Keller - Dan
Source: Crawfordsville Weekly Journal Friday, 31 January 1896
The morning session of the trial was taken up in the cross examination of Mrs. Elizabeth Shanks and the examination of Frederick Shanks, the aged father of Clara Shanks. Dan Shanks, brother of Clara, also testified. The defense scored a point in the cross examination of Mrs. Shanks by getting her to tell that she feared her daughter, Clara, had gone to the pool at Wolf Creek to drown herself when she discovered she was missing. Important evidence was brought out by the State when Frederick Shanks testified he saw his daughter’s foot prints in the dusty road leading toward Keller’s house. When asked by the defense why he said nothing about it at the Coroner’s trial or at the preliminary at Annapolis, or why he did not go into the house of Keller if he thought so, he replied that the question had never before been asked him and that he did not think of it and that he had at the time supposed Clara had gone to Keller’s for water as she was in the habit of doing. The State brought out over the objection of the defense a remark made by Clara to her mother the day before the tragedy when her mother told her of Mrs. Keller’s accusation which had been corroborated by Dan. Clara replied “that Dan had made such proposals but that Nannie Keller had no reason for being mad at her.” Another piece of damaging evidence was brought out by the State. James Wilder testified that he saw three women in the Keller house between the hours of 12 and 1 o’clock on the day of Clara’s death. This is the first time the State has been able to prove the presence of a third woman in the Keller house and the State claims this third woman was Clara Shanks. Other evidence tending to show that the State’s theory is correct was in the testimony of Frederick Shanks. He said that each time he came near the Keller house he could see Mrs. Keller standing at the kitchen door which was only partly opened watching him in a curious manner. The boys testified that they were in swimming in the pool late on that evening about five o’clock, swimming and diving about all through the waters of it and that they saw or felt no body. This is after the time the State fixes the time of the supposed suicide.
Both the State and the defense had attached much important to the evidence of Dan Shanks as it was supposed he knew more about the tragedy than any other living man. Nothing startling was disclosed either for or against the State, although he was closely questioned both on direct and cross examination. The only important part of his testimony was in regard to search and the subsequent discovery of his sister’s body in the pool on Sunday morning.
Upon the discovery of the body, witness testified he went home to give the alarm, after which he got his shotgun and went to the Keller’s to find Dan. He called Keller out and told him that Clara had drowned herself. Keller replied: “Well, I declare!” Witness then continued in the quietest way possible to the jury: “I said yes, and you are responsible for it. You have driven her to it, and I pulled up my shotgun and fired. I was about forty or fifty feet away and he was running into the house at the time. I heard him groan after he got in and I supposed I had wounded him and went around to the other side of the house so I could get a chance to finish him. I called to him to come out, but he said not to fire; that his wife was nervous and it would scare her to death. The women folks finally came out and persuaded me to go away.” Witness told them of removing the body from the pool by Al Beeson after he (witness) had pointed out the spot in the water where it was. The body was laid out on the sandbar.
When Frederick Shanks, father of the girl, was called to the stand, he proved to be a tall, brawny man, 68 years of age, and though his appearance indicated a life of toil, he is yet wonderfully well preserved except that he is somewhat deaf, and his language indicated an uneducated, though honest, backwoods man. It was evident he aimed at the truth from the start. In brief, witness said he first learned of the trouble between the two families on Saturday when his wife told him about the trouble when Clara left the dinner table so abruptly. He noticed that Clara was unusually quiet and had no appetite which moved him to ask his wife if she was sick. That afternoon while witness was at work in the field, Dan Keller came up and standing on the outside of the fence asked him for a chew of tobacco. Witness took a piece of “long green” from his pocket and handed it to Keller with the remark, “I’ll give you a chew of tobacco for the lies you have told.” Keller took the tobacco and then witness said to him, “Do you expect to gain anything by your lies?” Witness said that Keller merely answered, “No,” and moved away.
George Fraley was the next witness called. He testified that he met Dan Keller about 5 o’clock in the evening on Saturday—the day when Clara Shanks was murdered—and that he asked him for a “chaw” of tobacco; that Dan pulled out a goodly plug of “Old Kentuck” or some other equally famous brand, which plug was a ten cent plug with but about three “chaws” taken therefrom; that he took a “chaw” and went on.
