Donaldson: Donelsons in the News

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A CURIOUS DEED.
A curious deed was uncovered in the case of Wm Lemon and others against Jared Donelson and others, tried at this term of Court.
The case is one of a lot of cases growing out of the split in the United Brethren Church, and is a controversy for the possession of church property.
This particular case was for the possession of the lot of ground and building thereon, known as the "Donelson Church," located in Green Tp., in which case the "Liberals" were represented by the plaintiffs and the "Radicals" by the defendants.
The lot of land (one acre) was granted by a Mr. Donelson in 1829, by a gift deed containing the following provisions.
    "To certain named parties, as Trustees of the U.B. church and their successors in office, * * * for the purpose of erecting thereon a meeting house, <i>which shall be free for the use of all Christian denominations, <i> and for a burying ground."
The trustees, under this deed, took possession and erected a building, which was used for church meetings till about 1839, when it was torn down and replaced by another which was replaced some years ago by the present structure.
The plaintiffs as trustees of the "Liberals" claimed to be the rightful successors of the original trustees, that they were entitled to the exclusive possession of the building by reason of the fact that the deed did not provide for the maintainance of such free church, and that they had exclusive and peacable possession of the same for more than twenty-one years.
The defendants denied that the plaintiffs are the successors of the original trustees' or entitled as such, to the exclusive possession and use of said building for religious meetings.
The court held that the plaintiffs as trustees, were the successors of the original trustees. That the provision of the deed requiring that the building erected on said land should be "free", was in full force, and that defendants, under its provisions, are entitled to the use thereof as a "denomination of Christians" Notice of appeal. Bond $100
- The Ohio Democrat., February 14, 1891, Logan , Ohio http://chroniclingamerica.loc.gov
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Published under, "Probate Matters, Sep. 1886"
"Sarah Donelson appointed guardian of Chas.A., Elmer E., and Lucinda A. Donelson, bond $250; Levi Nutter and Lucius Kepler, sureties."
- The Ohio Democrat, Oct 16, 1886 (Logan, Ohio) http://chroniclingamerica.loc.gov
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The Nutter Munder Trial
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The Suspected Perpetrator of this Astrocious Crime is Facing the Court and Jury on Trial For His Life
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The first-degree murder case of the State of Ohio vs Charles Nutter was called Monday, and is now on with the tension of interest drawn tight. It will be remembered that a little over a year ago, a startling crime aroused the quiet people of Old Gore and vicinity; a crime not being surpasse in atrocity any dark-deed recorded in the history of that community and this country. There was, very sick at the time, an old maiden lady, Martha Jane Hite, by name, a woman far advanced into the seventies and then suffering from a prolonged illness, living in a little house by the U. Brethern church near Gore. She was dependent on kind and charitable neighbors for such attention and nursing as they could give her and so it was that even in this serious sickness, she was often left alone. On the night of the terrible deed, she had been visited by Mrs. Alltop, before that kind neighbor retired and had from her received her medicines and some food. Mrs.Alltop went to her own home about 9 o'clock leaving the sick woman alone, yet resting comfortably for the night. Early the next morning, a scene much changed and horrible, met the astonished eyes of the neighbor woman, when she came into Martha's home. Upon the couch lay the poor woman, apparently dead; her face and blood matted hair presented an horrible appearance. As she lay in this semi-conscious stupor the neighbors were called and the poor, unfortunate victim made as comfortable as possible. Dr.Donaldson was summoned and gave medical relief. After a few days of great suffering she passed away.

Before her death, she told the story of the astrocious deed; how that late in the night of January 20th, a man broke into the house, and in the midst of his curses perceeded to outrage the lone, defenceless, suffering woman. Meeting with resistance he seized her by the hair, and with the ferocity of a wild animal, dragged her through the house, across the road and over into the field behind the U.B. Church. How long she lay there unconscious, no one knows, however before morning she managed in some super-natural way to crawl back to the house and again lost consciousness, and thus remained until found the following morning. The suspected perpetrator of this vile deed, on being brought before her, was recognized as the guilty one.

Charles Nutter was indicted at the April term following, by the Grand Jury and trial set for September term. In the meantime the Supreme Court of Ohio had declared the Jury law of the state as unconstitutional, hence the indictment returned against Nutter in April was void, thus necessitating another indictment by Grand Jury at September term.

A year had swiftly glided by, the victim of a horrible crime and the suspected perpetrator had almost been forgotton until the cour bell rang on Monday morning, announcing to the people that the law had not relaxed its viligant eye nor loosened its pinions, and that retribution must be made. At 10 a.m. the Court of Common Pleas was opened by Sheriff Thomas, before a crowded court room.
By exchange of judicial courtesies, the bench during the trial is occupied by Judge J. Miller, of Portsmouth, a prominent member of the judiciary of this Seventh Judicial district. Our Judge, O.W.H. Wright has exchanged benches with Judge Miller. The attorneys on the case are Weldy, Bright and Bright for defense; Prosecutor A.R. McBroom, Wright & Pettit and L.D. Vickers for the State.

