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John Swartz

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John Swartz

Birth
Richland County, Ohio, USA
Death
11 Sep 1888 (aged 34)
Columbus, Franklin County, Ohio, USA
Burial
Upper Sandusky, Wyandot County, Ohio, USA Add to Map
Memorial ID
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John Swartz

The family had a story that was always told about John Swartz, who is my great grandfather. All aspects of the story told appear to be true based on newspaper articles from that time. Below are the events as reported in the Van Wert Republican newspaper in the spring and summer of 1888. Mark Irwin

April 19, 1888 – A MURDER

In Union Township John Green shot in the Breast and Dies in a Few Days.

On last Saturday evening a man named John Swartz shot and fatally injured his brother-in-law, John L. Green, who resided in the south-west part of Union township. The facts in connection with the affair, as near as we can learn them are as follows: Green, who is represented a being of quarrelsome disposition, had been in the habit of abusing his wife who is a sister of Swartz, and lately had struck his wife in the face and knocked out two of her teeth. Mrs. Green appealed to her brother, and declared her intention of leaving her husband, as her life with him was becoming unbearable. On last Saturday she saw Swartz and made arrangements to go to his home. Swartz came to Van Wert, and in the evening went to Convoy, procured a revolver, and proceeded to Green's house. It appears that Green and Swartz were not on the best of term, as the latter had been a witness against the former in a law suit some time since, and Green is reported to have made threats against Swartz' person or property. When Swartz arrived at Green's residence he found the family had retired, and on being aroused Green called to know who was there, and on learning that it was Swartz, he started to the door threatening to fix him. Swartz says that Green had a gun, but Mrs. Green thinks he had an axe in his hand. Any way it was touch and go. Swartz fired at him, the ball striking him in the breast and inflicting a fatal wound. Swartz was arrested and brought to Van Wert. Green died on Tuesday evening. Public opinion seems to be divided as to the degree of guilt attached to the crime, but we give the facts as near as we can learn, and leave the verdict to the courts.

April 26, 1888

John Swartz, who is in jail for shooting his brother-in-law, has retained H. G. Richie as his counsel. Dr. R. L. Crooks, of Convoy, has been appointed administrator of the estate of John Green deceased.

May 3, 1888 – Manslaughter

The Grand Jury in the case of John Swartz who killed John L. Green a few weeks ago, found an indictment for manslaughter. The bond was fixed at $1000. Alex. Hamilton, of Convoy, and A. C. Hunt, of Nevada, O., brothers-in-law of the prisoner, went on the bond. The time of the trial will be fixed one week from today.

May 10, 1888

The time for the Swartz trial will be fixed by the court this afternoon.

May 24, 1888 – SWARTZ

Now on Trial for Killing His Brother-in-Law, John Green

Van Wert County Common Pleas Court convened Monday, and at 2 o'clock p.m. as had been previously announced, the Swartz case was called. This case has created considerable talk, and a large crowd has constantly been in attendance. No trouble was realized in obtaining a jury which was made up of John Johantgen, Alfred Longwell, Hugh Davis, Gotlieb Mohr, George Miller, Wm. Ayers, Thoas. A. Alban, J.S. Baxter, John Whyman, Tobias Miller, Wm. Wright and Henry J. Trame. Prosecutor A.L. Sweet secured the services of J.L. Price of Lima, to assist in conducting the prosecution. Alexander & Darnell and H.G. Richie are the defendant's attorneys. Miss Mary A. Winland, of Defiance, stenographer. About twenty witnesses were examined Monday and Tuesday by the State, and late Tuesday evening the defence was begun. Wednesday morning the widow of Green, and sister of the defendant, was called to the witness stand and gave some very important testimony. She testified that her deceased husband at one time threated to chop her and her children to pieces with an ax, provided Swartz did so and so. The defendant was called to the stand at three o'clock p.m. Only a few other witnesses were examined. The attorneys will argue their cases before the jury today.NOTES Mrs. Green was on the stand about three hours. About 50 people from Convoy attended the trail. Over one hundred and twenty witnesses were subpoenaed. Ten witnesses came from Nevada, Ohio, Swartz's old home. The Court House is crowded today, listening to the arguments. The court gave Prosecutor Sweet permission to open some cartidges, provided he took them outside the building. Judge Day has a nice way of settling disputes between the attorneys. His decisions are always satisfactory and given in a nice gentlemanly manner.

