CRIME & PUNISHMENT
IN JENNINGS COUNTY HISTORY

Taken from Newspaper Articles & Court Records, spelling as in originals.

While doing research in old local papers and court records I have come across some really interesting murders, early in Jennings County.

I am including Newspaper articles here and they can be quite graphic

August 17, 1881 - Vernon Banner

    As our readers know, the Lewallen tragedy has been a matter of much excitement during the past two weeks, and many extravagant rumors have been in circulation in regard to it. We will endeavor to give a clear, straightforward narrative of the events connected with it.

    On the morning of the 2nd inst. The Coroner received notice that Sarah Lewallen had died suddenly, the evening before, at the home of her husband Mr. William Lewallen, in Sand Creek Township, near the line of Decatur and Bartholomew counties. The Coroner proceeded to hold an inquest. A large number of people were present, somewhat excited and desirous that justice should be fully meted to anyone who might be guilty, but withal quite orderly and well conducted. A number of witnesses were examined, and their testimony went to show that Lewallen and his wife had lived unhappily for some years, and that he had made many threats against her. It also appeared by the testimony that he had given her two drinks of whisky a half hour apart, previous to her illness and death, both of which she declared to be very bitter to the taste, and in some ten minutes after the second drink she was seized with violent tremors and spasms, which continued with short intermissions for a half hour or more when she died. After seizure with the spasms she declared herself poisoned. Dr. Cope, assisted by Dr. White, of Sardinia, made a careful post mortem examination of the body, and discovered unmistakable signs of poisoning by strychnia. The brothers, Drs. Riley, of Sardinia, were also present and agreed as to the post mortem appearances. Dr. Cope removed the stomach of the deceased, and on request of the Prosecuting Attorney, Mr. Yater, took it to Dr. Collins, of Madison, for analysis. Dr. Collins found strychnine in large quantities, sufficient to have caused the death of several persons.

    On the day following the post mortem examination Coroner Wagner filed an affidavit before Mayor Shank, of North Vernon, charging Lewallen with murder in the first degree. The case came up for examination on Thursday, the 4th inst. By some means a change of venue was secured, and the case taken before Esquire Norris. On Friday, Prosecutor Holland appeared and asked a continuance of one week, until the analysis of the stomach should be completed. This was granted, and strangely enough the prisoner was offered his release on five thousand dollars bail, although the constitution of the State prohibits bail for murder. However, Lewallen failed to obtain bail, and was confined to the county jail till last Friday, when he was taken to North Vernon for a preliminary hearing. Besides the Prosecuting Attorneys Messrs. Hagins, David Overmyer and Smith appeared as prosecutors, while Hon. John Overmyer appeared for the defendant.

    Dr. Collins was the first witness and gave clear testimony that his analysis had shown a large amount of strychnine to have been in the stomach of Mrs. Lewallen at the time of her death. Dr. Collins was subjected to a very tedious and thorough cross examination but without effect on his testimony. Dr. Wm F. Riley was next examined. He had been Mrs. Lewallen's physician for twenty-seven years. He testified to her previous condition and also to the post mortem appearances. Susan Ross was the next witness. She testified to being present at the time the deceased was taken ill and until she died. Her evidence in substance was that Mr. Lewallen gave the deceased a drink of whisky about six o'clock in the evening; that she said it was very bitter; that she got supper ready and Lewallen and wife, Mrs. Scripture and daughter and Mrs. Ross came to the table; Mrs. Lewallen complained of not feeling well, and her husband told her another drink of whisky would make her better, and he, proceeding to get some hot water and sugar in a glass, this by one of the women, took Mrs. Lewallen in another room, where the whisky was kept, to mix her the drink. Mrs. Lewallen, as she was returning to the table, said the drink was so bitter she could hardly drink it. She then poured the coffee and in ten minutes from the time of taking the drink, during which time she ate nothing, asked for some meat; as she put out her hand to take it she was seized with a violent trembling, at the same time jerking severely, and her head being drawn back. Her husband assisted her to the bed, when she called for Miss Scripture, declaring herself poisoned and asking for some milk, which, when brought, she could not drink. She charged her husband with having poisoned her, and urged him to live a better life and be prepared for the next world. In half an hour or so she expired, having had severe spasms nearly all the time. Dr. Cope was the next witness, and gave a description of the post mortem examination made by him, and as to the disposal of the stomach until it was placed in Dr. Collins' hands. The three physicians were examined fully as to the symptoms of strychnine poisoning, the witnesses being separated, and, as the lawyers declared, with remarkable unanimity in their testimony, it being common for doctors to disagree. This ended the testimony for the day, and court was adjourned until nine o'clock the next morning.

    On Saturday morning the witnesses began gathering at the Town Hall, the lawyers were busy reviewing the testimony and the audience filling the seats, all unconscious of the terrible tragedy so soon to be enacted. Marshall Knoll had taken Lewallen to Mr. Overmyer's office, in Whitcomb's block, for consultation. Mr. Overmyer was reading over notes of the trial and dictating to Mr. Frank Little points he should write down, both of them were seated at a table; Coroner Wagner was sitting nearby, and Mr. Lewallen was sitting between the table and a large open window, which fronts over the stone sidewalk below, the office being on the second floor; on the sidewalk Marshal Knoll was seated and Mr. Ebert Whitcomb was nearby him. It was just five minutes of nine o'clock. Mr. Lewallen arose and looked out of the window, leaning well forward in doing so. Mr. Overmyers back was towards him, and the other two gentlemen had their eyes off him a few moments, when he suddenly lost his balance and fell, trying to catch himself, and even holding to the window sill a moment by his toes, but, before anyone could reach him, dropping to the pavement with a heavy thud, fracturing his skull and injuring his shoulder and hip severely. Dr. Batman was at once summoned and did all for him that medical assistance could do, but in vain, for the fall was mortal. He was carried to the Town Hall, where he lay unconscious until ten minutes past 12 o'clock when he expired.

    From the puny courts of men he was suddenly haled to the Great Court, where the Creator of the Universe sits in judgment, and where there is no shoving by justice, but the guilt or the innocence of man stands uncovered. Mr. Lewallen was charged with a most heinous crime, and the evidence of his guilt seemed strong, but, now that he is dead, it is meet that the mantle of charity should screen his grave from harsh criticism, and that men should refrain from standing in judgment over his ashes, but leave him with his Maker and his God.

    Mrs. Scripture and her daughter, who were present at the supper table at Mr. Lewallen's and at the death of his wife, testified before the Coroner substantially the same as Susan Ross. Miss Sarah Scripture is only sixteen years of age, but has a boy baby, eight months of age, of which Mr. Lewallen was the father. She was a niece of Mrs. Lewallen and had lived in the family four or five years. She and her mother say, and there is corroborative proof, that Lewallen seduced her under promise of giving her a deed for his farm if she would raise him a son. He was much chagrined that his wife bore him no children, and that misfortune seemed to be the great source of the contentions between them of late years. They lived together nearly or quite thirty years and were both in the decline of life. It is only with sincere regret that anyone can contemplate these tragical events that have occurred within the past two weeks. Murder is shocking under any circumstances, but for a pair, who had lived and toiled together for nearly a third of a century, to go to their graves in such a manner as did William and Sarah Lewallen, it strikes a far deeper horror into a community than does and ordinary crime. It is a terrible lesson to the living to hear and forbear in the trials of life, and to kindly share each other's burdens. Let a cover of charity settle over their graves and the excitement of the present pass away forever.

    What the above article does not mention is that young Miss Sarah Scripture took William Lewellen to court both before and after his death to get money from his estate because of her having a child by him. She was awarded a substantial sum and promptly married the man who had been her "Next Friend" in her lawsuit; they left Jennings County never to return. I have not found what happened to her son by William Lewellen as he does not show in any records living with them.

If you are researching the family of Gustave Schwacke keep in mind although his name is spelled Schwake in these newspaper accounts the family spelled it Schwacke!

The Vernon Journal - September 25, 1903

BRAVE MARSHAL SCHWAKE WHILE IN PERFORMANCE OF DUTY MEETS TRAGIC DEATH

William Wilkerson While in a Furious Condition Caused By Habitual Drinking, Shoots City Marshal and With Same Weapon Kills Himself

     Never before in the history of North Vernon were the citizens so terribly shocked as they were Wednesday afternoon when the news was spread that William Wilkerson had shot and killed City Marshal Gustive H. Schwake without any provocation or reason for doing so.
     The acts leading to the killing are about as follows:
     For some months Wilkerson had been abusing his wife and threatening her on Wednesday he was more quarrelsome than ever. In the morning he came down town and purchased a cap and had it sent home and also sent the cheering information that his wife would never see him alive anymore. For some reason, he did not muster courage enough to kill himself and about noon went home and renewed their quarrel with his wife. Finally he became so vicious that he picked up a knife and started after her when she fled to a neighboring house and secreted herself. Wilkerson who followed her to the yard then went back into the house and secured a gun and came out and sat down on the steps waiting for her to again appear.
     W. G. Norris happened along just as Mrs. Wilkerson was fleeing toward the adjoining house and, almost breathless, she told him that her husband was trying to kill her.
     Norris came down town secured Marshal Schwake and followed by several citizens went back toward the house. He advised Schawke to be careful as Wilkerson had the gun in his hands. Schwake, little thinking that he would be shot, bravely went forward to do his duty. He had faced death before and was never known to falter and he did not falter now. Steadily he walked up the pavement and when almost opposite the house Wilkerson without uttering a word of warning took aim and pulled the trigger. A flash and the deed was done. The brave marshall reeled, grasped the wound and staggered-his strength was not yet gone for he walked about 40 yards and then sank to the pavement and breathed his last. No one will ever know what his last words were but it is probably his thoughts were of home because he staggered in that direction.
     Wilkerson in the meantime had reloaded the gun and kept the crowd at bay. Several of the citizens hurried home to get arms and as the crowd began to re-assemble Wilkerson saw he was going to be captured he then slipped out of the back yard and ran toward the stone quarry. The crowd discovered he had left the house and it started in pursuit, but before Wilkerson could be overtaken he had deliberately taken a part of his suspenders fastened one end to the trigger of his gun and the other to his shoe and holding the muzzle toward his head, sent the discharge through his own brain, and by three o'clock two homes were left fatherless.
     The remains of Marshal Schawake were taken to Rapp's undertaking establishment and the remains of Wilkerson were taken in charge by H. H. Dowd.
     Marshal Schwake was 64 years of age and had been married 14 years and leaves a wife, one son, and one daughter. He carried a life insurance of $1000 in the Foresters and was a member of the Oddfellows lodge; was at one time city clerk of North Vernon and a year ago last spring was elected city marshal. The funeral will take place Friday afternoon at 2 o'clock conducted by the Oddfellows lodge.
     Wilkerson leaves a wife and five children.
     Both families of the dead men have the sympathy of everyone. Mrs. Schwake was overcome when the news of her husband's death reached her and for a time was in a serious condition. Mrs. Wilkerson was also greatly shocked by the news of the tragedy.

North Vernon Plain Dealer - September 25, 1903

DOUBLE TRAGEDY

WILLIAM WILKERSON MURDERS MARSHAL GUS SCHWAKE
THEN KILLS HIMSELF
WHILE BEING PURSUED BY A POSSEE ARMED WITH WINCHESTER RIFLES

     A terrible double tragedy occurred here Wednesday afternoon that resulted in a murder and suicide. William Wilkerson, shot and killed Marshal Gustav Schwake, and a few minutes later blew his own brains out. Whiskey was the cause of it all. Wilkerson, who indulged in periodical sprees, was of a very quarrelson disposition when under the influence of drink, being especially ugly toward his wife, whom he had threatened to kill time and time again. Wednesday he had a long, murderous-looking knife with a curved blade, chasing her through the house. She ran out in the street and took refuge at a neighbor's house. In the meantime she had sent for Schwake. Wilkerson remarked to a neighbor, "if Schwake comes here to arrest me I'll kill him. You stay out here and you will see some fun." He entered the house and secured a gun and stationed himself out in the yard under a tree. Schwake, who only intended to talk to him and get him quiet, began to talk to Wilkerson as he stepped into the yard Wilkerson evidently thought he was going to be arrested, and threw the gun up to his shoulder and fired, the full load of shot entering Schwake's head and breast. The latter turned and walked out onto the street and had probably walked twenty feet or more when he fell to the pavement. Some men who had witnessed the murder started to run to his assistance when Wilkerson, who had reloaded the gun threw it up toward his shoulder as though to take aim, and the men ran back. The word flew over town that Schwake had been killed. Wilkerson, meanwhile, had entered the house, and with gun loaded was defying arrest. The fire bell was rung and a crowd soon gathered and a posse was formed to take him. In the meantime Wilkerson carrying the gun had escaped out of the rear of the house and gained the creek. Several men, headed by Night Policeman Suddith and ex-Night Policeman James Huntington, and a number of deputies who had been sworn in, ran to Tripp Bros. store and secured several Winchester rifles and started in pursuit. Wilkerson evidently knew he would be taken, dead or alive, and killed himself. ( _________________left out a really bad sentence here.) He had taken off his suspenders and tied them around his feet and used them to pull the trigger. From all appearances he must have placed his ear over the muzzle of the gun and fired. (Another sentence not entered). In the morning Wilkerson went to Tech Bros' store and bought a cap. He ordered his old hat sent home and remarked: "My wife will never see me again after today; I am going to commit suicide." He also asked W. N. Mitchell to take a drink with him, saying: "This will be the last drink you will ever have a chance to take with me."
     This makes the third brother to commit suicide. Scott who lived in the West shot himself.
     John who lived here, is said to have committed suicide while his wife was at church, by swallowing poison. All were very dissipated. Their father, Thos. Wilkerson, was at one time the wealthiest man in Jennings county was not dissipated. It is also to be remembered that a brother to Gus Schwake met with a tragic death. He was one of the four boys who were drowned at the dam a year ago last spring. The two families of the dead men are almost paralyzed with grief and horror. Mrs. Wilkerson laid in a semi-conscious state for some time after the tragedy. Both men leave wives and children. Mr. Schwake made a good, efficient Marshal, and gave universal satisfaction as an officer. He was fearless in the discharge of his duties and filled the position acceptably. Both families have the sympathy of everyone in their great trouble.

Family of Gustave Schwacke

Front Row Left to right Fred (1882-1902), Louis (1830-1919), Louisa (Verbarg) (1845-1934), Carrie (1865-1942,
Back Row left to right George(1869-1941) Gustav (1864-1903), Charles (1877-1958) )

Business of Gustave H. Schwacke before becoming City Marshall

G. H. SCHWAKE

A City Official and a Prominent Business Man
     Upon Fifth street, nearly midway between O. and M. avenue and Hoosier street, is the grocery and provision house of Mr. G. H. Schwake. The gentleman in question is not unknown to our people. He is a native of this city (his birth place having been within a few feet of his present store.) In 1877 he began clerking for his uncle, F. W. Verbarg, remaining with him until February, 1880. Then he was with C. H. Kutchback until going into business for himself eight years ago. Since then he has occupied the same premises and been engaged in the same specialties as now.
     Two years ago last spring Mr. S. was elected city clerk and this last spring he was re-elected. He is an admirable man for the place and if the council continues to want voluminous "minutes" Clerk Schwake will humor the members to the full bent of their inclination.
     As a merchant Mr. S. has been prosperous. He carries full lines of groceries, provisions, crockery, glassware, lamps, wood and willowware, and he spares no effort to make his establishment popular by reason of good and low prices.

