The Kiser Trial

     Mrs. Boston claimed, under oath, that just after her divorce, she was afraid to stay at her home for fear of her ex-husband’s retribution. She claimed she stayed at the Kiser home at the invitation of Mrs. Kiser and her daughter, Edna. She also claimed she had several telephone conversations with Mrs. Kiser. Mrs. Boston also testified that Edna Kiser phoned her on the day before Mrs. Kiser’s death, asking if she knew where they could find a bed pan. Mrs. Boston then claimed she took a bed pan to the Kiser home. Later, Mrs. Boston claimed, when she was preparing to leave, Mrs. Kiser asked her to stay. According to her testimony, Boston stayed until the passing of Mrs. Kiser, early the morning of November 17.

     The next day of the trial, Friday, December 29, 1916, saw Mrs. Kiser’s brother and sister testifying, as well as undertaker Tschumy, Sheriff Shanahan, and others.

     Philip Hetrick was the first to take the stand on Friday morning. Basically, his testimony told how he and Josh Kiser’s brother, Charles, discovered Kiser in the home of Mrs. Boston, days after his wife’s death. When the state finished questioning Hetrick the defense opted not to cross-examine.

     Next on the witness stand was Mrs. Kiser’s sister, Mrs. Anna Immel. Immel testified that on an evening in early October, 1915 she stayed overnight at the Kiser home. While she was there, they heard Josh Kiser come home at about 2 a.m. Immel testified that she asked her sister if there was any trouble between her and Josh. However, due to objections from the defense, Immel was not permitted to answer questions regarding the Kiser’s relationship. Immel’s only other contribution to the case was to testify that she was present the day of her sister’s exhumation, and she identified the body as that of Martha Kiser. Again, the defense did not cross-examine.

     The next witness called was O.W. Hanser, the registrar of vital statistics. Hanser was called to officially produce the death certificate, and to testify that, according to the death certificate, the deceased died of ptomaine poisoning.

The Kiser Trial Continues....

      Stahl was beginning to drive home his point of Mrs. Boston’s mental instability. Prosecutor Mead couldn’t let his star witness be nullified without a fight. And fight they did. The opposing lawyers seemed to be close to blows on several occasions throughout the trial.  At one point, the opposing attorney’s were beginning to lose patience with each other, and it wasn’t long until things came to a head. While Mrs. Boston was on the witness stand, Stahl asked if it was true that on December 16, while being interviewed by Prosecutor Mead, she was experiencing one of her “spells,” and she was tied to her bed. Mead took exception to the question and strongly stated it wasn’t true. Attorney Stahl snapped back, stating he could prove it was true, and Mrs. Boston’s daughter, Helen, would testify to the fact. Mead shot back stating that if she did she was a liar and would perjure herself. Stahl quickly responded that he would believe Mead a liar before he would believe it of Helen Boston. This prolonged outburst caused cooler heads to prevail. Judge Garver calmed the men down with this level-headed statement, “if counsel on either side has been doing anything improper there is a remedy and a proper course to pursue.” With Judge Garver’s sobering remark the two men once again settled down to business.

     Day two of the trial was another packed house in the courtroom. Mrs. Boston was still on the stand telling all she claimed to know of the circumstances surrounding Mrs. Kiser’s death.

     Mrs. Boston was prepared with new statements that would add plenty of fuel to the fire of the prosecution. She claimed that Kiser had presented her with jewelry on several occasions. She also claimed that plans were discussed for Josh Kiser and herself to live in the Buchanan street home after their marriage. Boston further stated that when Kiser heard authorities were planning to exhume his wife’s body, Kiser told her that he was very concerned that poison would be found in her system.

     While Mrs. Boston is testifying that she and Josh Kiser were spending time together, insinuating an affair of sorts, she would now testify that she was also friendly with Mrs. Kiser. Did Mrs. Boston consider herself a wolf in sheep’s clothing? Or, was she delusional and living in a fantasy world? Attorney Stahl, of the defense,  was sure of the latter, and he was determined to prove it.

Sixth Installment of The Kiser Trial Serial

     Attorney Stahl’s opening statement for the defense was very brief and to the point: “To the indictment we enter a plea of not guilty and we now say to you that Mr. Kiser is not guilty of any offense charged in the indictment.”

     The prosecution called as their first witness, Mrs. Louise Boston. Mrs. Boston was the alleged “other woman” who supposedly was having an affair of some sort with Josh Kiser. She had been the cause of the bulk of the rumors that led to the arrest of Kiser. The State was building their case around the testimony of Mrs. Boston, and intended to prove that their relationship is what led to the murder of Mrs. Kiser.

     Mrs. Boston began her testimony stating that she was at the Kiser home on the evening before Mrs. Kiser’s death, and she was also there at around 4:00 a.m. on November 17 when Mrs. Kiser died. The courtroom fell dead silent when she began telling of conversations between herself and Josh Kiser, which occurred after Mrs. Kiser’s death. She told of several conversations in which the two discussed the rumors flying around Fremont that Kiser had killed his wife. She testified that on several occasions she questioned him as to how his wife died. According to Boston’s testimony he always replied that Mrs. Kiser died of ptomaine poisoning. Boston continued her testimony and stated that in early March of 1916, in a conversation at her house, the subject of Mrs. Kiser’s death came up again. This time Josh Kiser responded that, in fact, he did kill his wife using a corrosive sublimate poison, which he purchased at the Thomas and Grund drug store. Mrs. Boston’s damaging testimony continued. She claimed that about a week after Mrs. Kiser’s death, Josh Kiser had promised to marry her and provide a home for her and her children. Mrs. Boston also claimed that Kiser had given money for a divorce from her husband, John Boston. Boston continued that she and Kiser spent time together before her divorce and, after she filed for divorce, she stayed at the Kiser home for a few days. Prosecutor Mead seemed to making a strong case with his star witness. The prosecution gave way to cross-examination of Mrs. Boston after she was on the stand for over four hours.

     Attorney Stahl began his questioning by asking Mrs. Boston if she had a brother who committed suicide. The prosecution vehemently objected to this question, and the jury was excused while the matter was discussed. Stahl claimed he was trying to lay a foundation for the defense that Mrs. Boston was insane. The prosecution argued that her brother’s suicide had no bearing on the case. Judge J.T. Garver sustained the objection, and this served to fuel much arguing back and forth between the prosecution and the defense.  In further cross-examination it was learned that Mrs. Boston would tear her clothes, and pull out her hair if she did not take nerve pills. She also divulged that on at least three separate occasions she had attempted suicide. Attorney Stahl’s line of questioning seemed to be getting the intended results.

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.