SELLEST OSAST
(a.k.a. Bloody Riot)
Our story takes place on March 25, 1899 when our parties are leaving the office of Justice Burgoon, where they just had a case on trial. Our criminal(s) are: John and Paul Zeltner, German Immigrant brothers who shot and killed in cold-blood Attorney E. S. Westenhaver of North Baltimore in Hoytsville, Wood County, Ohio. The murder was a result of money owed to Attorney Westenhaver by the Zeltners' for attorney fees.
The Genealogy Investigator is a reader-supported publication. To receive new posts and support my work, consider becoming a free or paid subscriber.
Newspaper:
The Daily Sentinel-Tribune - Sat. 25 Mar 1899, Page 1
Link: https://www.newspapers.com/image/882570694/?match=1&terms=%22Paul%20Zeltner%22
Clipping:
16 Mar 1899 (Thursday) BLOODY RIOT
Headline: “Bloody Riot”
Rampant in Wood County and Lynching Probable.
Saturday evening, Governor Bushnell in response to an appeal for aid made by Sheriff Kingsbury of Wood County ordered the Toledo volunteers commanded by Captain A. D. James to Hoytsville, Wood County, to prevent mob law.
Conflicting Dates as to WHEN this happened - some state 25 Mar 1899???
The trouble was the outcome of the cold-blooded murder at Hoytsville, Saturday at noon, when E. S. Westenhaver, of North Baltimore, a promising lawyer and Democratic politician, was shot and killed by Paul and John Zeltner. The murdered man was trying a case before the justice of the peace BURGOON in which Zeltners were defendants in a suit for attorney’s fees. After the adjournment of the court John Zeltner demanded certain papers of Westenhaver, Westenhaver had letters in his pocket which the latter refused. Thereupon Zeltner [demanded] drew a revolver and shot the attorney in the arm in the side. As the wounded ran screaming from the room four more shots were fired at him, but none took effect. Westenhaver turned to escape, and as he ran Zeltner fired a second shot and the bullet grazed his head.
Upon turning a corner a few yards away the doomed man ran up against Paul Zeltner, who also had a revolver and opened fire at close range into the fleeing man’s breast the first ball entering his arm and the second shot penetrating the forehead and causing death a few minutes later.
THE SHOT WAS FATAL!
The Zeltners coolly mounted their horses and loaded their revolvers in the presence of an angry crowd. They then rode away toward their home five miles away.
The news spread like wildfire.
W. G. Elliott, of Bloomdale, was in Bowling Green and expected to be present at the office of Justice Burgoon at Hoytsville in the afternoon to testify on behalf of fees to which the latter was entitled in the case on trial. Shortly after the shooting of Mr. Westenhaver he received a telephone message from Attorney E. D.Bloom, also a witness, for some purpose in the case. Mr. Bloom recounted the following story to Mr. Elliott of the terrible affair:
The court had just adjourned for noon, and Mr. Westenhaver, Mr. Bloom and one or two others were standing talking over the matter when Mr. John Zeltner stepped up and asked Mr. Westenhaver for some papers. The latter’s response was that he would give them to him as soon as he was through with them. Without further controversy Zeltner pulled a revolver out and shot Westenhaver in the breast.
The latter ran out of the squire’s office and across the lot, when he fell. Zeltner fired a second shot, which struck him in the arm after he had fallen. A third shot was fired, but whether it struck the already mortally wounded man was not known.
The Zeltner brothers had their horses in a nearby barn. When they had completed their deadly work they ran to their horses, secured them, and struck out into the country.
The particulars of the affair leading up to the lawsuit were in brief as follows: The Zeltners employed Mr. Westenhaver some time ago as counsel in a case which they settled before it came to a final issue.
They refused to pay him for his services. He finally brought suit to recover $100 as his fees. The case was in progress of trial when the terrible shooting affray and murder took place.
Another story of the murder says that the court had convened, sworn into service a jury and one or two witnesses had been examined. Mr. Westenhaver had introduced some papers as testimony in the case, which are said to be the letters that the Zeltners had written to him concerning the previous case.
