Osborn, James - Ellis murder
Source: Crawfordsville Daily News-Review 3 Dec 1900 p 1
The case of the state vs. James M. Osborn indicted for the murder of Samuel Howard Ellis, better know as “Boze” Ellis was called to trial in the circuit court this morning. The tragedy occurred in the Valley las July and was the outgrowth of a brawl which had its origin in the Annable saloon. There was a goodly attendance at the opening session indicating that considerable public interest attaches to the trial. There was some delay in getting started, owing to a tardy juryman and it was 10:45 o’clock when the regular panel filed in and took their seats. Young Osborn, the defendant, appeared upon the scene prior thereto. He entered with a jaunty air and took a seat at the table with his attorneys JM Bailey of Indianapolis and Fred L. Canine. Jail life seems to have agreed with the defendant. When he passed into the keeping of Sheriff Canine he was pale, thin faced and illy clad but now his complexion is clear, he has fleshed up and in a new suit he is not a half bad looking chap. His father and mother, his wife, and Mrs. Esther Williams, a friend of the family occupy chairs at his elbow. The State’s interests on account of the illness of Prosecutor Reeves, are being looked after by WT Whittington and deputy prosecutor McBroom. At the table Pascal Wilkenson and wife, the stepfather and mother of the murdered boy have seats. After the jury had been sworn to answer questions Attorney Whittington begun firing at them queries touching their competency to serve in the case. Then he questioned the first one as to his willingness to inflict the death penalty in case the evidence and the law warranted it. A tremor passed over Osborn and he bit his lips nervously. Mr. Whittington consumed but little over half an hour in his examination and after William Slattery and Fielding Rice had been excused without case and Levi Fisher for the reason that he would not favor the death penalty under any circumstances, the state passed the jury. Mr. Fisher’s stand is accounted for by the fact that he is a believer in the Dunkard faith. Mr. Bailey then took the jury and submitted the candidates individually to a rigid examination. He insisted that they should keep in mind a presumption as to the innocence of his client until the time comes to retire to make up the verdict. He exercised caution also, on the point that in case the evidence should show that Osborn, a married man, was away from home and drinking on the night of the trouble, that this should not be weight against him. Court reconvened at 1:30 p.m. and attorney Bailey continued the examination. The jurymen all denied having ever had business relations with the attorneys on the other side or having ever had murder or any trouble akin thereto in their family circles. The probabilities are that the trial will occupy four or perhaps five days. Judge West has had the middle doors barred in order that the court room may be kept the more quiet. Between 70 and 80 witnesses have been summoned. Of these 20 are state witnesses and all the rest for the defense. Attorney Baily is not familiar with Montgomery geography and this morning he jotted down Juror Harrigan as being from London. After he had asked several questions concerning the metropolis, Mr. Harrigan enlightened the attorney by telling him he was from Linden. Attorney Bailey questioned all the jurors concerning acquaintance with Howard Jeffries. Juror Coons denied ever having been a client of any lawyer. “Lucky man,” exclaimed Mr. Bailey.
Jury Members
Richard Pearlson, Cyrus Thompson, MJ Carroll, Isaiah Hunter – Union Twp
Robert Bratton, Will T. Kise, TH Johnson - Walnut Twp
DC Moore, Allan Byers - Wayne Twp
Daniel Harrigan, Winfred Johnson – Madison Twp
David Elmore – Franklin
The next several papers covered the trial – it seems that Boze with Pete Vantleven and his wife, plus Howard Jeffries had a “Beer Fest” party – after their beer was gone, the party moved to the Annable saloon – they all went out and sat on barrell stave hammocks, Jim Osborn taking the beer faucet forcibly from Mrs. Vantleven then striking Ellis over the head using both hands in delivering the blow When Ellis fell, he struck him again. He also hit Pete Vantleven – then a free for all!
Dailey News-Review 10 Dec 1900 p 1- found guilty of voluntary manslaughter – sent to Jeffersonville prison under an undetermined sentence law.