The miscellaneous business of the court having been dispensed with, the Judge ordered the jurors of the special venire to be called and to come forward. Mr.Thomas B. Pritchard was first asked to stand and be sworn by the clerk. Council for the state put such questions as were necessary and proper to the juror in order to ascertain his competency to sit as a juror. Mr.Pritchard said he had not read about the case, in fact knew nothing about it until lately and had formed no opinion. There being no challenges for cause or none preemptory on part of counsel for state or for defendant, he was sworn in and took his place as juror number one. WIlliam Souders was next called and formed an opinion. The Judge thereupon charged the juror to the effect that if adter hearing the testimony, council and charge of court, he would be able to render a fair and impartial verdict, unbiased and uninfluenced by opinion previously formed. Mr.Souders declared his opinion firmly formed and not admitting of unbiased verdict. He was therefore dismissed for cause and excused by Judge Milner. Harley Danison next responded and having formed an opinion he was excused for cause. The next juror called was Allen Tennyhill and having been duly sworn, answered the necessary questions satisfactorily to counsel for state and defendent and thereupon was sworn as juror number two. Mr.Charles Julian was now called and he and Joseph Fickle were excused because of being hard hearing. The clerk now called David Potter and Sherman Linton, the first of whom was out of the county, the latter dead. Henry Carrick was called. There being no objection raised to his answers, he was sworn as juror number three. Charles Baird was called next and examined by respective counsel and excused on peremptory challenge from counsel for defendant. The clerk now called John Downhour, and there being no objection to him for cause nor peremptory challenge, he was finally sworn for the case, making the fourth juror. John Smith was next called and excused for cause, by reason of having expressed an opinion. J.M. Floyd, the next juror called and sworn, had formed no opinion and after a few questions by respective counsel and court was sworn as the fifth juror. James Bagley, next juror called was found competent to sit as a juror in the case and so was duly sworn as such by the clerk. This made the jury now number six. George Kleinschmidt next called and after answering questions by respective counsel, was charged by the court. Mr.Kleinschmidt was excused on peremptory challenge by counsel for defendant . John White responded at the next call and because of his relation with Prosecuting Attorney McBroom was excused on the ground for cause.
John Chaney was the next called and on examination found to have formed an opinion on the facts as he heard them and in accordance was excused for cause.

The clerk now called Noah Carpenter, who was excused by court on peremptory challenge from counsel for defendant.

Barak Moore, the next called. He had formed an opinion and was excused.

Charles W. James was next called and he had formed an opinion. He was excused for cause.
W.B. Engle had formed an opinion and was excused for cause.

John Brooker the next juror called was found qualified to act as a competent juror in the case and so was sworn. The jury now comprised seven.

Perry Bowlinger had formed an opinion and was excused.

M.V. McClelland, next called, was found to be a fair and impartial juror, and as neither counsel for state or defendant had any peremptory challenge, he was retained and duly sworn as juror number eight.

The next, Kirts Hunter, who having been examined by the respective counsel and there being no objections for cause or any peremptory challenges, was duly sworn , making juror number nine.

Frank McManaway came next on the list and as he was found qualified as a competent juror, he was duly sworn and became the tenth juror.

C.M. Mathias was next called and he had formed an opinion, and was excused for cause.

Stacey Collison had formed an opinion and was excused by the court.

J.S. Austin was objected to for cause and excused by court.

Thomas Peckham was challenged for cause and excused by the court.

George Stoll was excused on peremptory challenge.

Ed. Petty had expressed an opinion and was excused.

Daniel Ruff having been objected to for cause, was excused by the court.

J. Donnelly, was examined and being no challenges for cause or peremptory was sworn as the eleventh juror.

G.W. Murphy had formed an opinion. He was objected to for cause and excused.

Daniel Hostler proved to be the last juror called, for after an examination and there being no objections or peremptory challenges, was sworn as the twelfth juror.

The jury was now complete and sworn as a whole. They are: Thos.Prichard, Allen Tennyhill, Henry Carrick, John Downhour, J.M. Floyd, James Bagley, John Brooker, M.V. McClelland, Kirts Hunter, Frank McManaway, J. Donelly and Daniel Hostler.

It was now 12:15 p.m. , and several minutes past usual time of adjourning for noon recess, but the jury had been impaneled and court adjourned until 1:30 p.m. after the Judge charged the jurors to this effect:

"The importance of the case requires you to be kept together and that you may not hear at the various boarding houses or hotels where you can take your meals, some remarks there made, which may have some weight, I will issue an order to have you placed in charge of the sheriff, who will see that you eat, sleep and remain together. You are not to say anything to each other or should you permit any one to approach you about the case. Mr.Sheriff you have heard my instruction, you will please see that they are carried out."