May 31, 1888 – SWARTZ GUILTY

Last Thursday and Friday the attorneys made their pleas to the jury in the Swartz case, and on Saturday morning the Judge made a twenty minutes, charge to the jury, after which they retired to their room, and in two hours returned with a verdict, "Guilty as found in the indictment." One of the jurymen was taken sick Thursday night and court had to adjourn until Friday noon, at which time, he was able to be present, but had to lie down to hear the arguments and charge. This case occupied about the entire week. The attorneys for the defence have filed a motion for a new trial, but as the Judge had to open court in Celina last Monday, he will not hear the testimony until the 26th day of June. A $1500 bond was the condition of Swartz's release in the mean time.

June 28, 1888 – Swartz Sentenced

Last Tuesday was the day set by the Court to hear the motion for a new trail. The motion for a new trial was based on newly found testimony and errors in the Judge's charge. Tuesday afternoon and Wednesday forenoon were occupied by the attorneys arguing the motion. Richie and Alexander for the defendant, and Sweet for the State. Yesterday at half past one o'clock the Judge rendered his decision on the motion, which, after reviewing the subject matter involved, declared the motion overruled. Attorneys for the defense gave notice that they would file a bill of exceptions, with a view of taking it up to the Supreme Court. John Swartz, the prisoner, was then commanded to stand up, and was asked if he desired to state any reasons why sentence should not be passed upon him. Swartz said that he had nothing to say. Thereupon, the Court went on to state that he had had a fair and impartial trial, that he had been defended, by able attorneys, and that he was fortunate that the grand jury did not indict him for a higher crime, and that it was only the mitigating circumstances surrounding the affair that induced the Court to show any mercy whatever. The Court then sentenced him to the Penitentiary for a term of three years.

Off to Columbus

Sheriff Tudor took John Swartz to the Ohio Penitentiary Thursday, to serve his three year's sentence.

July 5, 1888

John Swartz was assigned to the department in the penitentiary where they manufacture iron nuts. Sheriff Tudor collected all the costs from the State, which amounted to $809.37, hence the trial of Swartz didn't cost the county a solitary cent. Since A.L. Sweet has been Prosecuting Attorney, the county has not been to much expense in prosecuting criminals, as he seldom prosecutes without being able to convict. The county never had a better Prosecuting Attorney than A.L. Sweet.

ADMINISTRATOR'S SALE

In pursuance of an order of the Probate Court of Van Wert County, Ohio, I will offer for sale at punlic auction on Saturday the 21st day of July, A.D. 1888, at one o'clock p.m., at the door of the Court House in Van Wert, Ohio, the following real estate, situate in Union Township, Van Wert County, Ohio, to-wit: The north-west quarter of the north-east quarter of section thirty (30), township one (1) south, range two (2) east in said county. Also the south-west quarter of the north-east quarter of section (30) in said town, range and county. Also the north-west quarter of south-east quarter of said section thirty (30). Also eleven and one-half (11 ½) acres of the east side of the north-east quarter of the south-west quarter of said section thirty (30); the last above described tract of land being twenty-three and one hald (23 ½) rods wide east and west and eighty (80) rods long north and south. All of said land will be sold free of dower. The three first described tracts of land are appraised at $900 each, and the last described tract at $258.75. Terms of sale:-One-third cash on day of sale, one-third in one year and one-third in two years from day of sale. The deferred payments to bear six per cent interest and to be secured by mortgage on the premises sold.R.L. Crooks Administrator of John L. Green deceased.
June 21, 1888-4w

September 6, 1888

A petition is being circulated around town asking for the pardon of Swartz. The people generally are signing it.
John Swartz

The family had a story that was always told about John Swartz, who is my great grandfather. All aspects of the story told appear to be true based on newspaper articles from that time. Below are the events as reported in the Van Wert Republican newspaper in the spring and summer of 1888. Mark Irwin

April 19, 1888 – A MURDER

In Union Township John Green shot in the Breast and Dies in a Few Days.