Just the year before Gustave was murdered his family suffered the tragedy of losing their son, Frederick, Gustave's youngest brother, in a drowning. Although Gustave died the family did not give up on community service one of his brothers Charles F. Schwacke is also remembered here:
Bedford Weekly Mail - May 30, 1902

     North Vernon, Ind., May 23 - Ed Miller, aged seventeen years; Harold Craig, aged sixteen years: Fred Schwake, aged nineteen years; and Harry Meyer, aged seventeen years, were drowned in the city reservoir this evening at 4:30, while boat riding. Frank Cassin, aged fourteen, escaped by catching a hangling limb, after swimming 150 yards. The river is out of its banks, and all efforts to locate the bodies have failed. The city is greatly excited, and searching parties are busy, and the banks of the river are being eagerly sought for the bodies. Schwake is a brother of the City Marshal.

Seymour Tribune - June 5, 1958

Charles Schwacke, Sr.,

North Vernon Justice, Dies
     Charles F. Schwacke, Sr., 81, North Vernon justice of the peace and former police and fire chief, died of a heart attact Tuesday at his home 119 East Hoosier street, North Vernon.
     Mr. Schwacke was serving his second term as justice of the peace and was a candidate for re-election on the Republican ticket in the fall elections. He was appointed to serve the unexpired term of Justice Carl Alexander before being elected to office.
     A native of North Vernon, Mr. Schwacke was graduated from North Vernon High School. He was very-well known in this area and highly respected.
     He became head of the North Vernon police department about 1915, a post which he held for 12 years. He also served as night patrolman for eight years. Mr. Schwacke also served as fire chief while he was a patrolman.
     A member of St. Mary's Roman Catholic Church, he belonged to Red Men’s lodge, and the Indiana Association of Justices of the Peace. He was married to the former Miss Elizabeth Kelsch of Hayden, who preceded him in death in 1954.
     Survivors include two son Charles Schwacke, Jr., an employee of the North Vernon post office, and William L. Schwacke, also North Vernon, and seven grandchildren.
     Funeral services will be conducted at 9 a.m. Friday from St. Mary's Catholic Church in North Vernon. Burial in St. Mary's Catholic Church Cemetery.

     Friends may call at the Diekoff and Vance Funeral Home at any time.

1906 Covert murder Tharp

THE VERNON TIMES - December 26, 1906

MURDER AT SCIPIO

Charles Tharp Shot to Death Wednesday Afternoon by E. N. Covert. Murderer in Jail
     The little hamlet of Scipio has again been the scene of a bloody tragedy, this time one of her leading and highly respected citizens, Charles Tharp was the victim of a man, Elisha N. Covert, also a good citizen, who lost control of his temper, and during a shot controversy, shot his neighbor in the head with a load of No. 5 shot, from a shell in a 12 gauge, single barrel shotgun.
     The cause of the deed was a line funce.
     Clarence Mason was the only eye witness to the tragedy and his story is about as follows.
     He was at Mrs. Hannah Pool's residence to get a trunk which was to go to the depot, and while loading the trunk on a wheel barrow he saw Covert come from his home with a shot gun and go into a vacant lot, owned by Covert, which lies between Tharps home and Mrs. Pool's, He had not gone very far when Tharp came out of his back door and around the corner of his home. Covert said to him. "What do you mean by tearing down my fence?" and Tharp replied "You are a G__d____ ___ __ _ _____," whereupon Covert raised his gun to his shoulder and pulled the trigger.
     Tharp fell in the snow upon his face, where he died almost instantly. 53 shot penetrated Tharps face and neck, a little to the left and and the corner of the house was sprinkled with shot.
     Three shot in the forehead penetrated the brain; four penetrated the right eye and two the left eye. Three shot penetrated the left side of the neck. Of these twelve shot, either might have proved fatal.
     At the time of the shooting Mrs. Tharp was not at home, but was at the home of her sister, Mrs. Henry Brown, and the corpse lay in the snow until men from the nearby stores carried him into the house, where a wash basin of blood flowed from his nose and mouth.
     The shooting took place at about 2:15 o'clock Wednesday afternoon, and the murderer left immediately for the woods and was seen about two miles from the scene by some scipio boys, who thought he was out hunting. This was the last seen of him until six o'clock when he was seen to enter his home and was almost immediately arresed by Night Police Suddith, of North Vernon, who was shortly afterward followed into the house by Shefiff Gautier who was unaware of Suddiths presence in the house. Suddith turned the prisoner over to Sheriff Gautier who took him to Vernon where he now remains in the county jail. His trial will probably be held next term of court.      Tharp was a man forty years old, 5 foot 7 1/2 inches, weighed 165 pounds, blue eyes, light brown hair. He leaves a widow and a son about six years old. He was a man in comfortable circumstances and was well liked by citizens of Scipio.
     Covert is a man 60 years old, light moustache, weighs 175 pounds, and has a family of a wife, son and daughter, the boy being 21 years old and the girl 16.
     He has between 200 and 300 acres of land, a fine two-story residence and has always been considered a good citizen.
     The cause of the shooting is a road between Tharp's property and the vacant lot owned by Covert. The road leads to the Scipio cemetery, and before the cemetery gate, Mr. Tharp was engaged in putting a fence across the road to keep his cattle down below the house, where he fed them.
     For five or six years, the principals in yessterday's tragedy were continually having trouble but evidence shows Covert to always have been the agressor.
     Big strpmg men would look at the corpse and tears would start down their cheeks as they exclaimed "Charley, you were a good citizen and is no way for you to go. Its awful.
     Covert has secured the services of Attorney Lincoln Dixon to defend him. He left word with the sheriff to admit no reporters to is cell as he would not talk about the case.

NORTH VERNON PLAIN DEALER - December 29, 1906

QUARREL ENDS IN MURDER; BOTH WERE PROMINENT FARMERS

     As a result of high temper and the too ready use of a shotgun Charles Tharp is dead and Elijah Covert, a wealthy farmer, is in jail, charged with murder. Both are respectable men of families of Scipio, this county, and the tragedy was wholly unexpected, although some feeling had existed between the two men for a few years, starting it is said, over a line fence.
     Both owned property adjoining one another, except that a roadway to the town cemetery divided the farms for a few rods [a rod is 16 1/2 feet]. It is claimed that Tharp wanted to enclose it, while Covert disputed his right to do so. This afternoon Tharp started to inclose the ground. When the two men met Covert objected. Tharp accused Covert of tearing down the original fence and when he denied it, an eyewitness states that Tharp called Covert a vile name.
     This angered Covert so much that he raised his shotgun and fired. Tharp fell to the ground and expired almost instantly, fifty-three shot having taken effect in his face. It is claimed that the two men had a quarrel a few minutes before the shooting and that Covert had gone home and secured his gun and then went over to where Tharp had been at work and shot him, but as no one knows of any trouble the impression also existd that Covert had started hunting and happened to meet Tharp when the dispute arose.
     After the shooting the murderer went into his barn nearby, but soon left, and with his gun started for the country, where he remained until this evening, when he returned home and surrendered to Policeman Suddith of North Vernon. Later Sheriff Gautier arrived and took the prisoner to the County Jail at Vernon.
     The tragedy caused widespread excitement and especially since it was the general belief that Covert would kill himself because he took his gun with him. He has always been regarded as a good citizen and by good financing has amassed considerable of a fortune estimated at $50,000.
     He is 55 years of age and has a wife and two children. The murdered man was a thrifty citizen and was well liked. He leaves a wife and son. Covert refused to be interviewed until he had talked with an attorney.

NORTH VERNON PLAIN DEALER - January 3, 1907, Page 1 [paper dated in error as 1906]

ELIJAH COVERT

Waives Examination and Must Wait on Action of Grand Jury

     Mr. Elijah Covert who is now in jail at Vernon charged with the murder of Charles Tharp at Scipio, Ind., on last Wednesday afternoon has waived examination before Justice Randall, of Vernon, and held without bond until the March term of court when the grand jury will bring in a bill against hm, Messers Dixon, Meloy, New and New have been employed to defend Mr. Covert.

NORTH VERNON PLAIN DEALER - April 4, 1907, Page 1

Covert Plead Not Guilty

Jury For The Case Was Made Up Monday in Five Hours-Case May Go Jury the Last of the Week.

     The case of the State against Elijah Covert was called in the Circuit Court at Vernon Monday mornind and the indictment read to Mr. Covert charging him with killing Charles Tharp at Scipio on December 26, 1906. When asked if guilty or not guilty he said "Not Guilty."
     The afternoon was taken up in examining fifty-six men before twelve suitable to both sides were selected. The jury is as follows: Evan Hughes, Fred Deputy, Jasper Kinder, Calvin Barnes and Ed Redman, of Marion township, David Eberwine, John E. Miller and J. A. Cook of Columbia township, Harmon Artz, J. D. Totten and Geo. Moorehead, of Lovett township, and Jos. Rogers, of Vernon township. All are good men who are among our best farmers.

NORTH VERNON PLAIN DEAKER - April 11, 1907, Page 1

COVERT GUILTY MURDER OF THORP [THARP]

     Last Friday morning the jury in the Covert case brought in a verdict of "guilty" and at the same time exceeded its powers by affixing a penalty. The members were sent back by Judge Thompson and instructed to revise the verdict, which they did in proper form, leaving the matter of penalty to the law in such cases provided. Mr. Covert was then sentenced to serve a term in the Penitentiary of from two to twenty-one years. The verdict was accepted by all concerned as satisfactory, and immediate preparations were made for transferring the prisoner to the State Prison North. Sheriff Gautier, accompanied by Recorder Stearns, performed that duty, leaving Vernon on the Pennsylvania train Friday afternoon. We believe this is the first time a person charged with murder has been convicted in this county since Sage, who was hung at Vernon in the 60's, was convicted, although there have been many arrests for that crime.

NOTES:      In June of 1907, Tharp's family won a lawsuit against Covert and were awarded $5,000.00 in property as damages.
     In May of 1909 Elijah Covert was released on Parole by the State board of pardons. He lived until 1933 and is buried in Garland Brook Cemetery in Columbus.

North Vernon Plain Dealer - January 31, 1907, Page 4

Obituary

     Charles Tharp, son of Mary and Robert Tharp was born in Scipio, Ind., Dec. 10, 1866 and died in the town of his birth Dec, 26, 1906, aged 40 years and 16 days. On Dec. 15, 1895 he was united in marriage with Etta Petree and to them was born one child, Wm. Tharp Jr.
     During May of last year he joined the I.O.O.F. lodge at this place and was an enthusiastic member of that order during this time.
     To those who are at all familiar with the history of the affairs of our community during the last decade, the name and life of the deceased are well and favorably known, and any extended obituary is at once unnecessary and uncalled for. We knew him as a man of sterling worth of honorable and upright character and in his daily life free from the shames and hypocrisy that oftimes mar an otherwise beautiful.
     Generous to a fault we knew him to be and whenever sickness or death, or misfortune came to any home in our community the hand of Charley Tharp was among the first to be extended in sympathy or in help as the case might be. These traits of character, together with a pleasant sociable disposition made for him a host of friends, who deeply mourn his untimely death and extend to the bereaved family their heartfelt sympathy.
     He leaves a widow and one son age six years, three brothers William, Abram and Fred who are in the far west and were unable to be present, two sisters Mrs. Florence Howard and Miss Lola Tharp of Greenwood, Ind.

Columbus Republic - November 13, 1933

ELIJAH COVERT HIT BY CAR, DIES

Resident of City 23 Years Is Victim of Accident in Jeffersonville

     Elijah N. Covert, 87, dies at noon Saturday of injuries suffered Fridau night when struck by an automobile in Jeffersonville. His daughter, Mrs. Noble A. Garrettson was painfully injured at the same time.
     Mr. Covert will be remembered by hundreds of local people not otherwise acquainted with him as the Charlie Crabb drum corps which used to play for all patriotic parades here. He was the father of Clarence Covert, of this city, and he lived in Columbus and East Columbus for 23 years.
     Mr. Covert died in the Clark county hospital. On Friday evening he and his daughter, Mrs. Garretson were returning from Charlestown where they had attended a dinner given by Mr. Covert's niece in honor of another niece in honor of another niece who was visiting from California. As they got off the bus an automobile came across the street and struck them.
     Mr. Covert had a skull fracture and internal injuries, and died without regaining consciousness. Mrs. Garrettson was knocked down and rendered unconscious and has many cuts and bruises. She is also a patient in the Clark county hospital.
     Mr. Covert is survived by the son Clarence, the daughter, Mrs. Garrettson, a brother Ed Covert, of Otisco, a sister Mrs. Julia McDowell, of the state of Oregon, a half brother, John Covert of Louisville, and many other near relatives and a host of friends.
     The funeral will be held Wednesday morning at 10 o'clock at the daughter's home, 711 east Court avenue, Jeffersonville, and short services will be conducted at the grave in Garland Brook cemetery here at 2 o'clock.
     Mr. Covert was born in Clark county, but moved to Scipio, Ind., when a young man. He married Martha Ellen Amick, who preceded him in death on November 18, 1911.
     For the past six years he made his home with his son and daughter alternately, and at the time of his death was living with the daughter.

McQuade Murder 1912
North Vernon Plain Dealer - October 10, 1912

Two McQuaid Brothers Murdered Monday Night

Motive Points To Robbery - Considerable Money Thought to Have Been in House At All Times

