 

Photo from the collection of the Sandusky County Historical Society

Tears streamed down the face of Josh Kiser when the verdict was read. He finally knew his fate. His trial set a record as the longest trial in the history of Sandusky County, and, finally, he knew where he would spend the rest of his life.

     Joshua Kiser was accused of poisoning his wife, Martha, who passed away November 17, 1915. It was originally assumed that Mrs. Kiser died of ptomaine poisoning from eating spoiled oysters. Josh Kiser and their daughter, Edna, had also eaten the oyster stew. Edna was sick for a few days, and Josh Kiser was ill but able to cope with the symptoms enough to function. Martha Kiser, on the other hand, became extremely ill, and suffered intensely until she was relieved by death six days later.

     According to her obituary, which appeared in the November 17, 1915 Fremont Daily News, Martha A. (Hetrick) Kiser died at 3:50 a.m., November 17, 1915. She died at her residence on 113 South Buchanan Street. She was described as a loving wife and mother. Mrs. Kiser left behind her husband, Josh, and children, Edna and Leroy, as well as her father and stepmother, Mr. and Mrs. John Hetrick, of Oak Harbor. Martha Kiser was buried at Oakwood Cemetery on November 19, 1915.

     Mrs. Kiser was 41 years old when she passed away. She received a “common school” education in the local district schools. She married Josh Kiser on December 28, 1891. They were wed in Fremont, after which they resided on a farm in Ballville Township. After a number of years on the farm, Kiser moved his family to Clyde where he was in the ice business. Later, the family again moved to a farm in Ballville Township. Due to Mrs. Kiser’s ill health the family moved to South Street in Fremont. After the 1913 flood, the Kiser’s wanted to get clear of the water so they moved to 113 Buchanan Street.

     After the death of Mrs. Kiser the talk on the street rumored that Mr. Kiser may have had a hand in his late wife’s demise. The talk was that Mr. Kiser had a girlfriend, and the two of them could well have poisoned Mrs. Kiser. The rumors persisted for a couple of months; enough time to make prosecutor, J.W. Mead take notice and begin an investigation. Part of the investigation involved exhuming Mrs. Kiser’s body for the purpose of examining the body to determine if she had been poisoned. The body of Mrs. Kiser was exhumed from her grave in Oakwood Cemetery in March of 1916. Dr. C. L. Smith of Fremont and Dr. R.C. Longfellow of Toledo removed various body parts for the purpose of determining if Mrs. Kiser had been poisoned.

     Based on the report of Dr. Longfellow, and the statements from 31 witnesses, over a period of three days, including that of the defendant’s own children; Josh Kiser was indicted on two counts of first degree murder on May 3, 1917. 

Next Installment - "The Nightmare Begins" for Josh Kiser