It appears that the letters were very damaging testimony against the Zeltners, and when the court had adjourned for dinner they asked to be given the letters. Mr. Westenhaver refused them, and John Zeltner drew a pistol and shot at him four (4) times. One bullet struck Mr. Westenhaver in the side, and was the fatal shot. He ran out and fell a short distance from the squire’s office. While fleeing, Paul Zeltner fired several shots at him, one of which struck him in the arm. The Zeltners then jumped on their horses which were not far away, and took to the country.
The outraged citizens quickly grasped the situation and organized a posse started in pursuit.
Deputy Sheriff Andy Roach responded to a telegram calling for the sheriff, and arrived at Hoytsville shortly after noon.
Around 2:30 PM a large posse of citizens from both Hoytsville and Deshler gathered in the vicinity of the Zeltner home. The Zeltners lived about two miles northwest from Hoytsville. When they reached the Zeltners’ home they found it barricaded and the murderers and a hired man armed to fight. Neighbors warned the crowds to keep at a safe distance, as the Zeltners have two Winchester rifles which they threatened to use in case the pursuers approached their place. They refused to surrender and after much parlaying the feelings of the people maddened by the desperation of the men, an assault was made on the house and several volleys from each side were fired. In this one of the posse a young man from Hoytsville, Mr. Clarence Weidmeyer, was shot through the brain and killed by the Zeltner firing.
The Zeltners were fortified, however and held their own. In the meantime the crowd surrounding them had reached hundreds and the excitement was intense. They threatened to lynch the men, and it is this state of affairs that led the sheriff to ask for aid. The company was to reach the scene at midnight. The Zeltners say they will surrender IF given protection from the MOB.
The Zeltners have some reputation as quarrelsome persons and are known to be determined men, as the actions yesterday inculcate. The Zeltner family came to the Bowling Green area five (5) years ago from Germany, where they were German sharpshooters.
The brothers went to the trial fully armed and had ammunition at home for continued fusillades, keeping up constant firing the rest of the day and night while barricaded in the home.
Before the arrival of the troops during the night, a cannon used in shooting oil tanks when they were on fire and a quantity of nitro-glycerine had been secured so there would have been trouble after sunrise if the troops had not arrived. The Zeltner brothers and their families were no doubt saved by the prompt arrival of the troops under the orders of Governor Bushnell.
The Bloomdale militia company reached the neighborhood of the Zeltners home at 1:30 AM. It found the MOB of citizens had pickets posted and were opposing all approaches to the house. On challenge by the captain of the company a reply in the nature of a volley from revolvers was sent. The troops were withdrawn a short distance so that a temporary truce was declared.
It was stated that about 5:30 on Sunday Morning, ex-sheriff Riggs, accompanied by a neighbor named Brown, started towards the house. They walked the distance alone. The Zeltners offered no resistance to their approach and they were admitted to the house.
Mr. Riggs told them that the militia was ready to make an attack on the house and that they would be compelled to surrender and they had better give up peacefully. The Zeltners seemed not disposed at first to give up and said they feared the mob which remained outside of the militia lines. They tried to induce Mr. Riggs to accompany them through the timber, but he refused and they were told they would not be molested if they gave up their arms and accompanied him to the jail. After half an hour’s talk, they finally agreed.
The desperados were captured by the troops, but also protected from violence from the crowd, surrendered to the sheriff on Sunday morning (March 12, 1899), and under protection of the Military were safely landed in the Bowling Green jail, which is a distance of over 20 miles from the Zeltner home.
Two women and four children were also barricaded in the Zeltner home and as a side note the Zeltner transferred their farms and other property a few days prior to the shooting to Mrs. John Zeltner.
The murdered attorney is the grandson of Harry Westenhaver, one of the pioneers of Hocking county.
He was a young man of excellent promise, and the recent law pardner of Mr. Cart Bright of Logan, Wood County, Ohio.
27 Mar 1899 (Monday) LANDED IN JAIL
Newspaper: The Akron Beacon Journal
Monday, 27 Mar 1899 | Page 2
https://www.newspapers.com/image/228092891/?match=1&terms=%22Paul%20Zeltner%22
“LANDED IN JAIL”
Pair of Desperadoes Surrender to OHIO MILITIA
Murdered a Lawyer
Then They Held a Mob at Bay for Several Hours
BARRICADED THEIR HOUSE.