The State will endeavor to show by this that Keller asked Frederick Shanks for a chew of “long green” simply because he wanted to find out whether Shanks was excited about Clara. He had no occasion for asking Shanks for tobacco as he had plenty in his own tobacco pouch.
A great crowd was present throughout the entire proceedings of the day and hundreds were turned away. At 5 o’clock the court adjourned.
Source: Crawfordsville Weekly Journal Friday, 31 January 1896
The Keller murder trial began in Terre Haute Monday and the Express speaking of the prisoners says: “When called upon at the jail the women were busy doing their ironing and preparing their wardrobe for their appearance in court Monday. They were in an exceptionally cheerful mood, apparently delighted that they are soon to know their fate. They talked jokingly of their experience in Vigo County and as Maggie is gifted with a bit of droll humor, her frequent references to her jail life created no little amount of merriment. They have been model prisoners and have given the jailer less trouble than any prisoners ever committed to the Vigo County institution on such a grave charge. They have tried to get all the enjoyment they could from the unfortunate circumstances, but at no time have they spoke jokingly of the crime or disrespectful of Clara Shanks for whose death they are held to answer—indeed if they have ever mentioned the girl’s name it has been while talking among themselves. Whether they are guilty or not, their conduct while in the Terre Haute jail has been marked by modest bearing and those who have visited the jail will not condemn them until the trial is had and they are proven guilty. The prisoners are fully aware of the sentiment that exists against them in Parke County and the neighborhood where the crime is alleged to have been committed, but in spite of this fact they say that if they are acquitted they will return to Wolf’s Falls, where they own a farm and there spend the remainder of their days. They believe that when their innocence has been established in court, the sentiment, which is now so strong against the, will be changed.
The jury was accepted Monday evening and the opening speeches of counsel were made Tuesday.
Monday afternoon Daniel Keller, Nannie Keller, his wife, and Maggie Keller, his sister, in charge of Sheriff Butler and Deputy John Born, walked into the Vigo County courtroom at Terre Haute to answer to judge and jury for the mysterious death of Clara Shanks, whose lifeless body was found in the bottom of a brook known as Wolf’s Creek, in Parke County, on the 12th day of last July.
The story of the death of the rural belle and the circumstances leading up to it is blending of romance and mystery sufficient for a novel, while the scene of the dead girl’s home and the picturesque, lonely spot where the body was found are the ideal scenes for the beginning and ending of a romance which ends in tragedy. The attorneys for the State will aim to show purely by circumstantial evidence, that Clara Shanks was the belle of the neighborhood, a pure, innocent, light hearted country girl; that the first trouble she ever knew was when her character was traduced by the Kellers and her own people believing the slanderous reports against her and left her friendless and practically homeless in the neighborhood where she had been raised and where she had known nothing but friendship and happiness. The State will aim to prove that when the poor girl, goaded to desperation, went to the Keller home to defend her good name and make her alleged traducers retract and right the wrong they had done her, a fight followed in which the girl was killed. After the girl was dead, the State will claim, the Kellers carried her body to Wolf Creek and threw it in to hide their crime by creating a theory of suicide. There are nine different theories as to how the murder was committed; each being described in a separate count of the indictment.
When court was called to order Tuesday morning a juror named Soules chosen to sit in the Keller murder case, was too drunk to appear and Judge Taylor ordered him brought in. After a half hour’s consultation with the attorneys in the case, Judge Taylor resumed the bench and Attorney Lamb moved the discharge of the juror. Amos Hixon was then chosen as the twelfth juror in place of Soules.
Soules is a prosperous farmer of Otter Creek Township, Vigo County, who would not have been suspected of such an escapade. He was put in the custody of the sheriff to await action for contempt of court.
Prosecutor Maxwell began his opening statement at 10:30, giving the State’s theory of the murder of Clara Shanks by the Kellers. He said that on the day Clara Shanks arose from the dinner table and left bareheaded and barefooted, never to return, Dan Keller said to the searching parties that his wife and sister had seen Clara going down the road. All afternoon the Keller women were on the lookout at the windows of their house and Dan Keller stood guard in front. They did not join the search and late that night lights were seen in the windows of the Keller house. Mrs. Keller had threatened to “mash Clara’s head” if she ever came across the road to the Keller house. Dan Keller had accused the girl with having accepted his vile proposals and this so stung the girl that it is claimed by the prosecution that she went over to the Kellers to declare her innocence and that they then murdered her. Sunday morning Dan Shanks went to the Wolf Creek pool, and, wading in it, touched his sister’s body. He ran home and told his mother about finding the body, and, taking his shotgun, went to the Keller house, where he called Dan Keller to the door, fired at him, and missed him.