On last Saturday evening a man named John Swartz shot and fatally injured his brother-in-law, John L. Green, who resided in the south-west part of Union township. The facts in connection with the affair, as near as we can learn them are as follows: Green, who is represented a being of quarrelsome disposition, had been in the habit of abusing his wife who is a sister of Swartz, and lately had struck his wife in the face and knocked out two of her teeth. Mrs. Green appealed to her brother, and declared her intention of leaving her husband, as her life with him was becoming unbearable. On last Saturday she saw Swartz and made arrangements to go to his home. Swartz came to Van Wert, and in the evening went to Convoy, procured a revolver, and proceeded to Green's house. It appears that Green and Swartz were not on the best of term, as the latter had been a witness against the former in a law suit some time since, and Green is reported to have made threats against Swartz' person or property. When Swartz arrived at Green's residence he found the family had retired, and on being aroused Green called to know who was there, and on learning that it was Swartz, he started to the door threatening to fix him. Swartz says that Green had a gun, but Mrs. Green thinks he had an axe in his hand. Any way it was touch and go. Swartz fired at him, the ball striking him in the breast and inflicting a fatal wound. Swartz was arrested and brought to Van Wert. Green died on Tuesday evening. Public opinion seems to be divided as to the degree of guilt attached to the crime, but we give the facts as near as we can learn, and leave the verdict to the courts.

April 26, 1888

John Swartz, who is in jail for shooting his brother-in-law, has retained H. G. Richie as his counsel. Dr. R. L. Crooks, of Convoy, has been appointed administrator of the estate of John Green deceased.

May 3, 1888 – Manslaughter

The Grand Jury in the case of John Swartz who killed John L. Green a few weeks ago, found an indictment for manslaughter. The bond was fixed at $1000. Alex. Hamilton, of Convoy, and A. C. Hunt, of Nevada, O., brothers-in-law of the prisoner, went on the bond. The time of the trial will be fixed one week from today.

May 10, 1888

The time for the Swartz trial will be fixed by the court this afternoon.

May 24, 1888 – SWARTZ

Now on Trial for Killing His Brother-in-Law, John Green

Van Wert County Common Pleas Court convened Monday, and at 2 o'clock p.m. as had been previously announced, the Swartz case was called. This case has created considerable talk, and a large crowd has constantly been in attendance. No trouble was realized in obtaining a jury which was made up of John Johantgen, Alfred Longwell, Hugh Davis, Gotlieb Mohr, George Miller, Wm. Ayers, Thoas. A. Alban, J.S. Baxter, John Whyman, Tobias Miller, Wm. Wright and Henry J. Trame. Prosecutor A.L. Sweet secured the services of J.L. Price of Lima, to assist in conducting the prosecution. Alexander & Darnell and H.G. Richie are the defendant's attorneys. Miss Mary A. Winland, of Defiance, stenographer. About twenty witnesses were examined Monday and Tuesday by the State, and late Tuesday evening the defence was begun. Wednesday morning the widow of Green, and sister of the defendant, was called to the witness stand and gave some very important testimony. She testified that her deceased husband at one time threated to chop her and her children to pieces with an ax, provided Swartz did so and so. The defendant was called to the stand at three o'clock p.m. Only a few other witnesses were examined. The attorneys will argue their cases before the jury today.NOTES Mrs. Green was on the stand about three hours. About 50 people from Convoy attended the trail. Over one hundred and twenty witnesses were subpoenaed. Ten witnesses came from Nevada, Ohio, Swartz's old home. The Court House is crowded today, listening to the arguments. The court gave Prosecutor Sweet permission to open some cartidges, provided he took them outside the building. Judge Day has a nice way of settling disputes between the attorneys. His decisions are always satisfactory and given in a nice gentlemanly manner.