While Entrenched in their home one of the besieging party was shot and killed by one of the brothers who had fortified themselves.
28 Mar 1899 - The Cincinnati Post - Tue | Page 4
https://www.newspapers.com/image/761090582/?match=1&terms=%22Paul%20Zeltner%22
30 Mar 1899
From The Daily Sentinel-Tribune | Bowling Green, Ohio | TH Mar 30 1899 | Page 1
https://www.newspapers.com/image/882570779/?match=1&terms=%22Paul%20Zeltner%22
Headline: $10,000 DAMAGES
Suit Filed by Mrs. Westenhaver to Recover From the Zeltner Brothers
Arsula E. Westenhaver, as administratrix of Elias H. Westerhaver, has filed a suit for $10,000 damages against John and Paul Zeltner for KILLING, maliciously and without provocation, her husband, Elias H. Westenhaver, and thereby depriving herself and Della Westenhaver, her 17 year old daughter, of their means of support. She files the suit in attachment against the property held by the Zeltner brothers. The attachment was served at 8 o’clock last night.
7 Apr 1899- Grand Jury
From: The Daily Sentinel-Tribune | Bowling Green, OH | Friday, April 7, 1899 | Page 1
Link: https://www.newspapers.com/image/882570903/?match=1&terms=%22Paul%20Zeltner%22
HEADLINE:
GRAND JURY REPORT
Five Indictments Found Including Two Against the Zeltner Brothers
The grand jury ended its sitting today at 11 o’clock after a session of five days. During this time 93 witnesses were examined, ten cases considered, five indictments were found and five cases were ignored.
The following are the indictments:
* Charles Smith for burglary and larceny
* Fred Bowlus, for horse stealing
* Adelia Wright, for bigamy
* John and Paul Zeltner, for MURDER; and John and Paul Zeltner for Manslaughter;
11 Apr 1899 - “Not Guilty”
From: The Daily Sentinel-Tribune | Tue, 11 Apr 1899 | Page 4 | Bowling Green, OH
Link: https://www.newspapers.com/image/882570980/?match=1&terms=%22Paul%20Zeltner%22
HEADLINE: “NOT GUILTY”
Said Zeltner Bros. When Arraigned Today - Bowlus Sentenced.
Common Pleas court during a brief intermission this morning at 10:30 had John and Paul Zeltner arraigned for pleading to the indictments returned by the grand jury against them. The indictments charge murder in the first degree and manslaughter, the former for killing Attorney E. H. Westenhaver and the latter for the killing of Clarence Wittenmeyer. After the indictment was read to them, during which time they faced Clerk Baird, they turned to Judge Taylor and in reply to the same each answered “not guilty” to the charges. At the request of their counsel, Attorney E. T. Dunn, the fixing of the time of the trial was deferred till next Monday, when Mr. Dunn will be here again.
At the suggestion of prosecutor McClelland, the court appointed Attorney J.O. Troup to assist in the production.
17 Apr 1899 - Paul Zeltner
From: The Daily Sentinel-Tribune | Bowling Green, OH | Monday, April 17, 1899 | Page 4
Link: https://www.newspapers.com/image/882571086/?match=1&terms=%22Paul%20Zeltner%22
HEADLINE: JUNE FIFTH
PAUL ZELTNER WILL BE TRIED - OTHER MATTERS IN COURT
Common Pleas court resumed business this morning, Judge Schaufelberger, of Tiffin, on the bench. The most of the morning was taken up with the hearing of motions.
Just before noon the Zeltner brothers, charged with murder, were brought into court, with their attorneys, Messrs, Dunn and Ramsey, present. Prosecuting Attorney McClelland elected to try the case of Paul Zeltner first, and the date of trial was set for JUNE 5th. Under the law in murder cases where there are two or more persons involved in the same case, each must be tried separately. The time of John’s trial was not fixed.
16 May 1899 - Jurors
From: The Daily Sentinel-Tribune | Bowling Green, Ohio | Tue, May 16, 1899 | Page 1
Headline:
Additional Jurors Drawn
Link: https://www.newspapers.com/image/882571592/?match=1&terms=%22Paul%20Zeltner%22
The following venire of additional jurors have been drawn, making a venire of 39 men from which to secure a jury for the trial of Paul Zeltner, which is set for June 6:
George W. Girton, Portage.