In the afternoon, on motion of C.V. Wright, the jury was taken to Gore to view the premises where the murder was committed.

Court convened Tuesday morning promptly at 9 o'clock and the witnesses for the state and defense were at once called and duly sworn. Immediately following witnesses were separated by order of the court an instructed to stay in attendance unless excused. There being no miscellaneous business before the court, the cause was stated on part of state by Prosecuting Attorney A.R. McBroom in three counts, the first of which was a charge of murder in attempting to perpetrate a rape; second, charge of murder in attempting to perpetrate a robbery and third, the charge of murder. He also stated to the jury the facts the state would prove to make their case. At the conclusion Col. S. Weldy states the case for the defense to the jury, saying among other things that a statement was one thing, truth, evidence another and that the innocence of accused would be proved.

The first witness called by the state was Dr.John Donaldson of Gore as expert witness, who testified in substance as follows, towit:

     "I have been practicing physician 22 years and was acquainted with Martha Jane Hite, whose health was in a fair condition until the indisposition precedding the injuries received on night of Jan. 21st. I attended her on morning of 21st at which time there were no inications of immediate death. Her face was bruised, there was an ugly cut above the left eye, also one in upper lid of same eye, and the skin on the back beween the shoulder blades extending down back along the spine bruised and lacerated. The wound on the face and head were apparently made with a blunt instrument. There were several bruises on the head (refering to notes to refreshen his memory) the scalp contused and skin was off of back. I was not able at first to locate all the bruises on head because of the matted condition of the hair, filled as it was with weeds, grass and blood. The wound in back lay on each side of spine, and extended from the tips of the shoulder-blades to the small of the back, 8 inches each way; there were also scratched on the neck and bruises on scapula."

Martha Jane Hite died on Feb 4, 1902 at 11:35 p.m., her death due to inflamation of the brain produced by the jarring and severe shaking of the head on night of crime. Dr. J Donaldson testified to having made and examination of the genital organs on the morning of the 21st but found no marks of violence, also that Martha Jane Hite was about 72 years of age, weighed about 160 or 170 lbs and at the time of crime was suffering from neuralgia of the right side, an illness of 6 days prior thereto. He stated that she remained conscious until the morning of the day on which she died.

Dr. J.B. Lyons was next called by the state and testified to having visited the deceased on Jan 31st with Dr.Donaldson. His testimony corroborated that of Dr.Donaldson as to her physical condition and as to the places and nature of the injured parts. At the post-mortem he stated that it was ascertained that her death was a result of inflamation of the brain.

James Davis the next witness for the stat and surveyor of the county, testified to having made the two maps presented to him for indentification, as the ones made by him of the place and vicinity of crime. On motion of E.O. Pettit, the maps were admitted as evidence, exhibit A.

Mr.William Alltop, being called by state testified to having been with Charles Nutter on the night of the crime at Johnson's saloon, that he came as far as his hime with him and there leaving him, went into the house, Charles going on to the Emrick house to see a Miss Lane. Again that on coming out of the house saw a man leaving the Emrick house on two different occasions. He next testified in regard to the clothes worn by Charles Nutter on that night, namely, blue overalls, dark coat, black slouch hat, rather light vest. The court decided a number of questions of law during this examination. At 11:35 a.m. court adjourned until 1 p.m. with Mr.Alltop still on the stand. When court convened in the afternoon the state recalled Mr.Alltop and proceeded with the examination in chief. There being nothing new brought out in cross-examination by Col. S. Weldy, the witness was excused, the state calling Charles Alltop as the next witness. His testimony was corroborative of his fathers with the exception that he saw a strange man get off the train that night, which evidence was ruled from jury as being no part of the state's case.

A.H. Brooke, next witness for the state testified to having-heard the preliminary examination, which was held before him as the Mayor of Logan. He was excused by the court at the first question put by counsel for defendant in cross-examination. Prosecuting Attorney A. R. McBroom now has E.O. Pettit testified to having conducted the examination in chief for state before Mayor Allen Brooke in the Nutter case. He identified the clothes introduced at said preliminary hearing as the ones worn by said defendant on the night of Jan. 20th; also that defendant wore a pair of gloves during the hearing. He testified to two arrests, first for assault with attempt to commit a rape, and second for murder in first degree. L.D. Vickers being sworn testified to having been employed by relatives of Martha Jane Hite at preliminary examination.
(concluded next week)
- The Ohio Democrat, Jan 29, 1903 (Logan, Ohio)
http://chroniclingamerica.loc.gov/lccn/sn87075048/1903-01-29/ed-1/seq-2/
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