The Findlay Jeffersonian. [volume] (Findlay, Hancock County, Ohio) 1870-1881, 1873-08-08
The Gartee Trial.
Verdict Of Murder in
the Second Degree
afterEightsHOurs'
Deliberati0n.
GaPfee Sentenced TO
the k1enifentiary
for life.

connected synopsis of the sane, not
~ithstanding small portion appeared
in our last Issue
This cause came on frst TO be heart
on motion to continue Tor want o
material witnesses, which motion is il
the following words:
AFFIDAVIT OF JACOB GARTEE, DEF T
The State OF Ohio, Plaintiff, ~ Jacob Gartee
Defendant. In tine Court Of Common Plea
OF Hancock County and state or ONO.
The defendant herein, Jacob Gar
Lee, makes solemn osth, that ont
Susan Kline of the city of Philsdel-
phia, in the State OF Pennsylvania,
sister of sfflant, and John GaTtee. Q
the county OF K0sciuslso, in the State
of Indiana, brother OF afiant, anC
Mary Smith, formerly Mary S.stsier
and heretofore a resident Of the saI;
county of Hancock, Osio, but now /,
resident Of the State OF Michigan
though IN what county afiiant has thu!
far been unable to learn, and who
has long been intimately acquainted
with effiant, are all material n!.nesse,
for afIiant in this cause, wi.hcl
whose testimony he cannot safely
proceed to the triat thereo', as he a.
advised by his counsel and verify ie
iieves to re true: that lie only
learned Eh2t be could prove by sai0
Susan Kline and John G2rtec and
the mateTiality thereof on the Sll
day OF July, 1873, that Immediate,
thereafter, to wit OF he said G;b ,day
Of July \ B. SAa'ec ali Henry
Brown, attorneys for said sftiart
wrote letter TO said Susan kliae,
| and another letter TO said John Gar
tee informing them OF tHe indictment
! pending against aflllnt, ard the
charge therein act forth, a. we'll as
the time fixed by ssid court for the
trial of said defendant, and on said
Slh day Of July, directed and ad-
dressed said letter SO written 10 said
Sussn Kline at said city of Phji.dei-
phia in saI1 Stale OF PeDusy lyaD;a,
afliaut being unsble to learn The mum
ber, street or particular part OF said
city in which said Susan Kline resi-
ded and placed ssid letter In the post
office at Fin6isy, O, on said 8.h dsy
OF Julv and said attorneys directed
and addressed said other letter, Sc
: written, to said John Gar'ea II E'na
] Green pest Office in sail knsCiuskO
county, Indiana, where said John
Gsrlee resides that ii esch OF sai.:
letters said attorneys fully aud Gear
ly set forth the peIiiOus condition oi
said afiiant and the ma,eria!ity OF the
facts which they knew and they
would swear 10 ia his hebsli, and re-
quested them 20 lay aside every kind
OF business and come 10 FindlSy bj
the 2ls, of July, so as to be witness
es on the tri i OF said cause; that ST.
fiant is now informed by ssid aitOr-
nays that neither said Susan Kline
nor said John Ga,tee has cnne t,
this county or State F.; efliant believes
that they will not come ii time to
testify in this action at the resent
term of this court aId afiiant says
that is is now impossible to pr0car'
their attendance here st the pyesen
term of this court, or toprocure theil
deposition to be taken as provided
for by law that he fully believed uI
to this time :hat they would come t
testify for him at this present term o
court when so requested by him bu
lie now believes they will not come
and he further says they are sbsen
from said county Of Hancock, ani
State of Ohio.
And affiant further says that h.
did not learn whst lie could prove bJ
said Mary Smith, or the msteriali;y o
what he could prove by said MarI
Smith, until shout six O'Clock On Sun
day evening, the 20sh inst and tha
lie does not now know il what psriic
ular part of said State OF MiChisa:
said Msry Smith now is, and sfiisn
Gays he has by his said attorneys ii
he is informed by them, ard believe!
TO be true, made diligent inquiry oil pei
sons in the neighbcrhOod where ssiC
Mary formerly resided. and they ere
not able to learn where she is tba'
since finding cut that she is materi
81 witness he has not been able Il
take any measures, as provided by Law
to procure her deposition, and there
fore has not procured her evidence.
Atfisnt says he hopes snd expects
to procure her attendance at tbit
court. st the mex. term thereof, Il
testify in person for him at the tris
OF this case, if thst cannot be don,
to take her deposition to be used in hi
behalf, and that this sf!1iavit is no
used for delay merely, but for tt,
purpose of justice, and for the pur-
pose OF procuring evidence such 81
may be material for him.
I JAcoB 6ARTEE
Subscribed ard sworn 10 belor
me this 21st day Of July, 1873
PkTER PIFER,
Clerk OF the Court OF Com. Pleas.
PR FEssIoNAL STATEMENT.
;; The State OF Ohio, Us. Jacob Gariee. Indict
4 ment for murder in the first degree, penC
T, ing in Hancock County Common Plea
! State of Ohio.
! The undersigned say that the in
dlciment in this case wss touud b
the Grand Jury of this county, @
? the 2Sth day of May, 1873; that O
l that Gay, or the subsC quens one, the
: were by this court, st ihe request {
e the defendant, assigned as.hIs c0ur
. sci that the offense charged va
E committed on tue 27sh day OF FebTr
z arv lsst, and the preliminary exsmir
4 alton of the defendant wss had O
: the following Monday that pub!i
i sentiment had then indicated ID,
: Mrs. Bensing had been accessory I
d the murder OF her husband, hut :
j, artful had been the part tsken By h.
s list il would he difficult 10 unva
: her criminsli'y without TesOrjing I
i means indepeudanl OF any SC on ht
, part susceptible OF proof, only as Il
same might be ELECTED from sn ops
and free examination into any maItt
D that would throw tiny light or su
o picion on her, unrestrsinsd and I'll
rs checked by the strict rules OF leg
examination. 1t was then believe
til at if Jacob Gar!ee Was to suffer q
penslty for his crime, she, whom
was then believed had made Il
plans thst led to the murder, sbou
:. also be made TO suffer the penalty
d the law. The Prosecuting Attorne
,e and bis then CO. counsel, Mr.. Aar,
( Blackford and NJ D. Shafer,
r, the preliminary examination, shsrr
largely il this public feeling, 81
were Gesirous that tie whole Listo
as ofthis murder, and sll the psriicipau
IN it. should be fully exposed.
!. Thereupou, after tie prisoner b
o heen taken before the magistrate, m 4
prosecution proposed to the defen
that il We would raise no objectio