The Keller women went over to the Rice house for breakfast and the Rices will tell how suspiciously they acted. Dan went to Rockville to file an affidavit against Dan Shanks. He afterward met Dr. McKey and asked if Clara’s body was bruised and when the Doctor said it was, he turned milk white and said that his wife was jealous of Clara and that he (Keller) had told his wife to “go ahead and he would stand by her to the end.”
When the court adjourned at noon, Judge Taylor gave orders that none of the jurymen should drink intoxicating liquors. In the afternoon John E. Lamb made the statement for the defense. He said it was an outrage that the sister, Maggie Keller, should have been indicted and that it was done to discredit her testimony in the case against her brother and his wife. He said the girl committed suicide by drowning. When her body was first taken from Wolf Creek pool two physicians examined it and they found no external evidences that the girl had met with violence at the hands of anyone. The next day two other physicians examined the body and they made a like report. It was twelve days later when the body was exhumed and the evidence of a crushed skull and broken neck were found. The defendants will go on the stand, he said, and tell their story.
The taking of evidence began with the testimony of Mrs. Elizabeth Shanks, the mother of the girl. She told of Clara’s complaint to her that Mrs. Keller was treating her coldly. The witness says she went to Mrs. Keller and asked for an explanation and was told that Clara was too thick with Dan Keller, her husband. The mother would not believe it and Mrs. Keller made Dan say it was true. He would not do so until his wife told must or make her out a liar. The last the mother saw of her daughter alive was when she left the dinner table July 6 and started for the Keller house to make Dan tell the truth.
Mrs. Shanks attempted to describe the appearance of Clara’s body when taken from the pool. In this attempt the witness gave way to emotion, “Oh,” she said, “It was the awfulest sight I ever saw. She looked awful lying on the bed, her eyes wide open and her face was scratched, oh, so bad. I couldn’t stand it to look at her. The blood was running from her mouth, nose and ears, and I could hardly believe it was her. I said, “Oh my God, is this my Clara? Her face looked so awful—she didn’t look like herself. I know somebody killed her. She was a good girl and would never have killed herself. Oh, but her mouth did look awful—it was all out of shape and was twisted this way,” and the witness put her hands to her mouth and attempted to distort it to illustrate to the jury how her daughter appeared.
It was plain that the bereaved mother was being overcome with emotion and to prevent a scene or perhaps prostration, Attorney Simms came to her relief by telling her she had told enough and she need not continue the description of the daughter’s appearance in the death room and the State excused the witness. When the direct testimony was finished it was near 5 o’clock and on motion of Mr. Lamb, court was adjourned until 9 o’clock this morning.
Source: Crawfordsville Weekly Journal Friday, 7 February 1896
Trial of the Kellers
Prosecutor Maxwell conducted the direct examination last Thursday. Ex-Sheriff John Musser, of Parke County, the official who hanged Buck Stout some years ago, was the first witness. He was the foreman of the grand jury which returned the indictment against the Kellers. He testified that the instruments or means with which Clara Shanks was killed were unknown to the jury. The defense had objected to this testimony but the court overruled the objection.
The defense fought hard Thursday to break down the circumstantial evidence going to show that Clara Shanks did not drown herself, but was murdered, and that the circumstances pointed to the Kellers as the murderers. In the opening statement for the defense ex-congressman Lamb had told the jury that the case was worked up by a scoundrel, that a jack-leg lawyer named Thomas was at the bottom of it, that he had flilched $60 out of the treasury of Fountain County for his alleged services in behalf of justice, that the jury would be given an opportunity to see him. Frank Reynolds, a photographer of Rockville, identified photographs made in September of scenes about the pool and of the Keller and Shanks premises. One of the latter was taken from the inside of Shanks’ gate and showed the summer kitchen of the Keller house, in the window of which Maggie Keller is said to have kept watch the Saturday afternoon that Clara Shanks disappeared.
