The Conclusion of The Kiser Trial

     The state began their final arguments by stating that the case could be proven in their favor for several reasons. Prosecutor Mead stated that the case presented by the state stood on more than just one form of evidence. He claimed that the medical evidence could be disregarded completely, and there was still enough evidence to convict Josh Kiser. However, the state still insisted that Mrs. Kiser was poisoned, and that arsenic could have been the culprit. The state’s medical experts informed the prosecution  that arsenic could have been processed by the body and that is why no evidence of arsenic was found. At this point the state was certainly grasping at straws. Their star witness turned out to be mentally unstable, and therefore her testimony would probably not enter into the jury’s thinking. Also, the defense had done a good job refuting the so-called “expert” medical testimony presented on behalf of the prosecution. The state’s main case was based on rumors from a gossiping town. Hardly, enough evidence to convict someone beyond a reasonable doubt. The state’s case was in trouble, and they had to know it.

     The jury heard the final words of Judge Garver on Saturday, February 24, and at 2:58 they filed out of the court room and entered the jury room to make the decision concerning the fate of Joshua Kiser. Kiser made conversation with his friends and family while they awaited the much anticipated verdict. It was observed that Kiser seemed calm and confident of acquittal.

     Just about two hours later the jury announced that they had reached a verdict. Once everyone returned to the court room, the verdict was handed to Clerk Thomas Weaver. When Weaver read the words, “not guilty” Josh Kiser finally gave way to his feelings. All through the trial Kiser had maintained his composure. However, when he heard the words that meant his nightmarish ordeal was over, he broke down and the tears flowed. Kiser shook the hand of every juror, and thanked them profusely, he was quoted, “As God as my judge, gentlemen, you would have murdered me had you voted for conviction for I am innocent.”

     As soon as the verdict was read, Prosecutor Mead immediately left the court room without saying a word. A.V. Bauman followed and neither attorney for the state offered any statement.

     The jurors gave their reasons for finding in favor of the defense as: they did not believe the state had proven their medical testimony; they disregarded the testimony of Louise Boston due to her mental condition; and also because they believed what the defense contended in that gossip, rumors, and hearsay had much to do with charges being brought against Kiser. Another reason for their decision was the testimony of Kiser himself. He started with one story of innocence, and ended with the same story. Even in the face of intense cross-examination by Prosecutor Mead, Kiser’s story never wavered.

     The jurors also made it clear that they thought Prosecutor Mead had acted honorably during the trial. They thought he was misled by his medical experts, and the gossip preceding Kiser’s arrest.

     For reasons unknown to this writer, very soon after the trial Josh Kiser moved to Los Angeles, California. He may have moved for health reasons, or maybe it was because he didn’t want to deal with further rumors. Joshua Kiser passed away at the age of 67. He died and was buried in Los Angeles.

     The Kiser trial set records in Sandusky County as well as this section of the state. The trial was in progress for a total of thirteen weeks, and used 56 days of actual court time. At the time it was estimated that the trial would probably cost Sandusky County nearly $15,000.

     While this writer is sure justice was served from what was learned of the case. Still, however, a question remains. Exactly why did Louise Boston make up her story. It seems she went to great, dramatic, lengths to give herself up as an accomplice to murder. We will probably never know.  

The Kiser Trial Continues....

     Sheriff Shanahan was next up to testify as to his involvement in the case. His testimony stated that he received an envelope containing white power, believed to be corrosive subliminate, with which the prosecution thought actually killed Mrs. Kiser. The white powder Sheriff Shanahan received came from the home of Josh Kiser, and his daughter, Edna, gave the powder to the sheriff. Sheriff Shanahan also testified that he was in charge of glass containers holding vital organs of Martha Kiser, which were obtained during the examination of the exhumed body. Sheriff Shanahan also testified that he was present when Martha Kiser’s body was exhumed. The defense again opted not to cross-examine Sheriff Shanahan.

     The next witness called was Edward Tschumy, the  undertaker who prepared Mrs. Kiser’s body for burial. Tschumy testified that he emptied the contents of Mrs. Kiser’s stomach in to the sewer, after which he filled the cavity with an embalming fluid. When asked if the embalming fluid contained arsenic, Tschumy claimed he was unsure if the fluid contained any poison.

     After all testimony on Friday, December 29, court recessed until Tuesday, January 2, 1917 to break for the New Year holiday. However, as fate would have it, Judge Garver had to postpone further due the death of his mother. During the postponement, an unbelievable scene took place.

     On January 3, like a scene straight out of a cheesy soap opera, Mrs. Boston stumbled into Fremont, after walking about two miles in the cold, barely dressed.  At 4:30 in the morning the distraught woman was wailing that she had helped Josh Kiser poison his wife, and she demanded to be jailed. 

     Mrs. Boston was held in jail under an order that would enable the court to keep her in jail, without charges, until the end of the trial. As one might imagine, this new development involving Mrs. Boston caused quite a stir among the gossiping public. Everyone thought that this development would help the defense prove the fact that Mrs. Boston is mentally unstable. However, the prosecution could also benefit due to Mrs. Boston’s claims that she helped to poison Mrs. Kiser. Everyone following the case had their opinion as to which side would benefit the most from this most extraordinary set of circumstances.

      From here, the state attempted to hang their hat mostly on testimony from the medical experts. Their claim was arsenic and corrosive sublimate had caused the death of Martha Kiser. Louise Boston’s testimony was now highly questionable due to her recent escapade.

     After nearly four more weeks of testimony, the state, and the defense, prepared their closing statements.

     Attorney Frank O’Farrell, assistant to J.B. Stahl, began the closing statements for the defense on Wednesday, February 21.  On Friday the 23rd at 10:10 a.m. he finished his remarks. Kiser’s attorneys had put together a good defense. O'Farrell's statements consumed two and one-fourth days of court time. If nothing else, it certainly must was a thorough defense. The highlight of the defense’s closing statement begged the question - was there a crime committed? The Fremont Daily News quoted O’Farrell: “Let us stick to the text in the case. Let’s not get the cart before the horse. Before a conviction can be returned the court will charge you that a crime must be shown. Then if a crime is shown you must look for a motive. If no crime has been shown then it makes no difference if Louise Boston had been in Kiser’s arms every day for two years. Joshua isn’t charged with improper conduct. He isn’t charged with being a gay old sport. He is charged with murder and you first must find that Mrs. Kiser was poisoned. The rest is trash.” The defense put a great deal of emphasis on the fact that the state could not, and did not, prove that Martha Kiser had been poisoned. If the prosecution could not prove she was poisoned, they had no case against Josh Kiser.

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.