$1000 Reward Has Been Offered

By the Commissioners-Sheriff Donnell and Prosecutor Verbarg Have Clews That May Lead to An Arrest
     The double murder which occurred at the McQuaid home, about eight miles south of this city, near the Euler ford bridge, Monday night, was one of the worst crimes in the history of this county. The victims, Charles McQuaid, age 71, and his brother, John age 58, were awakened at about eleven o'clock, by a knock at the door and someone calling, "Charlie, come out here and bring a lantern." Charles answered that he had no lantern and the man outside told him to bring a lamp, saying, "Our harness is broken." Mr. McQuaid asked who he was and he answered, "Kinder," Mr. Kinder is a neighbor living about one half mile from the McQuaid place, and Mr. McQuaid immediately got a lamp and went to the door, but as soon as it was opened he was struck on top of the head with a club, but was only stunned for he called for his brother, John, who came running out of the house and was shot and instantly killed, the bullet entering under the arm and passing through the heart. Miss Maggie McQuaid, a sister, who lived with her brothers, and who has been a cripple for the past thirty-four years, hearing the commotion, wheeled her invalid's chair to the window and screamed for help. Web Spencer, a neighbor, living about three hundred feet north of the McQuaid home, heard her screaming for aid and called to her that he was coming. He lit his lantern and ran to the place and discovered both the McQuaids lying in the yard, John dead, Charles dying. He spread the alarm and tried to telephone to this city for a doctor, but every attempt to get telephone connections was unsuccessful and the next morning it was discovered that the wires had been cut. The murderers had climbed a small hickory tree and cut the wires, about one mile from the McQuaid home. After arousing the neighbors, Spencer came immediately to this city for Dr. McAuliffe and Rev. G. L. Widerin, who went to the scene but found both men dead, Charles having lived only a couple of hours. Sheriff Donnell was also notified and went at once, but it was daylight before anything could be discovered that would lead to a clue. Coronar Jordan held an inquest Tuesday morning and gave the verdict that both died from being shot by an unknown person, proving that the murderer or murderers, shot the older brother, when they heard him call for John and found that they had not silenced him with the club. Sheriff Donnell went to Seymour in John Dill's auto, Tuesday morning, to meet Robert Owens, of Bedford, who is the owner of a pair of blood hounds and had been notified to come at once. They arrived with the dogs at the scene of the murder at about 1:30 in the afternoon. The rear of the house had been wired off by the officers in order that the scent might not be destroyed before the dogs arrived, and it certainly presented a ghastly appearance, blood covering the ground even on the sides of the house.
     The dogs took the trail and passed through the back gate to the road leading south-east to Powder creek and went about a quarter of a mile to an abandoned house, which had been occupied about a year ago by James Tyler, and where it was discovered, the murderers had hitched their horses, and then about a mile to the residence of a Mr. Watts, went into the barn lot and out to the corn field and down into an old field, where the trail was lost. The dogs were then taken back to the road, where a rig had been traced and here they took up the trail and went to the home Robert Davis, went to the barn, then out into the field where Mr. Davis was, then to the house and into the summer kitchen and up to an oil stove. From here the dogs were taken to the place where the telephone wires had been out, and they took up the trail there and went to the McQuaid residence and started out over the same route taken at first. A holster was found at the place where the telephone wires were cut, and a blue serge cap was found near the scene of the murder. A little son of Mr. Watts found a lap robe on the road, when going to school in the morning, and hid it in a tree until evening, when he took it home. All these articles have been turned over to the authorities and are now on exhibition in the window at Tripp Brothers' store.
     James McQuaid, a brother, who lives about a quarter of a mile south of his brother's house where the murder was committed for the past thirteen years and had lived in the neighborhood for twenty three years, and that in all these years, they had never had never quarreled with anyone and had no enemies. They were members of St. Joseph's Church, Four Corners and never left the place except to go to church, or when business called them to town.
     The McQuaid's did not patronize any bank and for the past twelve years it was the general supposition that the old men had a large sum of money in the house. It is generally believed that robbery was the only motive for the crime, which resulted in the loss of two lives. This belief is strengthened by the fact that Charles, the one that was called to the door, was the only one in the house that was thought to be able to defend himself, as the younger brother, John, had recently become afflicted with locomotor ataxia and was scarcely able to walk; however when his brother called, he sprang from the bed and ran to the door, as though he had not been at all afflicted. It is claimed that the murderer exclaimed, as he struck Charles, "Now you d-old s-of a b---, we've got you now." Both the murdered men were bachelors and belonged to a family of eleven children, all of whom are now dead, except four, James of this county; Maggie, who made her home with her two brothers; Mrs. P. H. Noon and Mrs. Mary Call, of Indianapolis.
     Lieutenant John Corrigan, of the Indianapolis Police Force, a first cousin of the murdered men, arrived in this city, Tuesday evening, and is working quietly with the authorities in an effort to bring the murderers to justice.
     The county commissioners, being in session this week, at once offered a reward of $1000 for the capture of the murderer or murderers, who killed the two men. During the day following the murder, hundreds of people from all over the county, drove to the scene of the crive and witnessed the dogs starting on the trail.
     W. J. Hare and Wm. Nauer did a little detective work during the morning, while waiting for the dogs. They found where the rig, supposed to have been used by the murderers, was hitched at the abandoned barn on the Powder Creek road and traced the horse and rig for five miles covering the same route as the dogs took when put on the trail. They would have found the robe had it not been picked up earlier by the boy, who had hidden it. They passed the school house, where the boy who found the lap robe was at school, and the children asked what they were looking for, but as Mr. Hare did not say, the children did not tell of the finding of the lap robe. Had they done so, no doubt the dogs would have made better headway.
     A double funeral was held this morning at St. Mary's Church, this city, and the remains of the two brothers were laid to rest in St. Mary's Cemetery.

North Vernon Plain Dealer - October 17, 1912, Page 1

McQuaid Murder Case Being Thoroughly Investigated

Arrests Can Be Looked For at Any Time Prosecutor Verbarg Is Leaving Nothing Undone In His Efforts to Find The Murderers.

     The past week the grand jury has been examining hundreds of our citizens in an effort to get sufficient facts on which to make an arrest of the guilty parties. We have been told from a reliable source that it is only a matter of time until arrests will be made. Much of the street corner talk of course can not be taken seriously as many prominent men have been mentioned as guilty of this murder. The officers are making all possible efforts to secure enough evidence so that when an arrest is made, there will be but little doubt as to the possibility of having secured the right man. No doubt the arrest will be made as soon as the grand jury adjourns, which it is thought will be in a few days.

North Vernon Plain Dealer -- October 24, 1912, Page 1

Three Men Under Arrest Charged With McQuaid Murder

Indictments Returned by Grand Jury Against Rufus Clark, James Tyler and Henry Romine.
     Never in the history of North Vernon has so much interest been taken in anything as taken in the hunt for the murderers of the McQuaid brothers. The first act was pulled off in this city last Thursday afternoon at 4:30 o'clock when Sheriff Donnell, Deputy Sheriff C. C. Jordan and Policeman Smith and Langneck, of this city arrested Rufus Clark, Henry Romine and James Tyler. Clark was arrested near the foot of the stairs leading to Clark & Son's real estate office on Madison Street; Romine on Fifth Street, near Thos. Romine's saloon, and Tyler on O.& M. Avenue, near Wood's saloon. The work was done smoothly and quickly. As soon as these men were arrested they were placed in two waiting automobiles and rushed to Seymour, where they were placed on a Pennsylvania train and taken to the Marion County Court House at Indianapolis, for safe keeping. The automobiles used were in charge of Jacob Frisz and Jim Hill, the latter driving J. D. Cone's car. The men were taken out of town because the feeling at the time, together with the excitement, might make it unsafe to confine them in the Jennings County jail.
     The arrest of Clark and Tyler did not come as a surprise to many about town as they had been men mentioned as having figured in the McQuaid case. Clark is well known in this city and over the county, being associated in the real estate business with his father. Whenever an extra policeman was needed, he has been placed on the force to help enforce the law. It is said, that a few weeks ago he and a friend beat a man severely at the B. & O. passenger station and only the interference of depot employes, saved the man. The next night he was on the police force. On Monday night, October 7th, Charles and John McQuaid were murdered and on Tuesday night, Oct. 8th, Clark was walking the streets of North Vernon in a policeman's uniform; on Thursday night, Oct. 17th, he was arrested by the men with whom he had served on the police force. It is said that several articles found near the murder were traced to Clark.
     Tyler is a farmer by birth and was a good hostler. As a side line he secured many odd jobs as an auctioneer and was well known throughout the county. Up to a year ago, he lived on a farm within a stones throw of the McQuaids and it is said he knew the country like a book. He was a big hearted fellow, liked his booze, often taking too much, but never getting into trouble with anyone. About a year ago, he moved to this city and at the time of his arrest was employed at Burke's livery barn.
     Almost everyone in the city was taken by surprise when it was learned Henry Romine had been taken into custody, in fact it had to be verified by one who saw the indictment. Mr. Romine has lived in this city for a number of years and as a business man, was held in high esteem. He was a veteran of the Civil War drawing a good pension and was pretty well thought of. He conducted a saloon in this city for a number of years and kept within the law at all times. Since his arrest it is said the holster found was borrowed from a second hand dealer in this city, by Romine, on Monday, October 7th, and was found early Tuesday October 8th, near the scene of the McQuaid murder. It is said, when confronted with the matter, claimed he did borrow the same holster but that it was stolen from his office in the central block, together with his revolver. For the past year Mr. Romine has been in the real estate business and acted on different occasions on the police force in in this city. He has been married twice and has a family by both wives.
     The trial of these men under indictment will come up at the December term of court.

North Vernon Plain Dealer - October 31, 1912

Tyler Makes Important Visit

WAS IN THIS COUNTY A SHORT TIME FRIDAY AND LED OFFICERS TO VALUABLE EVIDENCE

     A missing link was found Friday, which fits in the chain of evidence being secured by the authorities in the McQuaid murder case, which, it is believed will play a very important part in the scene, which is soon to follow. On last Friday morning, Sheriff John Donnell and Prosecutor Verbarg made a trip in Dill's automobile to Seymour, where they met John Corrigan, of the Indianapolis police force and J. Tyler, one of the men under arrest, charged with being implicated in the McQuaid murder. The party came within four miles of this city, where they went to the Andy Haley farm, on Two Mile Creek, and under the direction of James Tyler, were lead down the stream to the stream to a large Sycamore tree where he pointed to a hole in a large root stating, "That's the place Romine dropped the gun on Thursday afternoon, October 17th." Sheriff Donnell rolled up his sleeve, shoved his are arm into the hole which extended down into fourteen inches of water in the creek bed and came out with a large 41 caliber revolver. This caused rejoicing among the authorities, because Tyler had told the truth and because the bullet which killed Charles and John McQuaid, was of a 41 caliber, an odd size. Taking there facts into consideration they will play an important part in the trial. It is also rumored that Tyler disclosed other evidence to authorities.
     It is alleged that the day before the crime was committed, Romine borrowed a 41 caliber revolver and a holster from Frank Loscent of this city. After the murder Romine stated that the gun and holster had been stolen from his desk in his real estate office. It is known that on the afternoon of October 17th, the day James Tyler, Rufus Clark and Romine was arrested, that Romine went to Burke's livery barn and secured a rig and asked Tyler to accompany him to the Haley farm, four miles due west of this city, and help locate some corner stones. Romine said, "Jim you hitch up the horse and get me as I want to get my coat." On this visit Tyler claims Romine placed the gun under the Sycamore tree and to verify his statement returned to the place Friday and pointed out the exact spot where the gun was hidden. After finding of this gun loaned to Romine on Monday, October 6th, the day before the McQuaid murder. A picture of the Sycamore tree where the gun was can be seen at this office.
     Matters casting a bad reflection on Romine came to the eyes of the public Tuesday of this week when a woman known as Mrs. Coon, came to the authorities and asked for an order that she might go to Indianapolis and see Romine, claiming she was his wife. To bear out her statement it is said she had a marriage certificate showing that she and Romine had been married in Comal County, Texas, on June 11, 1912. It is also stated that Romine had made a request that an order be given his late wife, so she could visit him whenever she wanted to. Romine has a wife and six children in this city, the youngest being about four years old.
     Judge Willard New has been employed by James McQuaid brother of the murdered men, to assist Prosecutor Verbarg in the prosecution, and it is rumored that Seba Barnes, of Seymour, has been retained to defend Romine.

North Vernon Plain Dealer - December 12, 1912, Page 9

Murder Trial Called For Next Wednesday
     The Jennings County Circuit Court will convene, Monday, December 16th and as far as can be learned at present, the case of The State of Indiana, vs. James Tyler, Rufus Clark and Henry Romine for the murder of Charles and John McQuaid on the night of October 7th, will be called on Wednesday, December 18th, when the three prisoners will be brought to Vernon to be assigned and arrangements made for their trial. The court has not made any announcements as to who will assist Prosecutor Verbarg in the case. Atty. Seba Barnes, of Seymour, has been retained to defend Romine.

North Vernon Plain Dealer - December 19, 1912, Page 1

MURDER CASES VENUED TO BARTHOLOMEW COUNTY

Rufus Clark, Henry Romine and James Tyler Before Judge Craigmile Wednesday

TYLER TO BE TRIED HERE NEXT TERM

Court Appointed WM. Fitzgerald to Assist The Prosecution and John Clerkin to Defend Tyler

     J. Rufus Clark, Henry Romine and James Tyler, who have been in jail at Indianapolis since October, charged with the murder of Charles and John McQuaid who were murdered at their home about ten miles southwest of this city, on the evening of October 7th were brought to Vernon on the 10:20 train, Wednesday, in custody of Sheriff John Donnell, Sheriff elect. Clem Bridges, Lieutenant John Corrigan, of the Indianapolis police force, and a number of deputy sheriffs. To avoid the crowd that had collected at the depot at Vernon curious to get a glimpse of the prisoners, the prisoners, the men were taken from the train at the crossing below the depot, and taken straight to the court room, where they were arraigned before Judge Creigmile. Attorney Sebe Barnes, counsel for Clark and Romine immediately made a motion to quash the indictments, to aid in the prosecution. Tyler expressed a desire to be tried in this county, but the case will not come up this term.
     The men were taken away on the afternoon train. Clark and Romine were taken to Columbus and delivered into custody of the sheriff of Bartholomew County, and were placed in jail there to await the March term of court. Tyler was taken to Indianapolis for safe keeping until his case is called for trial. Tyler's attorney, John Clerkin, has stated that the case will most likely be called in the March term of Jennings County Court.

North Vernon Plain Dealer - December 26, 1912, Page 1

MURDER TRIALS SET FOR FIRST MONDAY IN FEB.
     Judge Hugh Wickens, of the Bartholomew Circuit Court, has set the trials of J. Rufus Clark and Henry Romine charged with the murder of the McQuaid brothers, to be called the first Monday in February.

North Vernon Republican - January 23, 1913

ANOTHER CLUE IN MCQUAID CASE

Black Mask Picked Up Near Where Lap Robe Was Found

     While David Watts and John Hawkins were out hunting several days ago, in the neighborhood of the McQuaid place, where occurred the double murder for which Romine, Clark and Tyler are awaiting trial, one of them lost his handerchief, and in the search for it, found a mask which was evidently worn by one of the assailants of the McQuaid brothers. Watts is the father of the boy who found the lap-robe.
     The mask is made of black sateen, a part of an old shirt, with a string made of bed ticking. It is about fifteen inches square, large enough to completely cover a man's face and neck, and has three holes cut in it, two for he eyes and one for the mouth. The mask was delivered to the Prosecutor Joe Verbarg, and is now in his keeping. Whether he will be able to trace its former possession to either of the men accused of the crime is doubtful. It was found in a sassafras thicket, at the side of the road which leads from McQuaid's to the gravel pike, not far from where the lap robe was found soon after the murder, and has every indication of having lain there, exposed to the weather ever since. During the week after the murder, a similar mask, badly torn, but made of the same materials, was found close to the McQuaid house.

North Vernon Republican - February 6, 1913, Page 1

ROMINE JURY SELECTED MONDAY

Witnesses for Defense Excused Until Thursday
     Columbus, Ind., Feb. 3-The first day of the trial of the state against Henry Romine, of North Vernon, charged with the murder of Charles McQuaid, of Jennings county, on the night of October 7th, which was begun int the Bartholomew Circuit Court today, was taken up in getting a trial jury. Forty-five from a special venire of fifty were excused because they expressed conscientious scruples against capital punishment, and others were called.
     The chief question asked by attorneys for the defense was whether or not the prospective juror could presume the defendant innocent until he was proven guilty, notwithstanding the fact that the defendant had already been indicted by the grand jury.
     A jury was made up of the following men, just before court adjourned this afternoon: Smith Carmichael, Daniel Walker, August Meyer, John O. Henry, Sherman Blime, James Sparks, Enoch Magaw, Clayton Moore, Mack Neptune, Charles Tuttle, David Bard and Henry Krause.
     All witnesses for the defense were excused until Thursday morning.

North Vernon Republican - February 6, 1913, Page 2

TYLER TESTIFIES AGAINST ROMINE

Reveals Scheme to Rob the McQuaid Brothers.
     In the list of Jurors for the Romine trial, given on our first page, one change has been made. Owing to the sudden illness of August Meyers, after the jury dad been sworn in, he was excused, and after the examination of many men, another juror was selected, in the person of J. B. Morrison.
     When the jury was sworn in the second time, Prosecutor Verbarg opened the case for the State by outlining the evidence which the state would introduce.