Mortimer Munn, Bowling Green.
E. F. Metzger, Troy.
Frank Wirick, Bloom.
S. V. Blon, Henry.
A. Hasbrook, Henry.
Charles Zingg, Perrysburg.
Willis Day, Montgomery.
5 Jun 1899 - Trial Begun
From: The Daily Sentinel-Tribune | Bowling Green, Ohio |Monday, June 5, 1899 | Page 1
Link: https://www.newspapers.com/image/882571925/?match=1&terms=%22Paul%20Zeltner%22
Headline: TRIAL BEGUN.
OF PAUL ZELTNER, CHARGED WITH MURDER
Of Attorney Westenhaver, a Hoytville, March 25
Judge Schauffelberger on the Bench
Case called at 10 a.m. - The Day
Occupied in Securing a Jury -
The Prisoner’s Appearance
The trial of Paul Zeltner, the German who, with his brother killed Attorney E. J. Westenhaver at Hoytville on the 25th of last March, was on trial today.
Judge Schaufelberger conducted the trial against PAUL, while Judge Taylor conducted the trial against JOHN. The appearance of Paul Zeltner caused some spectators to stir because he was barely recognizable. When the brothers were taken into custody when they appeared for pretrial hearing, they were dressed in regular farm work-clothes having boots, overalls, and fur caps. When Paul Zeltner appeared in court today he had the resemblance of a country barrister. He wore a neat-fitted suit of black, a shirt with collar, set off with a necktie and his shoes were polished and his mustache waxed with the rest of his face cleanly shaven.
The five jurors were called out and one by one accepted by the court before adjourning for dinner.
Mr. Bobel, of Washington Township was the first juror called. Mr. Bobel did not believe in capital punishment and was excused.
Mr. Withrow, of Plain Township was called. He had formed an opinion from reading the story, but thought evidence could induce him, and he was not opposed to capital punishment. He was accepted.
Mr. Ordway of Bowling Green was third to be called. He had an opinion that he thought made pretty strong evidence and was excused for the cause.
Mr. Mears, Jr. of Portage, Ohio was called. He had not formed any opinions and was not opposed to capital punishment and was eminently qualified to be fair and impartial in his verdict. He was accepted.
Mr. Stacy of Center Township was called. He had formed an opinion, but stated he could render a fair and impartial verdict. He served on Jury in 1897, and was not opposed to capital punishment. He was accepted.
Mr. Shook of Troy Township was next. He formed no opinion and was not opposed to capital punishment. Mr Shook was accepted.
Mr. J. W. Brownsberger, of West, was called. He said that he is not opposed to capital punishment. He said he had formed an opinion, but believed that it could be changed by evidence. He could not enter upon the trial with an unbiased mind. Mr. Brownsberger was excused.
Mr. Deimning of Lake Township was called next. He was opposed to capital punishment, except in extreme cases, but thought that if the testimony was convincing he could find a verdict. Judge Schaufelberger allowed Mr. Deimning to take a seat in the jury box, pending an examination for a defect in hearing.
Next came Frank Van Voorhis, of Montgomery Township. He had formed an opinion. Upon inquiry by Judge Schaufelberger, Mr. Van Voorhis said he believed he could render a fair and impartial verdict. Upon challenge of defense he was excused.
E. A. Barnard, of Bowling Green, was called. He had formed no opinion and was opposed to capital punishment, but believed in enforcing the law. Mr. Barnard was seated.
The Court convened at 1:30 and the matter of securing the jury was resumed.
Judge Schaufelberger announced that he had dismissed Juror Deimning, upon his own request, he fearing that his hearing would interfere with the perfect discharge of his duties as a juror.
Fred Seilschot, of Troy Township was the first juror called in the afternoon. He had formed no opinion and was not opposed to capital punishment. He believed he could render a verdict according to the testimony. Mr. Seilschott was accepted.
Samuel Irwin, of Tontogany, had formed a pretty strong opinion, and did not think he could enter upon the trial unbiased. Mr. Irwin was dismissed for cause.
Frank Le Galley, of Plain Township was introduced. He had formed an opinion he did not believe could be shaken. The court agreed with him and he was excused.
