The Murder Trial of Joseph Weismantel in Defiance, 1882

On December 5th, 1881, in the Wabash Saloon at the corner of Jackson and Fifth Streets in Defiance, John Miller was shot in the back by Joseph Weismantel.  Miller died soon after being shot. When the Grand Jury met in January, 1882, Weismantel was indicted on a charge of murder.  Joseph was about 24 at the time and still living with his parents, Francis and Rosalia Weismantel on Washington Street in Defiance.

The trial began on May 3, 1882, in the Common Pleas court, with the first day dedicated to jury selection.  These twelve men were eventually chosen to hear the case:

Joseph Saunders, Delaware; John Conkle, Henry Amaden, and George Green of Milford; George W. Ury and Andrew Scott of Washington; Philip Young and Robert Kepler of Richland; Henry White of Defiance; O. B. Partee and John G. Steever of Tiffin; M.S. Porter of Highland.

The Prosecutor, Mr. Enos, noted in his opening statements that this was only the second case of its kind in the county since the county was organized.  

John Miller once owned the Wabash Saloon and had sold it to John Richter; however, it was well known that John Miller still frequented the place.  Prior to December 5, Weismantel and Miller had a disagreement because of an alleged intimacy between Weismantel and Miller's wife.  The prosecution alleged that Weismantel went to the saloon, armed and ready to meet Miller.

The defense declared that the shooting was a matter of self-defense since Miller was threatening Weismantel.  The jury quickly visited the saloon before witnesses were called for the prosecution. The first witness, Barney Frank, testified to the layout of the bar and its adjacent washroom, and although hearing the shot, did not see the shooter.  Michael Zook described what happened up to and including the shooting:

"I reside in Defiance, on the evening of December 5, Weismantle and myself started from Weismantle's house and went over to Richter's; when we got in I saw Miller in the bar-room; Weismantel call for the beer and after we had drank it, Weismantle said to Richter, that man there, pointing to Miller, is laying for me, I want you to protect me; they started out towards the washroom together, when Miller called to Weismantel that he wanted to see him; Weismantel did not stop, and Miller started toward Weismantel, (who) ran away from him and went into the washroom; my attention was first called to Miller when we were at the counter.

Under cross-examination, it was learned that Miller reached out to grab Weismantel who started to run out the back door.  The bar owner, Richter, had Miller, but he slipped away.  The he heard the shot fired.

Character witnesses came in droves.  Anthony Sage said that "when Miller was sober, he was a quiet man, but when intoxicated, he would pick a quarrel and fight; Weismantel has always been a very quiet boy ever since I've known him; his reputation for being a well behaved boy is good.  Miller was a stronger man than Weismantel.  Frank Rau testified that he heard Miller say that he wanted to fix Weismantel and that night Miller had a club under his coat about 1 1/2 inches square.  Rau told Weismantel about it. Apparently, the two - Miller and Weismantel - had had a previous verbal altercation in another saloon, the Occidental, earlier that week.  There James Miller heard John Miller threaten to kill Weismantel and Wm. Palmer heard Miller say he would cut Weismantel's heart out.

The police testified to their dealings with Miller and it wasn't good.  Others spoke to their fights with Miller and how he kicked them, punched them in the eyes, and broke noses.  Thomas Hilton said that Miller's wife and children had a hard time of it.  Quarrels could often be heard from the home and well as physical incidents.

Finally, it was time for Joseph Weismantel to testify in his defense. 

"I am the defendant in this case; on the evening of December 5th, Mike Zook went to the Wabash House, and stepped up to the bar; we first went to the American House to see a sick man; from there we went to the Wabash House; we entered by the front door, as we came up to the bar, Joe Richter came up and shook hands with me; as he came up, I first noticed Miller in the saloon; I said to Richter give us some beer and I will pay you for it when I come in again;

While we were drinking, Mr. Miller moved from his position around to the front door and I became uneasy and asked Richter to take me back into the back room, as I was afraid; we started for the back room and Miller started towards us saying he wanted to see me; I replied that I did not have time; Richter then said that he wanted no fighting in his house;  Miller then struck at me over Richter's shoulder; I turned and ran and Miller followed me; when at the wash room door, he caught hold of me and swung me around; he then braced himself between the door and myself;

and I thought he was in the act of drawing a knife; I then reached in my pocket and drew my revolver, and as I was in the act of cocking it, it went off; when I left the saloon, I started on a run and went to the veneering factory where I told the watchman what I had done; I went from there to Hengstler's store, then to Squire Baker's office, then to Mr. Sutphen's office and then to the jail;

I did not as a rule carry a revolver, but as I had expected to go away that afternoon, I had put it in my pocket; I had owned the revolver over three years; I had been told by my friends that Miller was looking for me to break my d----d neck or break my head; Frank Rowe and Jack Lawler told me that Miller had threatened to kill me.

Miller said to me at the Occidental Saloon that he would fix me; I tried to get away from Miller at the Wabash House because I was afraid for my life; I made an attempt to get out of the door, but he prevented me going; I had known Miller for about three years; I had heard of his being a quarrelsome man; I once saw him with a billy (club); he said that it came in handy sometimes; he said that he used it the day before on a farmer; I did not know that Miller was in the saloon."

To be continued...