TELLS OF PLOT
     He said the the evidence would show that James Tyler, one of the accused, men said to J. Rufus Clark, another of the accused men that the McQuaid brothers had a large amount of money concealed in their home which would be easy to get by two or three game men, whereupon Clark became intensely interested and replied that he was hard up and game to go and get it, adding that he had a partner who was game.
     He said evidence would show that Romine later talked to Tyler about the matter and asked for full details, and that later the three men held joint conversations about the matter and planned to get the money.
     The prosecutor said evidence would further show that Frank Loscent a second hand dealer of North Vernon, had loaned a revolver, holster and belt to Romine a short time before the murder, and that after the murder, Romine reported to him that the articles had been stolen from his room, but asked him to say nothing about it to anyone.

ATTACKS HIS CHARACTER
     Prosecutor Verbarg attacked the defendant's character saying the evidence would show that at the age of 38, he married Rosa Lee, a seventeen year old girl, while his first wife was in an insane hospital, and after six children had been born to the union he abandoned the wife and children, taking up with a married woman, with whom he later lived without a marriage.
     On Wednesday afternoon James Tyler, a co-defendant in the murder charge, was placed in the witness stand.

TYLERS TESTIMONY
     James Tyler is a large man, 59 years of age. Tyler said he had a family of a wife and two children. He said he was an auctioneer. He had lived on the Woodard farm. He was acquainted with Henry Romine and with Rufus Clark. He had a talk with Rufus Clark about McQuaids in front of Clark's office.
     The witness said he himself told Rufus Clark he knew of two old fellows who had money. Clark said: "I'm game, and I know of another old comrade as game as I am." At another time Romine asked how many were in the McQuaid family and said that they did no banking.
     Romine approached him still at another time, he said, and declared he needed money. He said Romine told him he (Romine) and Clark were going down to see those old fellows. At another time Romine told him of being in the McQuaid neighborhood and said he was just reconnoitering. Tyler said he had talked with Romine three or four times about the McQuaids and their money. He remembered when they were murdered.
     On October 7th, witness said he was in Romine's office, Rufus Clark came in and remained as he started out. He saw neither man any more on that day, nor on that night, he insisted. He talked about a farm Hally wanted to sell. He talked with Clark on Friday morning after the murder. Clark said: I'm nearly all in." Had clothes on and said he worked all night. The witness asked him if he had heard of the murder. He said "no, but I expect to be arrested. It seems like they are trying to lay it on to me."
     Tyler told the jury that he went with Romine when the latter hid the revolver that he had borrowed from Frank Loscent, of North Vernon. He related how he afterward returned to North Vernon with the officers, went to the hiding place and showed them where to find the weapon, which they did.
     After Clark, Romine and Tyler were arrested they were taken to Seymour and placed in jail there about two hours. Tyler said during the time they were in jail Romine and Clark admitted the murder and said they must all stand together and not tell anything.

North Vernon Plain Dealer - February 13, 1913, Page 1

HENRY ROMINE TAKES WITNESS STAND

TELLS ON WITNESS STAND THAT HE LIVED WITH ROSA LEE PAID HER BILLS, BUT NEVER WAS MARRIED TO HER

It Was Shown Five Children Were Born to Rosa Lee and Henry Romine

     On Wednesday afternoon at 1:15 the defense in the Romine murder trial decided to place the accused, Henry Romine on the witness stand in his own behalf. Romine gave the history of his early life, stated he was 66 years old, had served in the army, worked at various trades. It was shown he was married in early life, that three sons and one daughter were born to this union. Six months after their last child was born Mrs. Romine was taken to an insane asylum. Soon after Romine secured Rosa Lee a girl 17 years old, who with her eight months old son, came to keep house for him and take care of the children and that they occupied separate rooms. About this time Romine thought best to leave their Ohio home and hunt a new location where people did not know that this housekeeper was any other than his wife. He stated those thoughts were prompted by a desire to get away from Zanesville, because the people might talk about him and this woman living in the same house. They came to North Vernon about 26 years ago. On arriving in North Vernon it was learned that Romine and Rosa Lee, his housekeeper, "became" more intimate and lived the same as husband and wife. Romine stated these facts on the witness stand. At 4:50 court adjourned.

Saturday Afternoon
     Wm. Nauer was called Saturday but his testimony brought out no new points. Dr. Stemm's evidence brought no new evidence. Wm. Ransdall testified that it was his opinion the telephone wires leading to the McQuaid home were not cut with plyers like Tyler's but the wires were cut with jaw cutting plyers. John Wetzel bartender at Cook's saloon testified that he heard Romine say to Clark, "Rufe, you had better be careful, I hear they suspect you of being implicated in the McQuaid murder. John Schierling testified that at the time of the murder Romine owed him about $80 for groceries. Robert Wrape said Romine owed him about $26 for groceries. Charles Schierling testified that at the time of the murder Romine owed him $21.85. George King, a baker, testified that he had seen Clark at about 2 o'clock on Tuesday morning Oct. 8th, in Verbarg's restaurant and that he had a skinned nose. The state rested its testimony Monday at noon.

Defense Begins Case Monday
     Attorney Barnes placed the defendant's side of the case before the jury. Attorney Barnes said Henry Romine was born in Ohio and is 66 years old at present. In Ohio he enlisted in the volunteers and went to the front. After some years of service he was sent into Texas. He was discharged in 1865. Henry Romine was married and his wife afterward went insane and died ten years ago. He was left with children but could not remarry, so he found one who would care for his motherless children. When this woman came to live and keep house for him there was no pretense of any thing more than of man and servant. Later their relations became more intimate, so they sought a new home, where they would not be ridiculed on account of their relations. Hence they came on to North Vernon and established a home and lived as husband and wife. Romine had been engaged in the saloon business at North Vernon. The evidence will show that Romine operated a lawful saloon at all times. Barnes said he was always respectful, law abiding and peaceful. He was an honest man, the attorney declared. There was never any question of his character until the present trouble came up.
     "Romine lived with his common law wife until four or five years ago. For some reason they became estranged. Ten years ago when his legal wife died in Ohio, he attempted to legalize his marriage with his common law wife, but she refused. Then he met another woman in Texas and married her.
     "Some time ago Romine formed a partnership in the real estate business with a Mr. Lindsay, and the firm had dealings with Clark, Henry Romine was never the boon companion of Rufus Clark. If Clark had a boon companion it was James Tyler. Not long before the murder, we will admit that Henry Romine was poor but he has always been an industrious man. He secured a position as special policeman and then it was that he borrowed the revolver from Frank Loscent. Now, gentleman, a policeman must have all kinds of weapons, including brass buttons, and Romine was like the rest of them. Romine took all of these weapons to a little trunk in his real estate office to leave them until he needed them. Romine had a small revolver and a gun case and a shot gun in the room. He left them all there and on the morning when he returned to the office he found the office door ajar and went in and searched, but the revolver, belt and holster were all gone. Romine went to Loscent and told him of the theft. He did not know yet that a holster, robe or masks had been found. They said nothing about robbery because they wished to catch the thieves.
     "But on the Monday night of the murder Romine lived at the hotel. The evidence will show that he went to bed that night when the curfew whistle blew, about 9 o'clock. It will be shown that at this time Romine was suffering with stomach cramps and that he took a small dose of liquor before he retired."
     He said William Shepherd would testify that Romine came into the hotel and retired in his usual way. Romine was seen early the next morning wearing the same clothing he wore the night before the murder, and that there was no signs of blood or of scuffling about his person. The evidence will show that every place was searched and nothing of suspicious nature was found belonging to Henry Romine. The defense intimated that Romine would be placed on the stand and tell his own story.
     Attorney Barnes said it would be shown that Romine was in the habit of rising early and taking a walk in order to get relief from his stomach cramp and that would account for Romine's early appearance the morning after the murder.
     Fred Fetter, A. A. Tripp, Dr. D. H. Stemm, Fred Smith, John Hutton, all testified that Romine's reputation for peace and honesty was good. Harry and Wm. Woodson, Daniel Dodd and John Kelach testified that Romine's reputation for honesty was bad. Platt White testified that Romines reputation for morality in North Vernon was good. Maurice Wilday, George Van Arnum, Charles Woodard, Frank McKinsey, all testified that Romine's character for peace and honesty was good. A number of other witness testified to Romine's character as to peace and honesty.

Wednesday
     On Wednesday morning Mrs. Rufus Clark was placed on the witness stand by the defense and told of her coming to town on Monday night, Oct. 7th the places she had visited and in many ways told the same story she did before the Grand Jury, but in some instances she denied what she has told the Grand Jury. She stated that Rufus Clark, her husband, had skinned his nose on a gate. She also stated that her husband had not worn a black shirt since coming to North Vernon. She stated that one time Rafe had owned a blue cap, but that it had been burned with other rubbish. Upon cross examination by the State but little new evidence developed. Mrs. Clark was on the witness stand until almost noon.
     Flossie Clark, 17 years old daughter of Rufus Clark, was on the stand for several hours. Almost all of her evidence conflicted with that which she gave before the Grand Jury in October. She could remember nothing except where she was on October 7th, both morning and evening. Her memory both before and after that date was very bad.
     Thomas Romine, son of Henry Romine, was placed on the stand about three o'clock. He gave a short history of his father's life, including the relations between Romine and Rosa Lee from the time she became his housekeeper to the present date. Facts being known to him ever since he lived in North Vernon some twenty years. During this time he had never told anyone that he knew his father and the Lee woman were not married. On being cross examined by the state, he told the same story. He also told that he knew his father was spending a great deal of his time on his farm west of North Vernon, with his tenant John Coon and his wife. It also developed that Mrs. Coon secured a divorce from her husband and in June of last year married Romine, in Texas. He also testified that the Lee woman had told him she was not married to Romine.
     Henry Romine was placed on the stand at 1:15. He gave a brief history of his life, including his marriage relations with the Lee woman and marriage to the Coon woman. At 1:45 court adjourned until nine o'clock Thursday morning.

Continued here on Page 3 of same paper.

Frank Loscent
     Frank Loscent was the first witness called by the state. He operates a second hand store, he said, and handles a general line of goods, including guns.
     He said he knew Romine for several years. He said a short time before the murder Henry Romine came to him and asked to borrow a revolver, saying that he had secured a position on the police force and would need it. One day he took a revolver over to his saloon and at that place delivered it over to Henry Romine. The gun was loaded with about five shells. The gun was a 41 caliber and used longs and shorts.
     After delivering the gun he next saw Romine on Tuesday after the murder, in his saloon, in the evening. The witness did not remember the conversation they had Romine came in his saloon again the next day. The next day he saw Romine in the back room and Romine said "I have something to tell you if you do not reveal it to soul on earth" he then said someone had entered his office and stolen the revolver, the holster and two shifts. The witness saw Romine after the gun, holster, cap and lap robe had been placed on exhibition in Tripp's show window.
     Loscent identified the revolver and holster when shown him in court this afternoon, as the same that he loaned to Romine. He said the same revolver and holster were shown to him after they had been found, subsequent to the murder and he had identified them then as the articles he had loaned to Romine.

Attach Guilt to Tyler
     It is evident that the defense will attempt to place the guilt of the murder on James Tyler, and they will try to clear Romine, and perhaps Clark. The defense places much emphasis on the allegation that the print of a man's bloody hand was found on the weather boarding of the McQuaid house and that the hand print showed one finger gone. Inasmuch as Tyler has a part of one finger missing from his right hand the defense will make an effort to attach the guilt to him. It is claimed however that, notwithstanding Tyler's guilt or innocence, the so called hand prints were only paint smears.
     Late Wednesday evening during a brief intermission, James Tyler stepped from the witness stand and shook hands with Henry Romine, the defendant, and the man whom his testimony would most injure. The greeting though brief, was cordial and the two men met as though it were any other place than before the bar of the Bartholomew Circuit Court, where each faced a charge of murder in the first degree.

James Tyler Again
     While waiting for the arrival of James Tyler from Indianapolis, F. F. Johnson was placed on the stand this morning. He identified that he found the cap, identified as belonging to Rufus Clark. When shown the cap in court he said he thought it was the same cap he had found.      In the mean time Tyler arrived and was placed on the stand for cross examination. The question of the notes Tyler wrote to Clark was again taken up. Tyler wrote in the notes telling Clark to get a certain pair of wire pliers out of the way. He admitted that he had a pair of pliers which Sheriff Donnell secured. Tyler said he was at the livery stable in North Vernon on the night of the murder. He was questioned closely about what he did on that night. Tyler named various places he visited. Late at night he met a stranger and held a conversation with him about mules. About 10:30 o'clock that night he went home, he said, and he remained there all night.
     Tyler admitted that he made a affidavit that he was poor and without property and that the Jennings county court had appointed an attorney to defend him. The defense attempted to show that this condition would probably be a cause for the robbery and murder. Tyler further explained that he had had his case laid over in Jennings county because he wished more time to prepare evidence, and that he would be tried there when he was tried.
     Tyler formerly lived on the Woodard place, where the murderers were supposed to have tied their horses on the night of the murder. He had known the McQuaids, also Romine for several years. He had not known Clark so long. He was questioned at length about the cap Clark wore, and which he identified in court. He rehearsed the story of the talk with Clark and Romine about the McQuaids' money.
     The witness rehearsed all the story about the visit to the Haley farm, hiding the revolver, and also the conversation while in the Seymour Jail. The same substance we retold as has heretofore been related; that Clark and Romine there admitted that "they did it" presuming to mean the killing of the McQuaids. No variation was made in the story and no new points were brought out. The witness was on the stand practically all morning and his cross examination was concluded at 11:50 o'clock.

Alvin Spencer Called
     Alvin Spencer was called to testify after James Tyler left the stand. While getting a bucket of water at a spring near his home late on the night of the murder he heard a buggy, which seemed to have steel tires by its sound, come down the road at a rapid rate and he heard someone say "it was an awful dark night". Nothing was developed on cross examination.

Wednesday Afternoon
     Tyler said he saw Romine again before he was arrested, at the livery stable. Romine asked the price of a rig to the Haley farm, saying he wanted to look at the timber there, as he had a buyer for it. He also asked about the boundary lines of the farm on the Monday morning before the murder. Tyler and Romine made the trip. Romine told of a gun he had borrowed from Frank Loscent. Romine said Loscent had identified it and he was afraid it would get him (Romine) into trouble. The witness said Romine was very nervous. As they drove along he threw cartridges behind him into the briars of the woods. They drove along and Romine wished to go by an old well. Informed that he could not by Tyler, he next asked if there was a well on the Haley farm. They entered the woods on the Haley farm and there was a branch running through the woods. Romine was on the west side of the branch, Tyler was on the east side of it, Tyler saw Romine pass a sycamore stump on the branch bank. He took something out of his overcoat pocket and stuck it under the stump.
     Since that day he went back there with Sheriff Donnell and Lieut. Corrigan and they found the revolver under the stump. The state attorneys then produced the revolver, all covered with rust and Tyler identified the gun in court. The gun with one cartridge was then turned over to the court stenographer. Tyler said he was arrested when he got back home from the trip. Rufas Clark and Romine were both arrested and all three were taken to Seymour and placed in jail there. They were all in the same cell. At that place Rufus Clark said "Well, they've got Jim for the same thing they got us." They told Tyler to stand pat with them, that they couldn't convict them, and that it was the thing to do. Romine said Yes, we done it, and that's the thing to do, stand pat."
     Notes from Clark to Tyler, while he was in the Marion county yard, were produced and identified. The cap which was found and exhibited in court was identified by the witness as the one worn by Rufus Clark. The testimony of the witness was very strong for the state.

