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.