John Isch, of Lake Township, was called. He had read the account of the crime and had formed an opinion, but believed he could render an impact partial verdict. He was not opposed to capital punishment. Mr Isch was passed.
William Sargent, of Liberty township, next came forth and meeting the requirements necessary, was passed.
At this juncture, Attorney John Dunn, of Toledo, arrived. He is a young barrister, but possessed of the the essentials of a good lawyer, and will assist his father in the defense.
W. C. Perrin of Roachton, was next called to the stand and met with the approval of both sides as a juror, and was accepted. He said he believes in the law that presumes a man innocent until he is proven guilty.
Thomas Shinew, of Portage, was next called. When asked if he was opposed to capital punishment, he answered emphatically, “Yes, sir.” He had also formed a strong opinion. Mr. Shinew was excused.
Charles Tyler, of Tontogany, was called. Mr. Tyler was excused for deficiency in hearing.
Up to 2:45 PM nine jurors had been secured and a full jury will doubtless be secured before the day is over.
7 Jun 1899 - Zeltner Trial
From: The Daily Sentinel-Tribune | Bowling Green, OH | Wed. 7 Jun 1899 | Page 1
Link: https://www.newspapers.com/image/882571962/?match=1&terms=%22Paul%20Zeltner%22
Headline:
ZELTNER TRIAL.
STATEMENT OF THE CASE BY DEFENCE
Examination of Witnesses Began Tuesday Afternoon
No Time is Being Wasted and Trial is
Progressing Cautiously - Story in
Brief of the Tragedy Recounted
By Witnesses.
The third day of the trial opened with an increased attendance and the real business of the trial is proving quite a drawing card at the courthouse.
The counsel on both sides are exceedingly wary. Every point is vigorously contested and nothing is left undone. The testimony that the state has brought out thus far is substantially the same story of the crime that was printed in the Sentinel at the time of the commission.
The state has 40 witnesses subpoenaed and the defense has 53. There is no likelihood, however, that all these will be examined, and it is predicted by good authority that the trial will come to an end this week.
Following is the statement in brief of the defense by Attorney E. T. Dunn:
Mr. Dunn described at some length the farms of the defendants and said, “Whether they (the Zeltners) live or die they will be homes for somebody made by their hands.” He went into the history of the case in common pleas court, which involved Contractor Watson against John Zeltner for payment of a claim for work on a house. Mr. Dunn said he expected to show that the case was allowed to go by default after Mr. Zeltner had settled with Mr. Watson, who failed to notify his attorneys of the fact. Following this JOhn received a bill for fees, which he ignored, and the Attorney Westenhaver brought suit in the justice court to collect the fees. Here, Mr. Dunn said, is where Paul first figured in the case. Paul was made a party to the suit and coming to Bowling Green procured a certificate from the clerk of the court showing that he was in no way connected with the contractor’s case, and it was this paper that caused the fatal quarrel. Mr. Dunn then went into the details of the tragedy, which, as may be supposed, was almost an entirely different version than that given by the prosecution.
He said he cared not what the state would show concerning what was done that day, but “the men, acting under the impulse of a mighty passion, caused by their great wrong, knew not what they did. *** And we expect to show by evidence that the defendant is not guilty of murder at all.” Mr. Dunn said that Paul always carried a firearm while yet a resident of Germany, so that it was not unusual for him to be armed on this occasion. He said he also expected to show by evidence that Mr. Westenhaver was in the habit of carrying a revolver, and asserted that he would show that Westenhaver had threatened to use it upon certain occasions. He said this may account for the vigor of the attack on the attorney. In conclusion, Mr. Dunn said:
“Paul Zeltner was a man of whom it might be said that the world was better by his living in it; he was a toller, honest, and did no man an injury; he was a peaceful citizen and not a murderer.
“Murderers.” he added, “are not made of that kind of stuff.”
Mr. Dunn occupied nearly an hour in his statement, after which the court took a 15-minute recess.
Attorney Dunn stated that the defense would endeavor to show that the defendant’s crime was only in the degree of manslaughter.
After the recess the witnesses were sworn and instructed to retire from the court room. Mrs. Arsula Westenhaver and daughter and deputy sheriff Farmer were excepted from this order. The two ladies occupied chairs in the rear of the attorneys for prosecution.