Tyler Cross Examined
     In a scathing examination attorney Barnes questioned the witness about his knowledge of Rufus Clark's hand-writing. Clark wrote Tyler notes while in jail at Indianapolis. The notes were turned over to Lieut. Corrigan. He said he wrote a reply to Clark. He was asked if he had it and he said he had and was ordered to produce it. It was produced and handed to court reporter and marked defendant's exhibit A. In a few days re received a second note from Clark. He replied to second note. He had a copy of his reply and produced it. The second reply was marked exhibit C. In a few more days he wrote a third reply. It was produced and marked exhibit D. He received no other communication from Clark.
     In Tyler's first reply he said Sheriff Donnell talked about the conversation in the Seymour jail. He said he told Donnell very little because he didn't want to tell anything. What he told was the talk about "standing pat." The witness was asked if one finger was missing from his right hand. He held his hand up and showed part of third finger missing.
     Examination of defendant's Exhibit A was resumed. In his letter to Clark Tyler stated that he thought there was a bull moose listening to their talks in the cells. The letter went on "Rufe, Donnell told me about your horse and buggy and said the track corresponded to your horses track. Now, Rufe, you know I am and old stand patter" When questioned, Tyler meant "stand-pat" to mean to tell the truth. He wrote the letter four days after he had told the story to Donnell and Verbarg. The witness said he thought Clark and Romine were implicated in the murder of the McQaids. "Destroy this letter as soon as you can," the letter said, for I think they are watching us," Attorney Barnes attempted to impeach the witness by asking if the hand print of the witness was not found on the weather boarding of the McQuaid house. Witness said he did not know it, that no one knew it, and that God knew it was not there. Attorney Barnes was very insistent in his effort to impeach the witness, by charging former crimes, and he took a standing position to which the counsel for the state objected. Judge Wickens sustained the objection and ordered Attorney Barnes to sit down.

Roy Swarthout Called
     Roy Swarthout was the first new witness called Friday afternoon. He said he lived near the McQuiad home and was acquainted with the neighborhood and with the circumstances of the killing. He saw where the horse of the murderers had been hitched and the horse track had started south from the old Woodard house.
     The witness are then turned over to the attorney for the defense. The cross examination developed no new points.

Jim Marsh Called
     Jim Marsh was the next witness called. He said he was at his home when he heard of the murder of the McQuaids. He was informed of the crime by Web Spence. He said he had known the murdered brothers all his life, and it was generally thought in the neighborhood that they kept money about the house. On the morning after the murder he noticed a fresh vehicle track turning out of a road from the old Woodard house, and only one horse track showed.

Donnell Cross Examined
     The witness said he saw Romine and Clark sitting on the stairway which led to Clark's office one night talking about the murder. At another time he asked Romine and catch the murderers and get the reward. He said Romine did not say very much.

E. T. Lindsay Called
     E. T. Lindsay, of Indianapolis, but a resident of North Vernon at the time of the murder, was called to the witness stand. He said he had been in real estate business at North Vernon and that Henry Romine occupied the office with him. Both of them had keys to the office. He said they had the usual office furniture and one room called the coal room, with no window. He said kept a trunk in the coal room, and some kind of gun hanging on the wall. He had never seen a revolver or holster or belt in the room. He said they had not listed the Andrew Haley farm for sale, but said they were partners. He said it was their custom to require a signed contract for the sale of real estate and that Andrew Haley had signed no such contract, but that Romine might have had farms listed before the parternership.
     The witness said he heard of the murder when he went to his office the morning after the murder. There he found Henry Romine asked him if he had heard of the murder. Romine said he had and that the murder was terrible. Romine soon left the office. He saw him several times after that before his arrest. The witness said Romine had said nothing to him about having anything stolen from the office, such as the revolver and holster.
     On cross examination the witness said he and Romine did not invariably require a signed contract from customers whom they thought were good.

J. Cook Called
     Jay Cook, hotel keeper and saloon keeper, of North Vernon, was the next witness call and he said he saw James Tyler and Rufus Clark in his saloon at various times prior to the murder. He heard Tyler and Clark talking one time in his saloon, in July, he said. Tyler said: "I know where there are two or three thousand dollars which can be got mighty easy and that the McQuaid brothers have it. They do no banking." The witness said he knew of the circumstances of the murder. He saw Clark after the murder. Clark was coming out of the post-office and had an injury on his nose. Clark came to his saloon the day of the funeral. Barnes, for the defense, objected to further conversation held with Clark and the objection was sustained. The witness went on and said that Clark had his nose skinned, but he noticed no other injury on him. The cap which had been found was produced in court and the witness said he had seen Clark wear a cap very similar to it, and perhaps the same cap.
     On cross examination the witness said he had noticed the cap that Clark wore particularly because it was odd and out of keeping with the other clothes that Clark wore. The witness said he had known Tyler for some time and that he and Clark both came into his saloon frequently. The witness had never seen Romine and Clark in the saloon together. The story of the money was rehearsed again and the witness said Clark told Tyler that "he was game and would go with him and help get the money."

Ed Burke on Stand
     Ed Burk said he had lived in Jennings county for 30 years and was engaged in the livery business in North Vernon. He said he saw Henry Romine on the day he was arrested. On that day Romine asked for a rig, saying he and Jim Tyler wanted to go to the Haley farm. He had the rig driven to Romine's house, where Romine went to get his overcoat. He next saw them when they returned about 4 o'clock.
     On cross examination the same story was retold and the defense developed the point that Romine had entered his stable by the front entrance and had not sneaked in.

P. C. McGinty
     P. C. McGinty, a North Vernon lumber dealer, was called to the stand and said he saw Romine when he asked for a rig to go to the Haley farm. He also saw Romine after he returned from the farm. He said the road to the Haley farm would lead by the house where Rufus Clark lived at the time of the murder.
     The cross examination of the witness did not develop any new points.

William Shuman
     William Shuman, a veterinary surgeon, of North Vernon, was placed on the witness stand, and said he saw Henry Romine on the day he went to the Haley farm after the murder. No points were brought out from this witness, in either the direct or cross examination.
     Joseph Verbarg, prosecutor of Jennings county, told of finding the bullet in the window sill, which he had retained, and produced in court, and said it weighed 192 grains. The witness said he was present when the autopsy was held on John McQuaid, and received the bullet that had been found in his body. "He said the bullet there found weighed 137 gtains. The witness also identified the revolver, the cap, lap robe and masks, and told from whom he had received each. The witness said he had known Romine about fifteen years. He had summoned Romine before the grand jury, and he appeared there twice.

Verbarg Cross Examined
     The witness did not know whether or not Romine was drinking when he appeared before the grand jury. The witness said he remained so short a time at the McQuaid home on his first visit because he wished to place home business before the grand jury then in session at Vernon. The state objected to the defense asking about provisions to place blood hounds on the trail and the objection was sustained.. The defense questioned the weighing of the bullets. The witness identified the revolver and substantiated this claim that it was a .41 caliber by finding the fact printed on the side of the barrel.

Edward Phipps
     Edward Phipps, of Indianapolis, a dealer in all kinds of fire arms, was placed on the stand and was shown the revolver which had heretofore been shown in court and said it was a .41 calibre, Colt's revolver. He explained that a .41 calibre meant that the diameter of the cartridge opening was .41 calibre cartridge, short, before it was fired, 132 grains. A long of the same kind would weigh from 192 to 200 grains. He was shown the bullet found in the body of John McQuaid and said it was a .41 calibre long.
     Court adjourned at 12 o'clock, noon, Friday, before the completion of the testimony of Edward Phipps.

Thursday Afternoon
     The further testimony of Frank Loscent revealed that he had testified as a witness before the grand jury at North Vernon on October 14. He said he saw Romine some time before he went before the grand jury and Romine talked to him and said something about it looking peculiar to him about the gun being stolen and said he did not know what he would do if he were connected with the murder, as he had no money and no one to help him. Then, he said, Romine broke down and cried. Loscent said that Romine asked him a little later what had been done in the session of the grand jury. Loscent said he told Romine that he had been sworn and that he could not talk about it.
     At this point the revolver holster which had been found was produced and exhibited to the witness who identified it as the one he had loaned to Romine on the night before the murder. Then the big rusty revolver was handed to Loscent and he also identified it as the one he had loaned to Romine along with the holster, before the killing. The witness said that after loaning the revolver and holster to Romine he next saw it after it had been found and turned over to Prosecutor Verbarg and Sheriff John Donnell, the latter of whom brought it to him. This concluded the evidence of the witness and he was passed over to the defense to be cross examined.
     On cross examination Loscent was questioned at length about loaning the gun and about the cartridges the gun used and the size and all, but nothing of importance was added to the testimony already given. The witness was not very free in his answers to either side, and many things he did not remember.

Edward Watts
     Edward Watts, age 10 years, was next called to the stand. He was the youngest witness so far called by the state. He was a brave little boy and said that on the morning, after the murder, when he was going to school, he found a lap robe. When found, one end of the robe was lying on a culvert and the other end of the robe was in the dust of the road. The robe was produced in court and examined by the young witness, who said it was the one he had found. At this point the little witness was overcome with emotion and it required the immediate services of his mamma to wipe the tears away. But, like a little man, he soon recovered and went on with his testimony, and said he hid it that morning and at night, as he went home, he took the lap robe with him and gave it to his papa. He was then cross examined, when the only point out was that Eddie could read and do figures, but that he would rather go to school than go to court.

William Watts
     William Watts, father of Eddie, was then called to the witness chair. His testimony corroborated the finding of the lap robe by his son on the morning following the murder. He inspected the lap robe in court and identified it as the one his son had found on the way to school. The witness testified that he turned the robe over to the sheriff and the coroner. He next saw the robe when it was placed on exhibition. He attended the McQuaid funeral on October 10. On the way there he found a bundle of rags hanging to a sassafras brush. The bundle contained a red handkerchief, two black cloths, bed ticking and strings. The rags were bloody and had holes cut for eyes and mouth. The red and black rags were produced in court and the weird, mask-like affairs were identified by the witness as the ones he found on October 10. Blood stains on the red handkerchief were observed by the witness. The witness said he later found another similar bundle in the bushes along Powder creek, whither he had gone to examine some traps he had set there.

John Donnell
     John Donnell, who was sheriff of Jennings county when the McQuaid murder took place, testified that William Watts had turned the lap robe which his son had found over to him. The witness saw Henry Romine at the Tripp window when the articles were on exhibition there. The witness said he made the arrest of Henry Romine, together with Clark and Tyler, and took all three to Seymour. Later, the witness said, he had gone to the Haley farm with James Tyler and Lieut. Corrigan, and that they had found a revolver under a sycamore stump, which stood on the bank of Powder Creek. The revolver was produced in court and Donnell identified it as the one found under the stump.

Martin L. Clark
     The next witness called was Martin L. Clark, father of Rufus Clark. He said he was in the real estate business in North Vernon for about 10 years. He said his son's name was James Rufus Clark. The witness said on the night of October 7, he had turned his horse and buggy over to his son and that the lap robe was in the buggy. It was after sundown when he turned the rig over to his son. He next saw a robe which looked like his in Tripp's window and also in the grand jury room. He heard of the McQuaid murder the next morning after it happened while on his way to his office on October 8. He saw the lap robe in Tripp's window the next morning after it was placed there, and he inspected it there. He was then handed the robe in court and Mr. Clark said that it was a lap robe. He examined it very closely and then said: "I won't say positively that this is my lap robe." The witness then said that he had appeared before the grand jury twice, first in the morning that he also went back voluntarily in the afternoon. The state then asked: 'Did you not say on the afternoon of October 14, that "I came back to confess That lap robe is mine. I saw that robe in the window. I have not slept since about it."
     The witness said: "No."
     Attorney Fitzgerald quoted the witness' testimony before the grand jury but the witness would not admit that he said all of the quoted words to the grand jury.
     "Rufe came to me after I first attended the grand jury and said: 'Pa, I haven't told you about it, but someone stole that robe out of my buggy, and I'm afraid it will get us into trouble."
     In the cross examination the witness said he had since made inquiries about the robe and he had arrived at the conclusion that the robe was not the one he owned. His lap robe, he said, had cost $11 and was larger than the one found and had a different lining. The witness said his horse was 6 years old and had a blazed face.
     "How did you happen to turn your horse over to Rufus that evening?"
     "Because he had grass out there and I did not need the rig."
     "Did Rufe's family come to town that Monday night?"
     "I do not know."
     "You had often turned the rig over to him."
     "Yes, sir."

Mrs. Henry Romine
     The next witness called by the state was Mrs. Henry Romine. A woman who was sitting just outside the rail went to the stand and took the chair. Attorney Fitzgerald, for the state, looked at her for a moment and said: "You are not the one we want."
     "Well, "I'm Mrs. Henry Romine," she retorted.
     "There are so many of you it is a hard matter to keep track of you," said the attorney, and a titter ran around the court room.
     Another woman who said she was Mrs. Henry Romine came to the stand after the other woman had returned to her seat. The first woman was formerly Mrs. John Coon and is said to have married Romine in Texas. The woman who was finally accepted as the Mrs. Romine wanted is the mother of seven of Romine's children, five of whom are living.
     The witness said she and Romine were married at Jamestown, O., about twenty-four years ago, and that seven children were born to them, and that five were still alive, the youngest being now five years old. She said she lives at North Vernon and that he oldest sons provide for her' She told about when she lived on Hoosier street, in North Vernon, and when Romine lived on a farm and that his visits were not frequent. She related how he left and went to Texas and told about his return. She saw Romine after the murder, when he came to her house, but he said nothing about it, nor did she, but he appeared nervous, she said. When Romine came to her home after the murder he made trips to the garrett but she saw him carry nothing upstairs or down. On the occasion when Romine talked with Clark she told him that they didn't need the house watched. Romine replied: "I'm not watching the house; I had business with Clark." The witness said she remembered that Romine was at her house on the morning of his arrest, and he went to the attic again on that occasion. When asked about paying a grocery bell she said Romine told her he had no money but soon would have.
     On cross examination the witness said that she never saw any of the money Romine earned from his real estate sales. The witness said she could not hear what Clark and Romine were talking about from of her house, but said they appeared very suspicious. The defense asked the witness if Henry Romine was not at her house at 8 o'clock on the night of the murder and she admitted that Romine call to see how she was, but said she did not send for him. On the morning after the murder he called again. She said she never talked very much with Romine when he came. She said she had been estranged from him for four or five years and admitted her feelings for him at this time were not the most friendly. Attorney Barnes rehearsed her life story and learned that her maiden name was Rosie Lee and developed the fact that she had formerly been married to Charles Russell, from whom she separated after three months. She was married again said her second husband had died. She said Henry Romine had courted her only a few weeks before they were married. She said that Perley Romine was not the son of Henry Romine, but that his father was one of her former husbands. She said she never had a marriage certificate and the defense attempted to show that she was never married to Henry Romine, but that he secured her from an infirmary in Ohio to care for and rear his young children. She said it was not true, and maintained that they were married.
     The prosecution then took up (Continued on page 2) the examination of the witness again and stated that it wanted to get "some truth" from the tangle. The witness still held to her story when further questioned by both sides.