Josiah Allen, of Fountain County, who was the first person to take hold of the dead girl’s body when it was found in the pool, was on the stand for some time and was put through a severe cross examination. He and Al Beason got the girl’s body from the pool. Her arms were stiff and her legs were drawn up. When first taken out, there was no blood on her face, but soon afterward blood flowed from her eyes, mouth and nose. There were scratches on her face, her lips were cut, and under each eye there was a cut. There were marks on her throat, such as would be made by finger prints. He saw a trail through the weeds over the bluff and about thirty feet from the pool saw what appeared to be blood spots on a log over which the trail led. On Aug. 1 he went to the Keller place, where he found what he thought were blood spots on the rails of a fence. He was with Joseph Thomas, son of George Thomas, whom the lawyers for the defense call a pettifogging lawyer and whom they are trying to show worked up the case against the Kellers. They cut out pieces of wood containing the stains. On cross examination Mr. Lamb wanted to know the color of the spots and if they could not have been tobacco juice. The witness modified his somewhat positive statement by saying they looked like blood.
Sheriff Moore, of Fountain County, told of his investigation at the house and at the pool. On July 26 he found a pair of trousers belonging to Dan Keller at Keller’s house, on which there was a stain, which he thought was blood, on the back of one of the legs below the knee, which was an inch or more wide and extended nine inches. He took the trousers away. The theory of the State is that Dan Keller carried the body to the pool that night, and her bleeding head hung down over his back. In the afternoon Sheriff Moore was too ill to go on with his testimony and George Thomas was called. There was feverish curiosity to know how he could stand the ordeal. He told in direct examination his part with other citizens in hunting evidence, and then Lamb went after him like a lion sure of its prey, but the “jack-leg” lawyer had so palpably the best of it that there was no mistaking the effect on the jury, and the general verdict was that Lamb had been misinformed and made rash assertions in his speech. The witness kept his temper better than the examiner, and was clearer in his expressions. He never received a cent for his services in the case. He had taken no more active part than other citizens of the neighborhood. The bill presented to the county commissioners of Fountain County was shown to him triumphantly, but he declared it was the first time he had ever seen it.
Then Mr. Simms, appointed by the judge of the Fountain Court, told Mr. Lamb that he had made out the bill, and that Thomas knew nothing of it until afterwards, and that Thomas received none of the money. Thomas had been at the Keller house but once, and had not supplied the grand jury with a list of witnesses in the case, and had not done any of the many things he was asked about except to go to Covington to employ lawyers to assist the State, and this he did in company with two others, the three being selected for the purpose at a public meeting of citizens of the vicinity of the tragedy.
Two women who helped prepare Clara Shanks’ body for burial told of the scars and scratches on the face and of the indications of finger prints on the throat.
They are now talking of a three weeks’ trial. It is expected the medical expert testimony will take a week, which is not long when it is known that hypothetical questions are to be put to fifteen physicians.
The court room is packed every hour of the trial by a morbidly curious crowd and scores of women flock to the hearing of the evidence, gloating like vultures over a dead horse.
Last Friday was the fifth day of the Keller family murder trial. There is a large number of State witnesses to be examined, including many physicians who will swear that the appearance of the dead girl’s body indicated that death was the result of foul play and not of drowning.
Judge Taylor inaugurated a new feature, that of issuing tickets of admission to the witnesses, attorneys and press representatives which entitle them to seats inside the railing.
Jacob Ratcliff was the first witness Friday; witness arrived at the pool at 8 o’clock Sunday morning and found the body on the bank surrounded by a crowd of forty people. His description of the marks on the throat and the bloody condition of the face was substantially the same as related by the preceding witnesses. Witness discovered tracks on the top of the hill made by what looked to be a No. 8 shoe. The State will endeavor to show that this was the size of shoes worn by Dan Keller. Witness also saw two foot tracks on the bottom of a very shallow stream of water, thirty yards distant from the pool. He attached importance to them because he subsequently found spots of blood on a log and pole near the pool. He was positive there was a gash below one of the dead girl’s eyes. Henry Myers said he visited the pool Sunday morning, searched the ground for several hundred yards and saw a dark red spot resembling blood on a log near the pool. On Monday, after leaving the cemetery where Clara Shanks was buried, witness with several others visited Keller’s house. Dan Keller and family were not present, they having sought shelter with relatives the day before when Dan Shanks attempted to shoot Keller. They found a pair of old trousers which were examined for blood stains. A red spot was found on the leg of the trousers and Mr. Banta scraped it with his knife and washed it with water.