May 31, 1888 – SWARTZ GUILTY

Last Thursday and Friday the attorneys made their pleas to the jury in the Swartz case, and on Saturday morning the Judge made a twenty minutes, charge to the jury, after which they retired to their room, and in two hours returned with a verdict, "Guilty as found in the indictment." One of the jurymen was taken sick Thursday night and court had to adjourn until Friday noon, at which time, he was able to be present, but had to lie down to hear the arguments and charge. This case occupied about the entire week. The attorneys for the defence have filed a motion for a new trial, but as the Judge had to open court in Celina last Monday, he will not hear the testimony until the 26th day of June. A $1500 bond was the condition of Swartz's release in the mean time.

June 28, 1888 – Swartz Sentenced

Last Tuesday was the day set by the Court to hear the motion for a new trail. The motion for a new trial was based on newly found testimony and errors in the Judge's charge. Tuesday afternoon and Wednesday forenoon were occupied by the attorneys arguing the motion. Richie and Alexander for the defendant, and Sweet for the State. Yesterday at half past one o'clock the Judge rendered his decision on the motion, which, after reviewing the subject matter involved, declared the motion overruled. Attorneys for the defense gave notice that they would file a bill of exceptions, with a view of taking it up to the Supreme Court. John Swartz, the prisoner, was then commanded to stand up, and was asked if he desired to state any reasons why sentence should not be passed upon him. Swartz said that he had nothing to say. Thereupon, the Court went on to state that he had had a fair and impartial trial, that he had been defended, by able attorneys, and that he was fortunate that the grand jury did not indict him for a higher crime, and that it was only the mitigating circumstances surrounding the affair that induced the Court to show any mercy whatever. The Court then sentenced him to the Penitentiary for a term of three years.

Off to Columbus

Sheriff Tudor took John Swartz to the Ohio Penitentiary Thursday, to serve his three year's sentence.

July 5, 1888

John Swartz was assigned to the department in the penitentiary where they manufacture iron nuts. Sheriff Tudor collected all the costs from the State, which amounted to $809.37, hence the trial of Swartz didn't cost the county a solitary cent. Since A.L. Sweet has been Prosecuting Attorney, the county has not been to much expense in prosecuting criminals, as he seldom prosecutes without being able to convict. The county never had a better Prosecuting Attorney than A.L. Sweet.

ADMINISTRATOR'S SALE

In pursuance of an order of the Probate Court of Van Wert County, Ohio, I will offer for sale at punlic auction on Saturday the 21st day of July, A.D. 1888, at one o'clock p.m., at the door of the Court House in Van Wert, Ohio, the following real estate, situate in Union Township, Van Wert County, Ohio, to-wit: The north-west quarter of the north-east quarter of section thirty (30), township one (1) south, range two (2) east in said county. Also the south-west quarter of the north-east quarter of section (30) in said town, range and county. Also the north-west quarter of south-east quarter of said section thirty (30). Also eleven and one-half (11 ½) acres of the east side of the north-east quarter of the south-west quarter of said section thirty (30); the last above described tract of land being twenty-three and one hald (23 ½) rods wide east and west and eighty (80) rods long north and south. All of said land will be sold free of dower. The three first described tracts of land are appraised at $900 each, and the last described tract at $258.75. Terms of sale:-One-third cash on day of sale, one-third in one year and one-third in two years from day of sale. The deferred payments to bear six per cent interest and to be secured by mortgage on the premises sold.R.L. Crooks Administrator of John L. Green deceased.
June 21, 1888-4w

September 6, 1888

A petition is being circulated around town asking for the pardon of Swartz. The people generally are signing it.


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  • Created by: Mark Irwin
  • Added: Jul 15, 2012
  • Find a Grave Memorial ID:
  • Find a Grave, database and images (https://www.findagrave.com/memorial/93643438/john-swartz: accessed ), memorial page for John Swartz (6 Aug 1854–11 Sep 1888), Find a Grave Memorial ID 93643438, citing Emanuel United Church of Christ Cemetery, Upper Sandusky, Wyandot County, Ohio, USA; Maintained by Mark Irwin (contributor 47205706).