Various Witnesses
     John Strickland, a stock dealer, of North Vernon, told of seeing Rufe Clark's nose and face skinned on the day after the murder.
     Van Randall, a salesman for Tripp Bro. hardware, said he had a conversation with Henry Romine prior to the murder and that Romine want to buy a flash light. On cross examination it developed that Romine wanted the flash light for police duty.
     Mike, Langneck, special policeman at North Vernon, was on duty at that place, on the night of October 7. He knew Henry Romine and said he saw him on the morning of October 8, at about 4:35 o'clock. He was going south on Walnut street.
     "Good morning, comrad," the patrolman said, "did you hear about the murder last night?" He said Romine seemed to be in misery and had his hands up in front of his stomach. Romine answered that he already heard.
     The witness was cross examined and it was developed that Romine was suffering when he was seen by the witness early on the morning of October 8, and that he said he would probably have to see a doctor.

Perley Romine
     Perley Romine son of the defendant, was called to the witness stand. He said he lived in North Vernon near Burks livery stable. He heard about the McQuaid murder on the morning of October 8. His father came into Cook's saloon, where he tended bar, on that morning and asked for a drink. The witness asked his father if he had heard of the murder. The witness said he had testified before the grand jury and afterward he saw his father. His father asked him if anything had been said at the grand jury about him. The witness said he told his father that Rufe Clark was one of the suspects and that he had a scratch on his nose.

North Vernon Republican - February 13, 1913, Page 2

ROMINE TAKES WITNESS STAND
Defense Tries To Prove Alibi, Clark's Wife Testifies. Romine Began His Story Yesterday

     Tn the trial of Henry Romine at Columbus, the state closed its case at noon Monday, by presenting for inspection and examination articles offered in evidence. They are thirteen in number and include the revolver with which the McQuaid is alleged to have been murdered and a mace with which Charles McQuaid is alleged to have beaten over the head.
     Attorney Seba Barnes made an opening statement for the defense, Monday afternoon. In his statement the attorney admitted that the defendant had lived for twenty years or so without a marriage with Rosa Lee, but said that his first wife died in an insane asylum, ten years ago, he sought marriage with the Lee woman, so that their six children might be legalized, but that she would not consent.
     He said that the evidence would show that the defendant is an honorable and peaceable man; that he was seen on the streets of North Vernon at 9:15 o'clock on the night of the murder by an acquaintance, who proposed that they do to a saloon and get a "night cap," which they did.
     On leaving the saloon he said the defendant went to his hotel, remained in the office some time then retired to his room.
     Between midnight and morning he was attacked with cramps, in the hope of relief from which he took a walk in the early morning.
     The attorney said that the evidence would further show that James Tyler had for two years planned and conspired to rob the McQuaid brothers and that if either of the three defendants was guilty of their murder, it was him. "Liar," "loafer," "perjurer," and "black-hearted villain," are some of the epithets which Barnes applied to Tyler.
     The first witness called by the defense testified to the good reputation for truth and veracity and peace and quietude of the defendant and to the bad reputation of James Tyler for these qualities in the neighborhood in which they reside.
     Mrs. Minnie Clarke, wife of J. Rufus Clarke, one of the three men charged with the murder of the McQuaid brothers, testified for the defense and so far as her testimony is concerned establishing an alibi for Clark. His 17-year-old daughter, Flossie, did the same.
     Both witnesses testified that Clarke retired at about 11 o'clock on the night of the murder and got up at about 5 o'clock the following morning. The wife testified that she slept beside him throughout the night. Both witnesses also testified that the laprobe which was found on the day following the murder and which was offered as evidence was not the one which was lost from a carriage owned by Myron Clarke, father of J. Rufus Clark, on the night of the murder.
     The daughter was on the stand for three hours and was severely grilled by William Fitzgerald of North Vernon, who conducted the cross-examination for the state, yet she withstood the trying ordeal remarkably well and her direct testimony was little shaken.
     Wednesday afternoon, Romine took the witness stand, and in a voice clear, firm and free from emotion began testimony in his own defense. Hundreds of spectators eagerly listened, many of whom missed their dinners that they might have a seat for the hearing.
     He began the story of his life with his birth at Philo, O., and the death of his father when he was 5 years old, continuing in his recital with statements of his history practically the same as made by his attorney in the opening statement.
     According to the testimony of the witness, he has various industrial accomplishments as follows: Farmer, soldier, clothing clerk, butcher, blacksmith, poultry fancier, bridge painter, real estate agent and saloon keeper.
     It is expected that Romine's testimony will occupy all of to-day, and that it will practically close the case of the defense.
     The state has a large number of witnesses from this county, now at Columbus, to testify as to Romine's character and reputation.
     The case may go to the jury tomorrow evening.

North Vernon Plain Dealer - February 20, 1913

HENRY ROMINE FOUND GUILTY OF MURDER

MUST SERVE A LIFE SENTENCE - JURY OUT BUT, FEW HOURS

Public Pleased With Verdict

Romine's Attorneys Will Ask For New Trial - Case Attracted Much Attention

     The first act in the struggle of the State vs. Henry Romie, J. Rufus Clark and James Tyler came to an end Monday night, when the jury that has listened patiently for two weeks to the evidence in the McQuaid murder case, received their instructions from Judge Wickens, of the Bartholomew Circuit Court. It took but six hours for them to decide that Romine was guilty of the murder of Charles McQuaid. They fixed his sentence at life imprisonment. The people in Jennings County are well satisfied with the result of the trial and feel that the State's attorneys did their duty. Prosecutor Verbarg has worked hard on the case and gathered valuable evidence that made a clear case. Those who were fortunate enough to hear the evidence and the arguments can not help but admire the way our Wm. Fitzgerald handled the case. All points, both circumstantial, were covered by him in a shrewd manner. His argument was clear and feasible. He followed closely every detail of evidence that was revealed during the trial.
     Sebe A. Barnes, who defended Romine, made a very creditable effort in behalf of his client and did all he could to shift the murder on Clark and Tyler. The latter was called everything in the vocabulary, but with no convincing argument, as to his part in the murder. The evidence in this case revealed to the people of Jennings County, especially to the citizens of North Vernon, the character of Henry Romine, a man who has lived in this community for over twenty three years, posing as a good citizen, being respected as such. Even serving on the city police force, being entrusted with the guarding of the taxpayers' lives and property. In Mr. Fitzgerald's argument he laid bare the life of "Old Comrade" and showed the court the relations existing between Romine and Rosa Lee for twenty-three years. He brought out the fact that he had broken up the home of John Coon and moved Mrs. Coon to Newcastle, where paid the cost of getting her a divorce. He even made a trip to that city and made an affidavit as a disinterested party in order to secure this divorce for her. As soon as the decree was granted they went to Texas and claim that they were married there. When asked the name of the town in which they were married Romine could not tell the court. It was shown that Rosa Lee had signed deeds and mortgages as Fannie Romine and Rosa Romine, regardless of the fact that Romine swore he had never at any time acknowledged Rosa Lee as his wife, Rosa Lee the mother of his five children says she and Romine were married in Ohio, years ago. It was also brought out that a number of years ago, Romine was arrested in Ohio, charged with throwing a flash light in the eyes of a grocery keeper and sand-bagging him. Romine stated he knew nothing about this matter but when cornered "fessed up". In his argument Mr. Fitzgerald pointed out that the losing of the many articles by the murderers of the McQuaids, was surely an act of Providence; that the Lord was dissatisfied with such acts and planted the holster, lap robe, cap, etc., as monuments that would lead to the arrest and conviction of the guilty parties.

Will Ask For New Trial
,      On hearing the verdict of the jury Tuesday morning, Romine showed the effects of the awful strain and almost went to pieces. During the trial he held up wonderfully, displaying an iron nerve. The attorneys for Romine will ask for a new trial. The cost in this case to Jennings County will not fall short of $3000. If a trial is refused Romine's sentence will soon be pronounced and he will be taken to Michigan City, where he will spend the remainder of his life for the part he took in the McQuaid murder. No new trial can be granted Romine unless it can be shown that the court made an error in its rulings. Chances are that nothing will change the verdict of the twelve Bartholomew men who found Romine guilty of the murder of Chas McQuaid on Monday night, October 7th, 1912.

The Columbus Republic - October 26, 1928, Page 1

ROMINE PARDON TO BE TOPIC OF PUBLIC HEARING

State Prison Board Has Arranged a Special Meeting For Case

NOV. 30 IS DATE SET

DECISION REACHED AFTER G.A.R. OFFICIALS HAD SUGGESTED HE BE SENT TO SOLDIERS HOME

     A movement that has been agitated from time to time for several years, to obtain a pardon for Henry Romine, 84, Union Civil war veteran, serving a life sentence in the state prison at Michigan City on a charge of murder in connection with the killing of the McQuaid brothers, of Jennings county, will culminated in a hearing, set for November 30, by the pardon board of the prison, according to announcement by the Associated Press from Indianapolis today. The hearing will be public, according to Michael J. Foley, secretary of the board, the dispatch says.
     Romine was convicted in a trial held in this city, sixteen years ago after the case had been venued here from Jennings county, and received a life sentence. After he had been in the state prison for about two years he was made a trusty and according to officials of prison, has been a model convict.

Freed to Attend Encampment
     For the past several years it has been the custom of the governor of Indiana to give Romine a temporary parole in order that he might attend the annual national encampment of the G.A.R., of which he is a member. On one or two occasions, too, he has received paroles, once to visit a relative who was ill.
     The murder for which Romine is serving a sentence was committed in Jennings county, the victims being John and George [Charles], McQuaid, who lived alone in a small home in that county. They were reported to have considerable money and robbery was the motive advanced for the murder. On of the brothers was called to the door and slain and the other, going to his assistance, met a like fate.
     Rufus J. Clark was tried with Romine on the murder charge and he, too, is serving a life sentence in connection with it. Efforts to obtain a pardon or parole for him made a year or more ago were unsuccessful. Relatives of the McQuaid brothers opposed an effort made several years ago on behalf of the two men.

Soldiers Home Suggested
     The hearing to be held November 30 will begin at 2 o'clock in the afternoon according to the dispatch from Indianapolis. Discussing the case, Mr. Foley is quoted as having said that decision to hold the meeting and to have it public, was reached after a resolution adopted by the national G.A.R. at its recent encampment, had been presented to the board by Col. Frank S. Shellhouse and A. B. Crampton, both of Indianapolis. This resolution urged that Romine be pardoned and committed to the state soldiers home at Lafayette-Romine is said to be the only Union veteran of the Civil war that is serving a life sentence. He served throughout the civil was with a regiment of Ohio Infantry and, it is said, distinguished himself for bravery at the battle of Kenesaw Mountain.

Columbus Republic - August 3, 1939

HENRY ROMINE FUNERAL HELD

Civil War Veteran Dies at Soldier's Home in Lafayette

     "Taps" blew yesterday in Lafayette for Henry Romine, 92, a Civil war veteran who figured one of the most sensational murder trials ever held in this county.
     Mr. Romine rated full military honors, for his official record was left clear by the action of the state authorities nearly four years ago.
     The funeral services were held yesterday morning at St. Mary's Catholic church in Lafayette, where Mr. Romine had been living in the Soldiers' home for ten years. Burial was made in the Soldiers home cemetery.
     Death was attributed to pneumonia which resulted from a broken hip Mr. Romine suffered in a fall a week before.
     Mr. Romine, who had been the only Civil war veteran on parole from a state prison, was given full pardon Dec. 30, 1935, by the state clemency commission, which action was approved by Paul V. McNutt, governor at that time.

In Home Since 1928
     He was convicted in circuit court here on March 6, 1913 and given a life sentence, but was paroled on Dec. 3, 1928, bu Ed Jackson, then Governor, and entered the Soldiers' home.
     He and two other North Vernon men J. Rufus Clark and James R. Taylor [Tyler], were sentenced after trial here for the death of John and Charles McQuaid at North Vernon.
     On account of his fine record as a soldier, Mr. Romine for years received an annual 30-day parole to attend the national encampments of the G. A. R., and never violated the confidence placed in him, always showing up at the prison at the expiration of his free time.
     Surviving Mr. Romine are three children, Mrs. Mary Moore of Erie, Pa., William Romine of this city, and Thomas Romine of North Vernon.

Henry Romine while in Soldiers' Home

Trial of Rufus Clark

North Vernon Plain Dealer and "The Republican" - May 1, 1913, Page 1

BUT LITTLE INTEREST IN MURDER TRIAL

CLARK'S ATTORNEYS ASK FOR NEW JUDGE - JOHN W. DONAKER APPOINTED.
ROMINE AND TYLER TO BE USED AS WITNESSES

J. Rufus Clark
     The trial of J. Rufus Clark, of this city, for the alleged complicity in the murder of he McQuaid Brothers, at their home southwest of this city, on the night of October 7th, 1912, is now being carried on in the Bartholomew County Court, at Columbus, having been begun Monday. This trial forms the second act of the great murder trial, the first having taken place at the last term of Bartholomew Court, when Henry Romine was tried, convicted and sentenced to life imprisonment for his share in the crime. The third act will take place when James Tyler is tried for the same offense in Jennings County Court, which convenes at Vernon the last week in May. The same council represents both sides as in the Romine trial except for the defense, for in addition to Attorneys Barnes and Rynearson, Attorney Wm. J. Beck will also help defend Clark. Prosecuting Attorney Verbarg and Attorneys Fitzgerald, of this city, and Cox of Columbus, will fight the case for the state. A surprise was sprung by the defense almost as soon as court was convened, when they asked for a change of venue from the judge, claiming that judge Wickens was prejudiced against the defendant. Judge Wickens, regular judge of the district, before whom Romine was tried, granted their request for a change of venue and appointed John W. Donaker special judge to try the case. Attorney Rynearson for the defense also asked that Henry Romine, who is now in State Prison, be brought here to testify as a witness in the case, and Romine will probably be brought to Columbus, Thursday. The work of selecting a jury was tedious and not until late Tuesday was a jury secured. The men from whom the jury was chosen were selected from Shelby County, where it was thought the news of the Romine trial had created little interest and where it was supposed that an impartial jury could be secured. The men being strange to the attorneys, the counsel for both sides were careful in their examination of the prospective jurors and questioned them closely with regard to whether or not they had formed opinions as to the innocence or guilt of the defendant, and whether or not they were opposed to capital punishment. Prosecuting Attorney, Joe Verbarg made the opening statement to the jury. He stated the indictment against Clark was in two counts. First, for premeditated murder and second, for murder with the motive of robbery. He showed the jury a map of Jennings county, giving the shape of the county and the location of the McQuaid home. He then outlined what he said the evidence would show. He told the story of how the McQuaid brothers lived with their invalid sister Margaret, at the little home seven miles from North Vernon. He told again the story of the voice at the door at midnight, asking for a light; he told of the reply, the attack, the struggle and of the brutal murder of the two brothers in the back yard. The prosecutor then narrated the alleged conspiracy between Clark, Romine and Tyler in this city, and revealed the plan to rob the McQuaids; showing that there was money in the McQuaid home. He said the evidence would show the finding of the Clark lap robe, Rufus Clark's cap, the revolver holster, the red handerchief, and the black masks. He also said that witnesses would testify that the morning after the crime, Clark had a flesh wound on the bridge of his nose. Before the introduction of evidence the state attorneys said it would require at least until Saturday noon of the present week to complete the evidence for the state.
    Upon this information the defense said they would subpoena their witness to appear next Monday morning. James E. McQuaid, only surviving brother of the murdered men and Miss Margaret McQuaid, their invalid sister, were each placed on the witness stand, Wednesday. They told in detail, the story of the crime, their story being the same as they gave at the Romine trial. Dr. W. J. Mitchel and Dr. D. L. McAuliffe, who went to the scene of the murder, when they received a telephone message immediately after the crime had been committed, were both placed on the stand and testified as to the finding of the bodies and the autopsy, which which revealed that both men had died from gun shot wounds. Mrs. Web Spencer, a neighbor to the McQuaids, who heard Margaret's screams and who sent her husband to the scene, was also placed upon the stand, Wednesday. The testimony introduced thus far, has been the same as in the Romine trial and nothing new has been developed by the cross examination of the witnesses. Mrs. Rufus Clark and daughter, Miss Flossie, have been present each day, and Wednesday, Mrs. Martin L. Clark, mother of the defendant, was also seated by his side. The crowds at the court house have not been large during these few day of trial, as the story of the crime as revealed so far, is known to almost everyone in the vicinity of Columbus. Large crowds are expected later during the trial, when new evidence against Clark is introduced. The attorneys for the state have stated that they will not use Mrs. Henry Romine as a witness despite the fact that she claimed to have damaging testimony against the defense. The state's attorneys also say that they do not know just when Tyler will be brought to Columbus to testify. Clark seems calm and confident, knowing that his attorneys will spare no effort in his behalf and on the other hand the attorneys for the state will leave nothing undone that will aid toward conviction. It will be a hard fought battle.

