ELLIS, Howard - 1900 - Montgomery InGenWeb Project

Samuel Howard Ellis, commonly known as Howard or “Boze” Ellis, died yesterday morning some time after four o’clock from the result of a blow on the head, the blow having been administered presumably by James Osborne, a young man employed by Joe Goldsburg.

It was about eight o’clock Sunday morning when two small boys, Emery Luse and Billy Galey, started for Martin’s dam to take a swim. They left the Lafayette Pike at its junction with the small road which runs down to the ice houses and cut across the weed patch in the angle between the highways. When within ten feet of the little road leading to the dam they fairly stumbled upon the body of a young man lying face upward in the weeds. The face was black and swollen and on the lips was froth, the spectacle being a terrifying one to the little lads, who scurried back the way they came to give the alarm. The word was telephoned to town and Coroner Keegan was soon on the scene, quite a large crowd gathering from the neighborhood and riding out from town. The body was soon recognized as that of Howard Ellis, and word was sent at once to his mother, Mrs. Paschal Wilkinson, of 704 Covington Street. Almost frenzied with grief she arrived on the scene and her cries of distress and agony were heart rending. She begged that the body be taken to her home and in conformity with her wishes the coroner ordered that the inquest be conducted at the Wilkinson home.

It was soon ascertained that quite a number of people had been present when the young man received his death blow, and the police at once began to round them up to give testimony at the inquest. The first witness called was Howard Jeffrey. Jeffrey testified that late Saturday night, he, together with the deceased, and Pete VanLeven and wife went out in Fullen’s pasture, just this side of the Sperry Bridge, to drink a keg of beer they had ordered left there. This festival was concluded along about three o’clock in the morning and the party then started for the “second valley” beyond the bridge. Along about half past three o’clock they came up to Charley Anable’s saloon and saw there Anable, Jim Osborne, Jerry Bob (Frank) Osborne, Ed Reynolds and Bill Hardacre. Jim Osborne and two or three others were sitting in a trap, and when the witness and his friends came up, Jim leaped from the vehicle and seizing the big beer faucet which Mrs. VanLeven carried, he viciously struck Ellis on the head with it. Ellis fell to the ground and witness ran up to interfere but was struck by Osborne. Ellis was struck twice but soon got up and walked away. He said that his head hurt him very much and that he believed that he would go home. He started in that direction, the saloon being quite a distance north of the spot where the body was found. After Osborne had struck Ellis the second time he ran off up the hill and was seen no more.

Mrs. Pete VanLeven told of the beer festival in the pasture and of the arrival at or near the Anable resort where the Osbornes and others were congregated. She said they stopped to talk and that suddenly and wholly without provocation, Jim jumped from the trap and snatched from her hand the big faucet, (Mrs. Pete carried a large sized faucet as some people carry cork screws). With this ugly implement he struck Ellis twice on the head, using both hands when delivering the first blow. When interfered with by her husband and Jeffrey he ran off up the hill and disappeared. Ellis was not seriously hurt she thought, and accordingly when he said his head hurt and that he believed that he would go home she did not think it necessary for anyone to accompany him. He turned about and started toward town.  (*more told of the murder in newspaper article)

Source: Crawfordsville Weekly Journal Friday, 7 December 1900

Last Monday in the circuit court the case of the state vs. James Osborne was called for trial. The indictment charged Osborne with murder in the first degree. On Sunday morning, July 15th, the dead body of Howard Ellis was found lying on the road side near the valley saloons. He had been on a carouse with a party of friends the night previous and these friends testified before the coroner that during a fight he had been struck on the head with a beer keg faucet in the hands of James Osborne. Osborne was arrested on the Sunday of the murder and has since been in jail.

Osborne is a married man; 27 years of age, and prior to the killing of Ellis did not sustain a bad reputation. He worked at Goldberg’s junk shop and had never been arrested or in trouble until the Sunday he was place in custody for killing Ellis. Ellis was a young boy, hard working and industrious, but inclined to ‘mix’ when drinking.

 

Judge West called the case at 10:45 o’clock, attorneys McBroom and Whittington appearing for the state and J. M. Bailey, of Indianapolis, and Fred Canine for the defense. The regular panel of the petit jury entered the box and, both sides announcing themselves ready for trial, the work of securing a jury to try the case begun. -s

Source: Crawfordsville Weekly Journal Friday, 14 December 1900

The jury in the case of James Osborne charged with the murder of Howard Ellis, was instructed by the court Saturday evening at a quarter of six and at a quarter after eight they were back in the court room ready to report. The bell was not rung and the prisoner was brought up quietly from the jail so that the court room was not nearly full. When the jury filed in it was plain to those who studied their faces that a conviction had been made even if their early return had not been sufficient proof of the fact. Michael Carroll, the foreman, handed up the verdict which read as follows:

“We the jury find the defendant, James M. Osborne, guilty of voluntary manslaughter as charged in the indictment and that his age is twenty seven years.”

When the verdict was read Osborne was sitting right square in front of the jury so close to Allen Byers that he could have reached over and bitten him on the knees. But he didn’t. He was simply stunned, so positive was he that he would be acquitted. The jury was immediately discharged, the defense reserving whatever motions it might have for a later day. When the crowd scattered Mr. Bailey walked over to the defendant and remarked: “Well, Jim, it’s pretty tough.” To this remark, Jim Replied, “You bet it is and it ain’t right either.”

On the way to the jail Jim was quite angry and declared that he had been mistreated. Said he: “I thought all the time that I would get off and why shouldn’t I? I didn’t kill Ellis and had no doubt that the jury would see it that way. I thought they might possibly fine me or send me to jail for a few days, but I never dreamed they would send me to the pen. It makes me dead sore to think that those who did it and who were more in the scrap than I was should get off free. It’s dead wrong.”

The jury disposed of the case quickly after it was given to them. The first ballot stood ten for conviction and two for acquittal but on the third ballot the jurors were unanimous for conviction. When it came to the question of degree three jurors voted for murder in the second degree but they soon came around and voted for manslaughter.

The defense has not as yet determined what will be done. The verdict was no surprise to the attorneys who had anticipated it but some action may be taken in the next day or so looking to the prisoner’s interest. He will be sentenced this week and taken to the Jeffersonville prison as it is reasonably sure that Judge West will not grant a new trial.

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Tuesday James M. Osborne was brought before Judge West and told to stand up and receive sentence. When asked if he had anything to say why sentence should not be pronounced, the prisoner made a few rambling remarks to the effect that inasmuch as nothing he could say would do any good he had no desire to speak. He advanced the theory, however, that it was a pretty tough proposition for one man to suffer for what someone else had done. Judge West said that the jury had failed to see it that way and thereupon proceeded to sentence Osborne to the Jefferson reformatory for a term of from two to twenty one years. The ceremony over the prisoner was again manacled to the deputy and taken back to jail. -s