Mrs. George Keller found a can of red paint in the house and handed it to Mr. Banta who compared it with the stain on the trousers. Witness said the committee came to the conclusion that the spot on the trousers was paint and not blood. This answer was evidently not expected by Attorney Puett of the State, who moved to strike it out on the ground that witness had no right to say what conclusion was reached by the other members of the committee. This occasioned a tilt between Mr. Puett and Mr. Lamb, the latter remarking that Mr. Puett appeared troubled over the witness’s answer. The court allowed the answer to remain in the record.
Mr. Myers, with several others, visited the house again on the 16th of August and found that a number of planks had been removed from the floor. On cross examination he said it was a fact that the committee decided that a stain found on the floor was tobacco spit. The committee examined the bed clothes, but found no evidence of blood.
Many persons refused to leave the court room when the noon adjournment was taken. They remained in their seats during the noon hour that they might have places of advantage for the afternoon session.
John Nickell identified the pole with which the pool had been dragged for the body. At the larger end were two prongs made by the cutting away of branches. The larger of these was about six inches in length, and the other about three inches. Mr. Nickell took the pole in his hands and slowed the jury the manner in which he searched for the body, dragging the large end of the pole through the water. The defense will insist that the cuts on the body, if they existed, were made by the pole. (*More of the trial on preceding pages)
Source: Crawfordsville Daily Journal Friday 21 Feb 1896
Rockville Tribune: There was little excitement in Parke County when the Kellers returned last Friday. They passed by their old home, where Lewis Harrison now lives, going to their people in Fountain County. It is reported that after Mr. Harrison leaves the place, as he contemplates doing, they will live there.
At Grange Corner, where the news of acquittal was received in the afternoon, a crowd collected, expecting the Kellers to come that evening, but there were no threats of lynching. A citizen of that community, who holds the prevalent opinion that the girl was murdered, says there will be no violence of any kind done to the Kellers should they again take up their residence in their old home; but he does not think the family will be “neighbored” with the cordiality that prevails among the other people. To sum up public opinion on the verdict we would say that two thirds of the people with whom we have talked on the subject have thought the Kellers were guilty, but did not believe they would be convicted upon the evidence, being as it was entirely circumstantial, and not strong enough to overcome the ever present reasonable doubt.
Rockville Republican: James Rice, who lives in the Keller neighborhood, said yesterday that he anticipated no attempt to molest the Kellers. The verdict, he says, has not changed public sentiment in the least, people generally believing they know well enough who killed Clara Shanks. Dan and Nannie will not go back to live in their old house, and this statement was made with a significance that was unmistakable.
Source: Crawfordsville Daily Journal Friday 21 Feb 1896
Frank Carson, Jr., aged 18 years, died last Monday of consumption, at his home near Clark’s Hill. Interment will be at I. O. O. F. Cemetery here Wednesday. Funeral at the South Christian Church will be conducted by Rev. F. P. Trotter.
The Keller-Shanks Tragedy
Source: Crawfordsville Daily Journal Friday 21 Feb 1896
A Covington special says: “A controversy is imminent between Parke and Fountain Counties over the payment of the expenses of the Keller murder trial, which aggregate several thousand dollars. The defendants live in Parke County, while the Shanks family, living just across the roadway, is in Fountain County, the road being the dividing line. The sheriff and coroner of Fountain County first took charge of the case, under the supposition that the murder occurred in Fountain County, and Dr. Geiss, of Indianapolis, was employed as an expert chemist. Six physicians also assisted in holding an autopsy on Clara Shanks’ body These physicians have sued for $600 for services, and have taken a change of venue to Montgomery County, the report is revived that Maggie Keller, the sister, will sue for damages, it being claimed that there never was sufficient testimony against her on which to base an indictment. Considerable dissatisfaction is expressed in the Wolf Creek neighborhood over the acquittal of the defendants; still no violence is threatened. When it was suggested at Terre Haute that it might be dangerous for the defendants to return home, a friend of the accused remarked, ‘It may be that the Kellers will be killed, but there are some friends who will see to it that someone else is killed while the killing is going on.”
