When the enumerator for the Federal Census entered the village of Delaware Bend in 1910, he found the John P. Wagner family with a paid for home and a lively family of five children at home.
Johan Peter Wagner, a son of German immigrants, and his wife Mary A. Gillium (Guilliaume), of French descent, were 48 and 45 years old, respectively then. Their oldest children, sons Millard and Oddie Orville had moved out.
Left at home in 1910 were Ethel, 18; Mabel, 16; Clarence, 13, Marybell, 10 and Beatrice, 5. Father John worked as a carpenter on houses, and he and Mary had been married twenty-five years. The Wagners were a well-established family in the area.
On Wednesday, July 3, 1911, their lives changed forever. The first reports appeared in the paper before the coroner had finished his inquest:
"VIOLENT DEATH
INFLICTED IN FIGHT NEAR DELAWARE BEND
While returning to Delaware Bend from Sherwood on Monday evening...John Wagner received injuries from which he died on Wednesday evening. Little can be learned of the exact circumstance, but what can be seems to be as follows:
Al Birkmier was at Sherwood with a load of grain and Wagner left town riding on Birkmier's wagon. Some time after this, the latter appeared at The Bend and going to the residence of Rev. Father Thies, told him he had injured Wagner.
Father Thiess got up a relief party and went out along the road and found Wagner with his skull crushed. He never regained consciousness...
Birkmier is now in jail at Defiance but has little to say bearing on the subject and probably won't have until the hearing....'"
(Hicksville Tribune, July 13, 1911)
The above article appeared long after the facts had been ascertained by the coroner and his parade of witnesses that included Carl Fahy, Frank Anderson, Father Thies, Frank Limbaugh, J. P. Eiser, Dr. Reynolds and Dr. Lindersmith, Frank Shindler, and Mrs. Charles Anthony.
Frank Shindler helped set the scene for the tragedy. His testimony was printed in the Defiance Daily Crescent-News on July 11, 1911:
"...on the evening of July 3rd, I (Frank) met Berkmier at Sherwood with a load of sacks; invited me to ride home, got on the wagon, so did Wagner; stopped at Holzer's saloon where Berkmier said he had business and went in, leaving Wagner and myself in the wagon; there were ten or twelve bundles of sacks, some groceries and sugar and some loose lumber, the length of hay racks, in the wagon.
Wagner laid down on the sacks in the rear of the wagon. Berkmier remained in the saloon an hour and I got tired of holding his horses and waiting on him and left the team and walked home along the track. Wagner was lying on the sacks when I left; late in the night I was awakened by Berkmier who came into my house and said, 'Lou, go with me up the road. Jack (John) and I got into a fight; the last time I hit him he was standing up, and he fell off the wagon...he said that Wagner had thrown off his sacks, and that he had caught him as he threw off the last bundle; he then grabbed the sugar when Berkmier said he stopped him."
Berkmier told Shindler that he unhooked the team and both got off the wagon in front of the Anthony house and they had a couple fights. He hooked the wagon back up, but Wagner came at him again, so he hit Wagner so that Wagner fell off the wagon.
Mrs. Charles (Susie) Anthony, who lived two miles west of Delaware Bend, about a one and one-half miles from Sherwood, testified that she was in bed and heard the wagon because her dog barked. She heard someone strike something several times, and heard:
"A man exclaimed, D-- You! You would throw my sacks off the wagon...saw the man walk to the head of the horses and put off the neck yoke, saw this distinctly... that the team was about a hundred feet from the door; that she had a clear, unobstructed view...she heard the rattle of the rings in the neck yoke as he put it back in its place; he then got on the wagon and drove off. "
Susie Anthony didn't know what had happened until the next day when Jake Sailor and Henry Foss of Sherwood came to investigate. Then they saw two pools of blood in the road. Berkmier came to find out what she had heard the night before, but she would not answer his questions,
Dr. Lindersmith was called between 11 and midnight that night to attend to Wagner, finding him lying on the east side of the road, breathing hard. Berkmier showed up and commented that he had to do it.
That was the extent of his explanation at that point.
The body was taken to the Wagner house where Dr. Reynolds was also called. They tried to operate on the head wound, but found the skull fractured. They determined that the wound could not have been caused by a fall, but rather by a pommeling by a blunt instrument, in this case the heavy neck yoke.
On July 20, the Coroner's findings appeared in the Defiance Daily Crescent News on page 1:
"Coroner E. E. K. Chapman has filed his findings in the Berkmier case. His findings are that John Wagner came to his death through violence at the hands of Albert Berkmier, of his own admission, producing a fracture of the temporal and parietal bones of the left side of the skull with accompanying and resulting compression and complication and injury to the brain so as to produce death.
The act was committed the night of July third on the road between Sherwood and the Bend. Death resulted in forty-one hours."
Albert Berkmier, Delaware Bend, was indicted for first-degree murder by the grand jury, but pled guilty to manslaughter which was allowed by the court. The penalty was one to twenty years in the penitentiary. Albert was sentenced to the full twenty years in the Ohio Penitentiary.
Dianne Kline, Researcher





