North Vernon Plain Dealer and "The Republican" - May 8, 1913

RUFUS CLARK TRIAL NEARING AN END

JURY WILL GET CASE TO-NIGHT
DECISION LOOKED FOR
FRIDAY MORNING

     The trial of J. Rufus Clark for the murder of the McQuaid brothers is now nearing the close at Columbus. The evidence was completed Tuesday morning and pleading were begun Tuesday afternoon. Special Judge John W. Donaker agreed to allow each side eight hours in which to plead the case and it is probable that the case will go to the jury late this (Thursday) evening. With but few exceptions the evidence introduced at this trial has been the same as that introduced at the trial of Romine in March and for this reason the interest has not been so keen or the crowds as large, as the story of the crime unfolded at the Romine trial is familiar to almost everyone within reach of the Columbus court house. The mother and father of the defendant, Mr. and Mrs. M. L. Clark, and his wife and daughter, Miss Flossie, have been present in the court room each day and express themselves as being hopeful for an acquittal. On the other hand the brother and sister of the murdered men, James McQuaid and his invalid sister Miss Margaret, have listened to the evidence each day and feel sure that the defendant will receive a sentence of life imprisonment or perhaps the death penalty for his part in the crime which robbed them of their brothers. According to Attorney Barnes opening address to the jury it is evident that the defense will attempt to prove a complete alibi for Clark on the night of the McQuaid murder, and it is also evident that the defense will try to lay the blame for the killing on James Tyler. An attempt was made by the defense to introduce the blood hound evidence but Special Judge Donaker ruled it out on the theory that it was not permissible in Indiana. Prosecutor Lewis A. Harding, of Columbus, made the opening plea for the state Tuesday. He made a strong address to the jury in which he emphasized the value of circumstantial evidence. The final argument in the case will be given by State Attorney, Wm. Fitzgerald; this afternoon. Atty. Fitzgerald said he was confident that he would finish in time for Special Judge Donaker to give all his instructions to the jury by five o'clock this evening. It appears that the case will go to the jury at about the same time it did the Romine case and if the jurors reach a verdict as quickly as in the Romine trial, it is likely that a verdict will be reached by mid night tonight.

North Vernon Plain Dealer and "The Republican" - May 15, 1913

LIFE SENTENCE FOR J. RUFUS CLARK

JURY OUT ONLY A FEW HOURS - VERDICT GIVES SATISFACTION

     At eight o'clock Friday morning, Clerk Cox, of Bartholomew County Court, opened the sealed verdict, which had been returned by the jury who had heard the evidence in the trial of J. Rufus Clark for the murder of the McQuaid brothers, and which was read to the prisoner and the people who had assembled. The verdict read as follows: "We the jury, find the defendant guilty of murder in the first degree and decide that his punishment shall be imprisonment during his life." The defendant, accompanied by his counsel, John Rynerson and his father, Martin L. Clark, had entered the court roo prior to the reading of the verdict and occupied the seats which they had occupied since the trial began. Clark showed no emotion when the verdict was read. At the request of Attorney Rynerson the members of the jury were called singly to ratify their decision. The foreman of the jury announced that they would reveal no part of the balloting but it is rumored that some of the men were in favor of the death penalty, but that others opposed it, therefore the sentence of life imprisonment was reached. It is not thought that Clark's attorneys will ask for a new trial, although the defendant still proclaims his innocence and his father declares that he still believes that his son is innocent in spite of the fact that the jury has found him guilty. When the wife of the convicted man was told of the verdict she declared that they were punishing an innocent man. "I know Rufe never left his bed on the night of the murder, I absolutely know it," she said. Although Clark bore up well during the trial and reading of the verdict, he completely collapsed Friday afternoon when his daughter, Flossie, called to see him. He wept like a child and declared that he was innocent. Two physicians attended to him Friday evening. With the conviction of Clark, the second trial against the murderers of the McQuaid brothers closes, but the case will be re-opened again at Vernon, May 26th, when James Tyler will be brought to trial before Judge Robert Craigmile, in Jennings County Court, for alleged complicity in the crime. The trial of Tyler is sure to attract unusual interest throughout the county. He has testified for the state against both Clark and Romine and the efforts of the attorneys for the defense to fix the crime on him and thus free Clark and Romine have been unsuccessful so that the public opinion is about evenly balanced as to his innocence or guilt, and every detail of evidence introduced at the trial will be eagerly sought. The May term of Jennings County Court is of but two weeks' duration and it is not likely that much other business will be transacted as it is supposed that all the time will be taken up with the murder trial. Tyler is being tried at Vernon at his own request. When arraigned before Judge Creigmile last December he claimed that he did not wish a change of venue and asked that the court appoint an attorney to defend him as he was not able to procure one himself. Judge Creigmile appointed Attorney John Clerkin as counsel for Tyler, and in this case also the state will be represented by Prosecutor Jos Verbarg and Attorney Wm. Fitzgerald.

Another picture of James Rufus Clark from his family tree.

DEATH OF JAMES RUFUS CLARK
Columbus Republic - September 15, 1958
Rufus Clark Rites Are Held Sunday
     NORTH VERNON-Funeral services for Rufus Clark, 84, who died Friday at Bartholomew county hospital, were held Sunday morning at the Diekhoff and Vance funeral home in North Vernon. The Rev. Earl Wolfinger conducted the rites. Burial was at Whiteman cemetery in Michigantown.
     Mr. Clark lived with his sister, Mrs. Charles Webster of North Vernon, before entering the hospital about eight weeks ago he also is survived by a daughter Mrs. Flo Kieder of Miami.

Trial of Jemes Tyler

North Vernon Plain Dealer and "The Republican" - May 22, 1913

JAMES TYLER'S TRIAL WILL START MONDAY
     James Tyler, who is in jail at Indianapolis, charged with complicity in the murder of Charles and John McQuaid, on the night of October 7, 1912, will be tried before JudgeCreigmile, of Jennings County Court, at the May term, which convenes at Vernon, Monday, May 26th. Everyone in Jennings County is familiar with the story of the crime, and almost everyone in this and surrounding have read the evidence in the trials of Henry Romine and J. Rufus Clark, who are serving life sentences in the penitentiary at Michigan City, for their share in the crime of which they were pronounced guilty by juries from Bartholomew and Shelby counties. Tyler has never asked for a change of venue, but declared he wished to be tried in Jennings county. Although he still proclaims his innocence and testified for the state against the other defendants, the attorneys for the prosecution declare that he is as guilty as the other two. The Tyler case will be the first one called when court convenes Monday, but it may be some time before a jury can be secured. A special venire has been selected from which the jury will be chosen.

North Vernon Plain Dealer and "The Republican" - May 29, 1913

TYLER MAY BE ACQUITTED STATE HAD BUT LITTLE EVIDENCE

Jury To Get Case This Afternoon
Only Four Days Needed To Try Case
Jury Made Up of Good Men

     James Tyler, who had been in jail at Indianapolis, Indiana, since Oct. 17, 1912, when he was arrested with J. Rufus Clark and Henry Romine, charged with the murder of Charles and John McQuaid, was brought to Vernon, Sunday evening and placed in the county jail and brought into court for trial before Judge Creigmile, in Jennings Circuit Court, Monday morning. Tyler was accompanied by his attorney, John Clerkin, of this city whom the court had appointed to defend him. Tyler having asked cor counsel, claiming that he had no money with which to hire an attorney. Monday was taken up with the work of securing a jury and a number of men were examined. The following jury was chosen and sworn Tuesday morning, John Tomlinson, Geneva; John H. Gruber, Marion; John T. Richardson, Geneva; Silas Milholland, Sand Creek; John Kotheder, Center; Charles Lurton, Montgomery; Thomas N. Griffin, Bigger; Charles E. Bennett, Geneva; J. N. Callicott, Bigger; Harry E. Small, Center; John Sigman, Vernon; and T. S. Lett, Marion. The state began their evidence as soon as the jury was sworn. James McQuaid, brother of the murdered men and Miss Maggie, the invalid sister, rehearsed again the story of the crime, just as they had told it before at the trials of Romine and Clark. Drs. Mitchel and McAulliffe, who were among the first on the scene, testified as to the condition of the bodies. Mr. and Mrs. Web Spencer also retold the story of being awakened by screams from Maggie McQuaid and rushing to the McQuaid home where the awful crime had been committed. John Swincher testified that Tyler had told him some years ago that the McQuaids had money and that it would be easy to get. Elgin Wilson told that once when he was driving past the McQuaid home with Tyler, he (Tyler) told him that those old men had lots of money, and it would be easy to get, but said that they had no further conversation on the subject.
Continued on Page 3
Tyler-May Be Acquitted
     Jay Cooke and John and George Wood, saloon keepers, of this city, had seen Tyler in their places of business and had seen him talking to Clark and Romine Wm. Nauer testified to the condition of things when he visited the scene of the murder early the next morning. Dr. Shuman, Martin L. Clark, Frank Loscent, Dr. Grossman, Jared Thompson, Roy Klein, Van Randall, Mike Langneck, Alfred Spencer, Walter Aikens, Lawrence Stewart were examined Wednesday their evidence being practically the same as was given to public in the newspaper accounts of the Romine and Clark trials.
     Fred Smith, policeman, identified State's exhibit No. 9, as the mace Rufus Clark had used when employed as a special policeman. A Mr. Johnson testified to having found the blue cap on the morning after the murder. Eddie Watts, aged 11, told of having found the lap robe and his father, David Watts, identified the red bandana handkerchiefs and the black cloth masks, as the ones he had found hanging in the bushes when driving to the McQuaid funeral on the morning of October 10, and he told of having found the other black cloth mask, on Jan 6th when walking through the woods with John Hawkins. Prosecutor Verbarg was then put on the stand and testified to having gone to the McQuaid home on the morning after the murder and having returned again in the afternoon when he made an examination of the premises and of having taken the bullet from the pine boarding of the kitchen wall and examining the hole where the bullet had entered near they window sill. He told of having gone to Seymour on October 25th, with ex-sheriff John Donnell, where they met John Corrigan and James Tyler and drove to the Haley farm three miles west of North Vernon, where they found the gun, which was hidden at the roots of a sycamore stump. Edward Phipps, a salesman for sporting goods, employed with an Indianapolis establishment, testified as to the relative weight of bullets of different caliber, before and after shooting. John Kelsch, a farmer living a few miles east of this city, testified that he saw James Tyler at North Vernon about a week before the murder and that Tyler asked if he had his potatoes dug and said that he wanted about fifteen bushels of potatoes, that his wife wouldn't let him buy potatoes from anyone else. He asked Tyler if he had any money and he said, "Not now, but in a week's time I'll have a whole pocketful of money."
     Mrs. Ella J. Stearns examined the black cloth masks and said that one was made from the sleeve of a black sateen shirt and the other from the back of a black sateen shirt. Frank Reichle testified that he had seen the defendant at about 7:30 o'clock on the evening of October 7th, 1912.
     The court room was packed on Wednesday afternoon, and many people being unable to get seats had to stand during the entire afternoon session. At about four o'clock the state rested their case and the defense was aked to bring forward their witnesses. Attorney Clerkin then addressed Judge Creigmile and informed the court that the defense also rested, that no evidence would be introduced, thus submitting the case on the state's evidence. The only evidence introduced for the defense is the written statement of Tyler, made at Indianapolis, which was read to the jury by Prosecutor Verbarg, at the opening of the trial. In this statement, Tyler admits having talked to Clark and Romine about the McQuaids money.
     It caused many expressions of surprise from those who were in attendance when Judge Creigmile dismissed all the witnesses and informed the court that the arguments would begin Thursday morning and that each side would be allowed four hours in which to plead their case. The case will go to the jury some time today. Throughout the trial Tyler has been accompanied by his wife and sister, Mrs. Griffith, of Hayden. James McQuaid and sisters, Miss Maggie McQuaid and Mrs. Call, of Indianapolis, have also been present each day and have listened attentively to every detail of evidence given.

North Vernon Plain Dealer and "The Republican" - June 5, 1913

TYLER GUILTY OF MANSLAUGHTER

Must Serve From Two to Twenty-one years
In Michigan City Prison For The Part
Taken in McQuaid Murder.

     Guilty of voluntary-manslaughter, with a sentence of from two to twenty-one years, was the verdict returned by the jury, which heard the evidence in the trial of James Tyler, for the murder of the Mcquaid brothers, which took place in Vernon last week. The trial lasted only four days. Tyler was brought down from Indianapolis, where he had been confined in jail since the 17th of last October, Sunday evening, and was placed in Vernon jail. Monday morning the case was called and by ten o'clock Tuesday a jury had been sworn and the state started to examine their witnesses. By four o'clock, Wednesday evening, the evidence had all been given and the state rested. Attorney John Clerkin, counsel for Tyler, then informed the court that no witnesses would be introduced by the defense thus submitting the case on the state's evidence. Four hours were allowed to each side in which to plead their case and the court room was packed, all day Tuesday, with people who were eager to hear the arguments of attorney. Attorney, Wm. Fitzgerald, who assisted Prosecutor Joe Verbarg made the opening argument, summing up carefully, every detail of evidence that would aid in establishing Tyler's guilt. Attorney John Clerkin then made the argument for the defense. This was Mr. Clerkin't first argument in a criminal case and all who heard him agree that he made a powerful plea for his client. Prosecutor Verbarg made the closing argument for the state, bringing before the jury all points of law that would establish Tyler guilty if he planned or arranged the crime, even if he were not present at the scene of the crime. Judge Craigmile completed his instructions to the jury at about five o'clock and the jury retired to the jury room. Court was held over awaiting the verdict, and at about 7:15 the jury reported that they had reached a verdict and the same was read in court at 7:30. Tyler had shown signs of breaking down during the afternoon, while the lawyers were pleading the case, but he seemed calm when the verdict was read. Sheriff Bridges took the prisoner to Michigan City, Saturday afternoon.
     All these men, who have been convicted of having a part in the McQuaid murder are now safely lodged in Michigan City prison. Henry Romine and J. Rufus Clark, who were tried in Bartholomew County, on change of venue received life sentences. The murder is the foulest on the history of Jennings County, and the ill effects of the crime on the county and people are many. The county lost two good law-abiding citizens in the persons of Charles and John McQuaid and to the invalid sister, Miss Maggie McQuaid, the evil night meant the loss of the companions of her old age and the breaking up of the home she had known since childhood. The expense to the county has been enormous. Romine's trial cost the county $1237.60 and the expense of the Clark trial was $1349.20. Although Tyler was tried in this county, the expense will not be small when one considers his board at the Indianapolis jail from October 17th until May 26th, the attorneys' which in this case will have to be paid by the county, the cost of summoning a jury and the jurors' fees. Added to all other ill effects which the people of the county have suffered on account of the crime, no less deplorable is the sorrow and suffering which have come upon the families and relatives of the convicted men. Jennings County people feel that their cry for justice has been answered and are satisfied with the way the authorities have handled the affair from the first, and feel that their quick action in finding and arresting the criminals will be a check to all lawlessness in the county in the future. Ex-sheriff, John Donnell, who was in office at the time of the murder, and Prosecutor Verbarg, deserve much credit for their detective work, and Attorney Wm. Fitzgerald's and Prosecutor Verbarg's efforts in prosecuting the criminals have been appreciated.

