The Findlay Jeffersonian. [volume] (Findlay, Hancock County, Ohio) 1870-1881, 1873-08-08

" Ansnds ] ~" Liberty g
4" Delaware O p" Eagle 4
Madison l 4" Union
Jackson i " Blanchard !
Findlay O a" Pleasant Q
d" Marion &" Van Buren |
That the population OF said town
ships are as follows:
/ Orange ll67tCass T59
Washington 1871 Allen 969
Bioiick 1l79'Portace 500
Amanda 1863. Liberty lOII
Delaware 1880. Eagle 1880
Madison 967 Marion 1876
jackson 1909 Blanchard 1894
Findlay 4O73 Pleasant 1886
Marion 99O.Van Buren 80
That said Jurors were not selected
from the body of said county OF the
electors and householders therein &C
cording to the import, spirit and in
tent of the statute of said State in
such case made and provided.
3. That the return of the sheriff to
said vsHirs 1aeias is not sufficient in
law.
6 That in all the said acts of said
sheriff he has shown partiality in f
VOr OF the plaintiff, has sought to EN-.
barrass the defense in this action and
prevent an impartial trial.
Whereupon the defendant prays
iudsInan that the panel may lie
qua5hed.
HENRY Brown,
y. b SHAFEI,
Attorneys for Defendant.
This motion was argued with great
zeal and the conduct ofthe Sheriff and
prosecution denouuced in most bitter
terms.
This motion was also 6JerruIed by
the court and exceptions taken.
After exhausting the panel and ca!l
ing forty taiesmen, the following jury
was selected;
Vim. Hartman, Peter Hosfer, Michael
Glauner, David Bish, Alex. Phillips,
4 J. l.. Hartman. Jacob RUShong,
David Hoy, G. s. Kelley, John Boyies,
Henry Shuler, L. ID. Smith.
The defendant then asked leave to
Withdraw his plea Of 'Not Guilty"
which being allowed by the court, the
defendant filed the following motion !:
The state of Ohio. Plaintiff. =, Jacob GaTiee
! Defendant. Indicted for Murder N the
nrst degree, in Hancock county, and state
OF Ohio.
! And now comes the said jacob
Gartee, in his own proper person, hav
ing been heretofore furnished with a
copy of said Indictment, and moves
the court here TO quash said indie:-
ment for the following reasons, to wif;
Ist. The indictment does not sUfii
cientlv charge the offense of murder
| in the first degree to bring 1t within
the statute in such case made aud
! provided.
Cd. The said Indictment is not sufii
cient IN form to bring the offence
CHARGED within the statute against
murder in the frat degree.
Sd. The said Indictment is not cor
rec,!y endorsed by the foreman of the
Grand Jury.
4th. The record and joint entry
therein does no: show that fifteen
grand jurors composed the jury which
found said Indictment.
5.h. Only fourteen qualified grand
Jurors found said indictment.
9Th. No entry OF said case and the
| finding Of the indictment therein was
entered upon the appearance docket
of said court.
7tb The record does not shOT a
sufficient and legal report of the fied-
inr of said jury. in this, TO wit: TIE
presentment Of the jury is made in the
past tense, whereas, 1t should be made
in the present tense-all which de-
fects are apparent on the face Of the
record.
JACOB GARTEK, Defendant.
RvBRowN and SHAFER, his Att 'ys.
This motion was overruled end the
Clerk ordered to correct up his journal
according to the facts. Exceptions
were taken to this ruling of the court.
Court adjourned after The Judge
bod cautioned the jury in regard TO
abstaining from or listening to any
conversation bearing upon the case.
WEDNESDAY MORNING.
The prosecution commenced the eE
animation of witnesses as follows:
Sarah Bensing Svorn-Lived one
ard : half mile east OF Findlay, at the
tira of my husbands death. My
bnsband. self, two children-David,
aged 2 wears, and Mary 9 months
niece and Jacob Gartee, composed the
family Had been living there cne
year on the 18th OF October last
Have been married over three years.
Formerly lived in Henry county; re
moved from thence to Find'ay, and
from thence to Heck's farm. We were
married September I, 1869. Lived on
Heck's farm, north OF FIndl2y, Q
Ionths. and then removed 10 Skaters
anil miles east OF Findlay- Ir.
BeusinE was choyping wood. Firs'
not Jabob Gar;ee a. Heck's farm two
years ago this summer. lie first made
i. nome Of our house in the tall OF
1872. Mr Bensiug died Feb. p, 1873
IA HancOck county. He had been
hauling corn from Biglick township iol
Nr Skater that day; hauled oneload q
farm. He left home about 3 O'Clock
IN the morning and returned about
o'clcck in the evening. Took sack.
and the team. Mrs. HauPt, my sister
, bis niece, the children and mysel
and Jacab Gartee. the prisoner, were
there. Sabina IYelder Is the niece
E .be had been there about weeks
Sister cane from Finjisy Tuesday
J afternoon before the murder, be
: tore dark had been there every day
as had Mrs Welder- Niece was no
} DOING any thing; sister was doinl
b he bousework. In the afternoon my
s self. sister and G4rtee were shellin.
corn. Mrs. Welder was sick in bed
e she had given birth to child on Mon
= isv previous We got corn at the crib
e Gsrtee and brought corn IRON crit
Commenced about o'clock and shell
= "A SIX bushel baskets tull Slste
2 belped: she Is about I6 years old
Mrs. W. is about %. Gartee ba
j done nothing, as weather was cold an
a snowy. Gartee had been chopin
o | wood for Shafer about ! mile troT
!. the house with Mr.. Beusing. The
had chopped for Mr.. 5. all wintel
y Mr.. B. died On Thursday. Mr.. Carte