The state took up the case at 3:45 pm, beginning the examination of witnesses with Elmer Spafford, the civil engineer of Bowling Green, who identified the map of the scene of the tragedy and testified as to its correctness. He was not cross-examined. James A. Walker, photographer, of BG, was the second witness called. He testified to having taken photographs on May 25 of the scene of tragedy, and identified the photographs marked “Exhibit B,” “Exhibit C” and “Exhibit D,” as those taken by him under direction of the prosecuting attorney and Engineer Spafford.
E. D. Bloom, practicing attorney of Bloomdale, came next. Mr. Bloon was an eye witness of the first shots fired into Attorney Westnehaver. He said he was in Hoytville on the 25th day of March as a witness in the case of E. H. Westenhaver against John and Paul Zeltner; the trial was being held in the town house. He was present at the time of the noon recess, about 12 o’clock. (Witness designated on the plot presented where Mr. Westenhaver was standing). John Zeltner asked Mr. Westenhaver for some papers. The latter replied that he wold give them back after the noon hour. The papers were some letters that Mr. Westenhaver had written to the Zeltners. Witness was at the east end of the trial table during conversation. John grabbed the lapel of Mr. Westenhaver’s coat and said, “Give me my papers.” He repeated demand twice, and Mr. Westenhaver replied that he would give them back. John at that instant pulled a revolver from his hip pocket and aimed it point-blank at Mr. Westenhaver at a distance of about ten feet.”
Paul Zeltner, who was standing three or four feet distant, said, “Aren’t you going to give him those papers?” At that instant John Zeltner fired two shots. Paul drew his revolver from his hip pocket (witness identified revolver) and fired in the direction of Mr. Westenhaver’s breast. Mr. Westenhaver screamed and ran out of the door pursued by both Zeltners with revolvers in their hands. Witness next saw Mr. Westenhaver running between the town hall and parsonage, still pursued by John Zeltner with his revolver pointed at Westenhaver. He also pointed the revolver at Mr. Westenhaver’s brother-in-law, Ed Sebring, who tried to interfere. Witness heard two shots north of the town hall. He last saw Westenhaver on the sidewalk supported by two men and going toward his home.
In cross-examination Mr. Bloom said he was subpoenaed from Bloomdale to attend the case to testify as to the worth of Mr. Westenhaver’s services in the Watson case, and testified that they were worth $65. In reply to another question by the prosecution Mr. Bloom said he was at the trial as an expert in the matter of fees.
Louis England - residing in Jackson township and acquainted with the Zeltners and Attorney Westerhaver was present at the time of the shooting of the latter. He heart John Zeltner make repeated demands for his papers; Paul Zeltner said nothing at the time. Further testimony of witness on the tragical feature was practically the same as that of Mr. Bloom. Witness said he saw Pual at the court house in Bowling Green on Wednesday previous to the trial. In speaking about the coming lawsuit, Paul said: “What John and I will do Saturday is a secret. Westenhaver will find that our hides are tough.”
Witness repeated practically the same story on cross-examination.
When court convened this morning the examination of the state’s witnesses was resumed.
Stenographer George H. Bassett, of Toledo, was present at the opening this morning. He is assisting Court Stenographer Conley and they are making up the records as the trial progresses.
The first witness examined for the state was John Ewing.
Mr. Ewing - Reside one mile west of Hoytville; was a juror in the case; of Westenhaver vs. Zeltner brothers; heard John Zeltner demand papers of Attorney Westenhaver. (The testimony relating to the quarrel and shooting was in substance the same as pervious witnesses, except that witness said he saw one of the Zeltners purpsing Ed Sebring, brother-in-law of Mr. Westenhaver). There was considerable commotion at the time; helped to carry Mr. Westenhaver home, and the injured man lived about 25 minutes after reading his home; helped to undress Mr. Westenhaver.
Cross-examination - Did not hear Pual Zelnter say anything in the township house.
