The Jackson standard. [volume] (Jackson C.H., Ohio) 1847-1888, 1883-05-24
8 EsTABLIsHEDIN
Z MARCH. 1S47.


stood guard over the prisoners, from the
conclusion of the hearing until aftel
breakfast the next morning, when they
started with them to jail. When neal
town they. were overtaken by messen.
ger, who informed them, that crowd
morning, dragged the mill pond, and
found the old mans body sewed up in
quilts with heavy stones inside. and his
throat cut from ear to ear. Upon hear
ing this-aS Constable Leech testified on
the trial-Big Nelse said, "That beats
hell There's more proof" At this
Juncture, Leech, apprehending an attempt
hold on the prisoners"
After the body was found. an affidavit
was made by some one before Justice
Fouty, charging WinchelPs widow, his
daughter Angeline Matthews, the yankee
Justus Benson, and Chauncey, Israel and
John W1nchell with participating in the
murder.
They sent to town for an attorney to
defend them. 1t was a cold day. bad
roads and was late in the afternoon. 1t
was determined between Messrs. DUNCAN
Hoffman and yourself, that I should 60
which did. l first went to the house of
Justice Fouty, where, l was informed
house to hold the examination. 1 reached
the house shortly after dark, and found
there a crowd, should think, of two or
three hundred people.
Two beds were standing in the back
part OF the room-in which the examina-
tion took place-one in each corner, stand
ing foot to foot, with a space of six OF
seven feet between, and a board laid
across from the foot of one bed to the
other. On this board lay the corpse of
old Dan Winchell-his head almost cut
off-half dozen deep stabs in his breast
and abdomen, and an equal number upon
his back and shoulders, and the fingers
upon both hands cut to the bone-proba-
bly, caused by grasping the knife with
which he was assailed, and having it
drawn through his hands. 1t was most
CHASTITY sight.
The Winchell family kept a doggery. in
a little shanty that stood few feet back
OF the house, and while the examination
was going on, the old woman repeatedly
went back to the doggery, and sold whisky
to persons present.
The examination lasted until midnight
and ended in the discharge of the parties
there under arrest, there being no proof
against them.
A few days afterwards, Judge Trip
had the Yankee, Justus Benson, and the
three younger Winchells arrested and
placed III Jail for the purpose of OBTAINING
them as witnesses, to be used upon the
trial of Big and Little Nelse Wfnchell,
and Joseph Matthews, the parties under
commitment from Justice Mason, on q
charge of murder. They, (The two Win
chells last named and Matthew'S were in
dicted by the grand jury for murder in
the first degree, and a separate venire of
! thlrty-SlX men was summoned for the
trial of each one of the accused.
Big NelSe was first put upon trial.
Counsel for the State, called and examined
a few of the more important witnesses.
No witnesses were called for the defense,
nor was any cross examination made Of
the witnesses examined by the State !;
counsel for the prisoner acting under the
impression that an understanding had
been reached between themselves and
counsel for the State, under which no
testimony should be offered for the de-
fense, no cross-eXamination made of the
witnesses called for the State, and that
they should state to the jury that they
did not claim. under the evidence, that a
verdict should be returned against the
defendant on trial, for anything less than
murder in the second degree; and that
the counsel for the State should state to
the jury, that they did not claim at the
hands of the jury verdict for anything
more than murder in the second degree.
After the evidence was closed, counsel
for the defendant ascertained that they,
and the counsel for the State had not
properly understood each other, as to the
statement to be made to the jury of their
respective claims. Some contention was
had between the counsel for the State,
and for the Defense as to the terms of the
agreement, but it ended in nothing, as it
was apparent that they had failed to
properly understand each other.
Judge Plyley charged the jury, after
which they retired, and shortly thereafter
came into court with verdict of murder
in the first degree. Big Nelse showed
very little concern, at the verdict render
! ed. His counsel, however, were greatly
embarrassed and perpleXed, by reason of
the situation. They made motion to
the Court to set aside the verdict and for
a new trial, upon the grounds that they
were taken by surprise-that acting upon
| their understanding of the agreement be-
| tween themselves. and the counsel for the
State, they had offered no proof and made
no defense.
1t was apparent from observations
made by Judge Plyley, that he believed
the verdict rendered by the jury was right,
vet he was inclined under the circum-
stances, to grant the motion, but the mat
ter was permitted to stand over until af-
ter the conclusion of the trial of Joseph
Matthews.
He-Matthews-was next placed upon
trial Both the State and defense, intro
duced all their proof. The case was Wig
orouSly fought on both sides, and resulted
in the return, by the jury, of verdict of
murder in the second degree This being
done. counsel for the State expressed a
willingness to accept a plea of murder in
! the second degree. from Big Nelse, as it
was apparent to every one that Matthews
was equally guilty with him, and the jury
after fierce fight, had found him guilty
only of murder in the second degree.
The verdict of the jury was set aside,
/ Tod ftn1. h5o1o n
plea of guilty of murder in the second de-
gree, was rendered by big Nelse, and aC-
cepted by the State.
A plea of guilty of manslaughter, was
also rendered by little Nelse, which was
accepted by the State. And thereupon
the Court sentenced Big Nelse and Mat
thews to the penitentiary for life, and
little Nelse for ten years, the full extent
of the punishment for that offense, as the
| law then stood.
! On the trial, the three young WinchellS
adhered substantially to the statements
| they had made before Justice Mason.
The State, however, proved by Miss Ew-
| ing daughter of the jailer, and Others
that they had overheard the murderers,
who were confined in the second story Of
the jail, telling the young Winchells, who
were confined below, that they must stick
| to the same story they had told before
! Squire Mason.
The statement made by the Yankee, Ben
| son, on the trial Of Matthews, was entire
ly different from that which he made be-
| fore Justice Mason. lie testified in Court,
! that one Of the prisOners-Little Nelse, l
| think-took old Mrs. Winchell to the
house of some one in the neighborhood,
where she went to remain all night. That
| he-BensOn-and the three young Win
chells were requested to go to the house
of Joe Matthews, and stay all night.
That Matthews was away from home ur-
til near morning; that he heard the old
man Winchell shouting Don't murder
| me-" heard him cry "murderw manV times.