Source: Crawfordsville Weekly Journal Friday, 29 May 1896
Maggie Keller, one of the three persons who were acquitted of the murder of Clara Shanks, has written a letter to Charley Berry telling of her present trials and troubles. The letter, which is as follows, is a pitiful one:
“How often do I think of how happy I was one year ago, but dear readers just to think of today. Oh, how often is the finger of scorn pointed at me, and I am innocent, oh, so innocent of the crime.
The night of July 6th we slept our sweet sleep, and my dear brother was called out by young Shanks, and the next report was that of his gun. Just to think of it, I walked out and faced the muzzle of that gun to save the life of my brother and his wife, and then I was arrested and sent to jail for six long months and nine days, with my heart almost broken. I would not have such disgrace put upon me for the State of Indiana, no, not for the United States, for money will not bring back my once good name. When I came home, the ones whom I thought were my friends, turned their backs upon me and would not speak to me. When we are judged at the great judgment bar there will be no finger of scorn pointed at us, as there has been since we were judged at the bar in Terre Haute; not only at us do they scorn, but at my dear old gray headed parents, and brother and sister. It almost breaks my heart to see my parents mistreated in their old days. Even at a funeral they will stand off and make remarks about me. They will have to answer for their conduct. I was raised by good parents, and I can’t see what the people of Wolf Creek have against me. I never did any harm in all my life. I never had a word with the Shanks family in my life. They all seemed to think lots of me. Mrs. Shanks gave me her picture about four years ago, and the other day, Tom Sackmire came over and said that Mrs. Shanks wanted her picture. I had taken as good care of her picture as any that I had. I had given her one of mine also. It had never entered my mind to send for my picture. She said that she did not want my picture in her house. I acted the lady and sent it to her. Of course someone had posted her in regard to the picture.
Dear readers, when I think of how near my brother came to being killed it almost breaks my heart. You do not know how sad I feel when I go to church and see some stand off and laugh at me because I have been in jail. We are as innocent of the crime as they laugh at us. Never in my life did I go and stand beside a newly dug grave and make fun of anyone, as they did me on May 16. I have some good friends that will stay with me ‘till the last. Dear readers, when you read this please remember that it was written by a poor heart broken girl. Surely if the ones that put this disgrace upon me only knew the tears that they have caused me to shed they could not sleep day nor night. I give my heartfelt thanks to all who have befriended me through my awful trouble.
Maggie Keller
Source: Crawfordsville Weekly Journal Friday, 27 March 1896
It is reported that Dan Keller and wife, of Wolf Creek Falls, will repair and move into the Seybold house, near Stringtown, Parke County (*Fountain County). Dan has decided to re-embark in the stock business. He will also do a little farming “on the side.”
Source: Crawfordsville Weekly Journal Friday, 4 December 1896
The following weird story comes from the wilds of Parke County:
The Clara Shanks murder case, which resulted in one of the most sensational trials ever held in the Vigo Circuit Court, has broken afresh in Parke County. The latest developments are interesting in the extreme.
Mrs. Elizabeth Shanks and Mrs. L. J. Keller, mothers respectively of the murdered girl and of Dan and Maggie Keller, met by chance one day this week at the junction of the roads near the Shanks residence. They immediately became involved in a quarrel; both being keenly sensitive of their troubles and an exciting encounter was the outcome. Mrs. Keller seems greatly troubled over the departure of her daughter, Maggie, who it is said was recently compelled to leave the neighborhood because of public sentiment, while Mrs. Shanks has a gloom of despondency hanging over her caused by the loss of her daughter which seems to be a fire that cannot be quenched.
The encounter of the two women has served to further agitate the bitterness, already existing in the community, and in this high state of excitement the people have now been fanned to a fever heat by a report that the spirit of the murdered girl is seen to walk nightly about the mournful scenes of Wolf Creek Falls, a fitting scene for murder, one can easily conjure of the curdling picture of the woman in white, who is now said to flit about the falls by night, ever and anon disappearing in the pool where Clara Shank’s dead body was found. So profound an impression has the report created and so many reliable witnesses have been found, who solemnly aver that they have seen this nocturnal specter, that there are few brave enough to risk a trip by there after dark.