Charles Mundwiler - Reside at Hoytville; was near the township house at the time of the disturbance; his attention was first attracted by shots in the building; heard three shots in all; saw Mr. Westenhaver run out, pursued by Paul Zeltner; both ran south, followed by John Zeltner; Paul “was nearest to John- within 6 or 8 feet; witness ran as far as the parsonage; there Westenhaver turned east and next saw him emerging from behind the parsonage, followed closely by Paul Zeltner with revolver in hand; Westenhaver was running northwest; turned his course and ran around to the east side of the township house and reached the street, where he fell into the mud; Paul Zeltner ran up and fired directly over the prostrate man. Witness said he tried to run between Paul and his victim and the former said, “Get out of my way or I’ll shoot.”
Cross-Examination - Did not testify before coroner that Paul said “Get out of the way or I’ll blow your brains out.”
O.F. Wansittler - Reside about three miles west of Hoytville; was present at the township hall at the time of the trial as a spectator. Witness told the story of the killing practically the same as previous witnesses. Saw John and Paul fire four or five shots just before Westenhaver fell; witness said John was following within a few feet of Westenhaver and Paul was close in the rear of John; when Westenhaver fell Paul ran up within three or four feet of prostrate man and standing over him fired a shot at him.
Cross-examination - elicited nothing new from the witness.
Sam Hanna - Reside in Jackson township; knew Elias Westenhaver; am a neighbor of the Zeltners; was in Hoytville at the township house when the trouble started. Witness then described the scenes of the shooting about the same as previous witnesses.
Was not cross-examined.
After a recess of 15 minutes, G. F. Snook was summoned.
Mr. Snook - reside in Hoytville; was a constable of the justice’s court during the trial. Witness corroborated mainly the testimony of previous witnesses, and in addition said he saw Pual Zeltner have hold of Mr. Westenhaver’s coat lapel, and the latter said, “Let go of my coat.” He also said that while Paul pursued Westenhaver John kept the crowd back with his pistol; witness tried to stop Paul, and with an oath he fired a shot, but do no know whether the bullet or oath was intended for me or Mr. Sebring, who also attempted to interfere.
On cross-examination, witness said he tried to prevent Paul from firing in to the prostrate body of Mr. Westenhaver. John pointed his revolver at Mr. Sebring and would not allow him to interfere; witness called to Paul not to shoot, but Paul paid no attention.
Arson Thomas - reside in Hoytville; know the principals of the tragedy; was present at the trial; was standing behind Westenhaver when the quarrel began; heard on one shot in the building; John followed Westenhaver out the door and continued pursuit.
Cross-examination - Witness said that the principals appeared to be in good humor. John appeared to grow angry while demanding the paper; reiterates that he heard only one shot, and said he was much excited and he thought the Zeltners were also much excited; did not see Paul after he left the hall; saw Westenhaver fall into the road; and saw Paul fire but one shot at him after he had fallen.
Court adjourned till 1:30 PM.
8 Jun 1899 - State Rested
From The Daily Signal - Middletown, Ohio - Wed. 7 Jun 1899
From: The Daily Sentinel-Tribune | TH 8 Jun 1899 | Page 1
https://www.newspapers.com/image/882571978/?match=1&terms=%22Paul%20Zeltner%22
9 Jun 1899 - In Own Behalf
From: The Daily Sentinel-Tribune | F 9 Jun 1899 | Page 1
https://www.newspapers.com/image/882571996/?match=1&terms=%22Paul%20Zeltner%22
13 Jun 1899 - Arguments
From: The Daily Sentinel-Tribune | Tue 13 Jun 1899 | Page 1
https://www.newspapers.com/image/882572069/?match=1&terms=%22Paul%20Zeltner%22
14 Jun 1899 - Murder in the First Degree
The Daily Sentinel-Tribune | Wed. 14 Jun 1899 | PAGE 1
https://www.newspapers.com/image/882572090/?match=1&terms=%22Paul%20Zeltner%22
16 June 1899 =Expense Murder Trial
The Daily Sentinel-Tribune | Friday, 16 June 1899 | Page 1
https://www.newspapers.com/image/882572141/?match=1&terms=%22Paul%20Zeltner%22
16 June 1899 - Special News
The Daily Sentinel-Tribune | Friday 16 Jun 1899 | Page 4
https://www.newspapers.com/image/882572155/?match=1&terms=%22Paul%20Zeltner%22
Get full access to The Genealogy Investigator at thegenealogyinvestigator.substack.com/subscribe