North Vernon Plain Dealer - July 27, 1916, Page 1

PAROLED BY GOVERNOR
     James Tyler, of the county, who was sent to Michigan City Prison as an accomplice in the double murder at the McQuaid home in November 1913, was paroled by Governor Ralstin, June 6th. Tyler was sentenced to from two to fourteen years.

The Plain Dealer and "The Republican" - JANUARY 21, 1915

POLICEMAN SHOT DOWN BY TWO HIGHWAYMEN

Frank McKinsey Dies Almost Instantly

Three Bullets Fired Into His Body

$400. REWARD OFFERED

Up To This Time No Arrests Have Been Made -- Men Were Desperate.

Officer Frank McKinsey

     A shooting affray has again placed North Vernon in the lime light and in this event Frank McKinsey, an estimable citizen and a member of the city police force, lost his life at the hands of two desperate men, who were, no doubt, fugitives from justice. The scene of the tragedy was the B & O Passenger Depot and the time about 11:45 o'clock, Friday night January 15th. Shortly before west-bound passenger train No. 3 arrived two rough looking men entered the depot and went into the men's waiting room. It is against the depot rules to allow loafers in the waiting room but night agent Walter Hill had earlier in the evening rejected some bums from the depot and as he was afraid he might have some trouble in making these two men leave the depot, he decided to allow them to remain until the policeman made his regular call at about midnight.
     It was about 11:30 o'clock when night policeman Frank McKinsey arrived and saw the two men. Agent Hill was the only other person in the depot at the time and as he was in the ticket office he does not know exactly what happened before the shooting started but it is the belief of everyone that officer McKinsey, as was his duty when loiterers were found in the depot or on the streets, attempted to search the men before taking them into custody or driving them out of town. It is believed that when McKinsey attempted to search one of the men the other tried to make his escape and when the policeman turned to grab him, his partner pulled a gun and fired. Both men opened fire on the policeman and shot him three times before he fell, just inside the north door of the waiting room. As soon as he fell the men made their escape through the door near which McKinsey's body was lying. Agent Hill had no gun or other weapon of defense and was forced to remain in the ticket room, but as soon as the men went out of the door he ran to Conner's restaurant and telephoned to Night Policeman Langneck, who responded immediately only to find that the murders had killed his brother policeman and escaped. The police in all the surrounding towns in every direction were notified of the murder by telephone and telegraph messages which gave descriptions of the men.
     The tragedy occured at a time during the night when the men of the yard crew are not at work near the depot and as No. 3 is the last train for several hours there are never many people in and out of the depot at that time. The telegraph office, baggage room and express office are located in the depot building but are not connected with the waiting rooms and the night employees of these departments knew nothing of the trouble until after the men had escaped. One man only was on the depot platform as the murderers ran from the depot. At the coroner's inquest Saturday morning, he gave his name as Dan Burns and said his home was at Jonesville, Wisconsin. He said that he was traveling through the country in search of work and that he stopped at the power house and asked to stay all night. He was told that he could not remain there and he started out to look for another place of shelter. He was walking on the platform when he saw a man run from the depot flourishing a revolver in his hand. He said the man was running east on the depot platform.
     In about a minute a second man came running in the same direction also carrying a gun and thinking the second man was an officer in persuit. Burns says that he threw up his hands and said "I'm not the man you are after. He ran down that way." Sam Wolfinger, the night watchman at the North Vernon Lumber Company's plant claims that about twelve o'clock he saw two men running along the street near the factory. He heard them say they believed they were on the wrong road and he asked them for what road they were looking. They told him they wished to go to Vernon and he advised them to go down the railroad track. They went up to the railroad but instead of going toward Vernon they crossed over and went down Buckeye Street. If the two men seen by Wolfinger were the murderers that is the last that has been seen or heard of them as every effort on the part of the police, thus far, has failed to reveal a clue.
     The city of North Vernon offers one hundred dollars for information that will result in the capture and conviction of the murderers, and the county is offering a reward of three hundred dollars. The description of the men as sent out to the police of other cities is as follows: one about six feet tall, smooth face, white linen collar, black soft hat, dark suit and shoes, long light overcoat to knees, thirty five or forty years old: the other about five foot eight inches tall, smooth face, chunky, dark suit and shoes, dark soft hat, light checked sweater coat, overcoat to knees, thirty or thirty five years old. Dan Burns is being held by the police in hopes that he may be able to identify the men if caught. Agent Hill says that he saw one mans face plainly when he was sitting in the waiting room and that he got a look at the other's face when he was running from the room. He is not sure whether or not he could identify them if they changed clothes.
     Two men loafed in Walther Prather's saloon for some time just before closing time, Friday evening, and as Mr. Prather thought their actions suspicious he ordered them from the saloon. Whether or not they are the same men that committed the murder is a question. Mr. Prather had a good look at the men that were in his place and no doubt would be able to identify them.
     The police have in their possession three bullets that came from the guns of the desperados. Two of the bullets are steel jacketed from a 45 caliber automatic revolver: the other one is from a 41 or 44 caliber lead bullet. One of the bullets was taken from the window casing where it had lodged: one had lodged in the wall and the other was picked up on the floor, and a dent in the door showed that it had struck there and glanced off. One empty shell was found on the floor, which leads to the belief that one bullet remained in McKinsey's body. The coroner's examination of the body revealed the fact that one shot struck McKinsey in the arm, shattering the bones of the arm: another took effect in the right shoulder and a third pierced the abdomen. Evidently McKinney had not attempted to shoot or club the men, as neither his gun nor club had been removed from his person. There is no doubt in the minds of the people that the men had a record of crime. Most everyone is of the opinion that they are the same men that shot the Marshall at Sellersburg on the night of January 11th, and that believing that the officer had come to arrest them they resolved to take desperate means to escape being taken into custody.
     The death of Frank McKinsey who was an estimitable citizen, and efficient member of the police force, and loving husband, father, son and brother, has cast a gloom over the entire community and the sympathy of everyone is extended to the bereaved family. The citizens of North Vernon will long cherish the memory of the officer who lost his life in the faithful performance of his duty and all are hopeful for the arrest and conviction of the murderers. Owing to the excitement that prevailed on Saturday, had the murderers been caught at that time, there would have been great danger of mob violence.
     Frank McKinsey had lived in this county all his life and was a resident of this city for many years. He was forty-four years of age and lived with his wife and two small children on Hoosier Street. His wife being ill he made two trips home during the early hours of the fateful night, and on the last trip home bade his wife and children goodnight, saying that he would not return until morning. It is supposed that on his way from his home to the police station he stopped at the train depot for his midnight visit, as it was only a short time from the time that he left that his wife received the awful news of his death. Mr. Mckinsey's love and devotion of his family were known to everyone who knew anything of his home life and the fact of his love and solicitude for his wife and children makes the tragedy that bereft them of his loving care and support seem all the more terrible. Besides his wife and children he is survived by his aged mother, Mrs. Ann McKinsey, who is making her home with her daughter in Indianapolis, two sisters, Mrs. Susan McGinn of Indianapolis and Mrs. Katie Hilbrandt, of Hedge, and three brothers, Michael of Elizabethtown, Charles of Hedge, and John, of this city. Immediately after the tragedy, the body was taken to Charles Rapp's Undertaking Establishment and later to his home. The funeral services where conducted at St. Mary's Catholic Church of which he was a faithful member, Monday morning at nine o'clock. The pastor Rev. G. L. Wilderin, conducted the service. The remains were intered at St. Mary's Cemetery. A large concourse of people attended the funeral services and accompanied the remains to the last resting place thus paying the last sad tribute of respect to their departed fellow citizen, officer and friend.

North Vernon Police officers - left to right Frank McKinsey, Michael Langneck, and not identified.

    Charles McKinsey wife and daughter of Hege, Mike McKinsey wife and daughter of Elizabethtown, Mrs. Susan McGinn, son John and daughter Miss Anna and Mrs. Ann McKinsey of Indianapolis, Mrs. Ferry and family of Columbus and Mack Waits of Elizabethtown, were among those from out of town who attended the funeral of Frank McKinsey.

North Vernon Sun - September 24, 1925, Page 1

Night Patrolman Killed

Edward Fowler, New Man on Police Force, Shot Twice by Bandits
Fugitives Still at Large

Edward P. Fowler

     Edward Fowler, aged 45, who was appointed to the police force September 1st by Mayor Chas. Webster, died just a short time before noon Monday from gun shot wounds he received when he accosted two men near the Central Garage early Monday Morning.      From Fowler's own story, which he told before his death, he stopped two men who were walking toward town from the corner of John Schierling's grocery, and asked them as to where they were going and what they intended doing. The only reply he received was two revolver shots, one of which passed thru the abdomen and the other lodged in the spine.
     Altho mortally wounded, Fowler fired one shot at the men and then turned and walked to the Metropole Hotel where he collapsed. Physicians were called at once and he was hurried to the Seymour hospital where he gradually became weaker and died shortly before noon.
     The alarm was immediately given the sheriff and chief of police who began trailing the machine, which the bandits escaped in and which left the city in a easterly direction. It was found just east of the city where the two men had abandoned it after running into a ditch.
     The automobile used by the slayers was found to be a stolen car belonging to Everett Trook of Indianapolis. The machine was stolen Sunday afternoon from in front of the Columbia Club of that city.
     All manner of clews were run down by Sheriff Ray Hearn and Chief of Police Jack Smith, all towns and cities in the state having been notified to be on the look-out for the men.
     A report that the men were seen in a wood near Commiskey brought out hundreds of men who surrounded the wood. Blood hounds from St. Paul, Ind., were sent for but refused to take the trail. This is accounted for by the fact that the ground around the wood in which the men are supposed to be hiding has been tramped under foot by the men guarding the neighborhood.
     Word was received from Lawrenceburg that two men were being held there pending word from this city. They answered the description but proved not to be the ones sought. Two young men were arrested at Seymour about 7 o'clock Monday evening but were allowed to go after parties sent failed to identify them.
     Thru the persistent efforts of Mayor Chas. Webster, Sheriff Ray Hearn and Chief of Police Jack Smith, the owner of the stolen car was found to be E. W. Trook of Indianapolis, an attorney who makes his home at the Columbia Club of that city. They also discovered that the car was stolen about 1 o'clock of Sunday afternoon and thru tracing the car from this time until the murder, they found that Frederick Wright, aged 19 years, and his brother Walter Wright, aged 22, had driven this car to Nebraska where they purchased oil and gasoline and returned to this city about 11 p.m.      The Wrights lived in Nebraska until the latter part of las week when they moved to Indianapolis.
     The Indianapolis police were called over long distance and informed authorities in this city that the Wrights lived on Barret avenue and that the two boys had not been home for some time.
     They were positively identified at Nebraska when the stopped at the store of Hiram Bemish for gasoline and oil.
     They were also identified by a young lady living in Nebraska upon whom the boys called Sunday afternoon and evening. Frederick, the youngest boy will weigh in the neighborhood of 170 pounds while Walter weighs about 140 pounds. They both wore blue serge trousers and light caps. One boy was dressed in a red sweater.
     The posse of farmers and citizens who were surrounding the woods near Commiskey all day Monday were called off by Sheriff Ray Hearn Tuesday morning. It is thought that if the men were in the woods, they escaped during the night.
     The City Council posted a reward of $300 for the arrest of the two men. Suspicious actions of strangers are closely watched and all trains are closely guarded for a sight of the two men.
     When Chief of Police Smith examined the clothes of the murdered man a 32 caliber bullet dropped from the trousers. Wednesday morning, physicians took a 32 caliber bullet from the body. A comparison showed that they were of the same make. A 25 caliber steel shell was found in the car at the time the police recovered it.
     As we go to press the killers are still at large. Every clew has been run down by the sheriff and police and it is not believed that the murderers are still in this vicinity but that they managed to board a train and steal a ride and are now hiding at day and moving at night.
     Photographs of the men had been secured and these will be flooded over the country. This it is ----, will make it rather difficult for the sus pected men to come out from cover.
     The funeral of the murdered man was held at the home at 1:30 Wednesday afternoon and interment in the Dupont cemetery.
     Pallbearers were: Ray Hearne, sheriff; Jack Smith, chief of police; Tiel McCaslin, night patrolman; F. M. McGerdy, B. & O. detective; Joseph Roseberry, chairman Safety Committee and Joseph Verbarg, city attorney.
     Surviving are a wife and two step-sons.

Unknown Newspaper
HOLD FOWLER FUNERAL TODAY

Slain Policeman is Buried at Dupont-No Trace of Missing Murderers Found
     North Vernon, Sept. 23-The funeral of Edward Fowler, local night policeman who was slain by supposed automobile bandits here Sunday night, was held this afternoon at Dupont, Ind., with burial in the Dupont cemetery.

North Vernon Sun - October 1, 1925

MURDERERS ARE STILL AT LARGE

     The murderers of Ed Fowler, night patrolman, who was shot by two men the morning of September 20th, are still at large.
     No direct trace of the men has as yet been found, although every clew had been run down.
     A telephone communication received by Mayor Webster Saturday led the police officers to investigate a story that a young man had called for something to eat. He was described as being about the same age as the description covering the elder Wright boy who is being sought by the police as being one of the murderers.
     Nothing developed from this report but on Sunday morning however the police were called to a small town in Kentucky where two men were being held for identification.
     Chief of Police Jack Smith and Sheriff Ray Hearn left early Sunday for Owenton, Ky., where the sheriff of that county was holding the two suspected of knowing something of the killing. They proved however to be other parties and the police officers returned late Sunday evening without their men.
     The farm where the Wrights formerly resided before the killing is being watched closely by police as well as the home in Indianapolis where it is expected the boys will show up sooner or later.
     Posters bearing photographs of Walter Wright with a full description are being circulated throughout the country. Every town and city in the country has been notified to be on the lookout for them, and the police are confident that they will be in custody before many days.

     Ed Fowler's family was from Dearborn County, but his parents moved to Illinois just before he was born. His father died about 3 years after he was born and his mother died in 1883, both in Illinois. He married for the first time there. He shows in census record for 1900 with a wife and 2 year old son. I have not found what happened to either of them but in 1924 he married Georgia Anna (Giddings) Johnson in Jefferson County, she was the widow of a Robert Johnson. Unfortunately their marriage only lasted a year since he was killed in 1925. She lived until 1950 when she died in Bartholomew County, and was buried near Ed Fowler in Dupont Cemetery.

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You may use this material for your own personal research, however it may not be used for commercial publications without express written consent of the contributor, INGenWeb, and