THE MESSENGER
(Bellville, Ohio Weekly Newspaper – Published every
Thursday)
August 10,
1899 No. 35
MURDER
Alleged Against John
Smith and Mrs. Mary Aungst.
The Couple Arrested
Near Caledonia
TAKEN TO BELLVILLE
Were the Accused for a
Preliminary Hearing – Story of the Death of Daniel Aungst
Smith Bound Over to the
Grand Jury and Mrs. Aungst Placed Under a $200 Bond to Appear as a Witness.
John Smith and Mrs. Mary Aungst, widow of Daniel
Aungst, were arrested Saturday by Marshall Sell and Deputy Marshal Gatton at
Caledonia, on a warrant charging them with murder in the first degree. They are accused of having murdered Daniel
Aungst May 23 at which time he and Mrs. Smith were living on the Smith farm
about a mile north of town. The warrant
for their arrest was issued from Mayor Stevenson’s court, and the accused were
brought to Bellville and lodged in jail to await a hearing.
An arraignment was had Monday
morning and the preliminary hearing set for Tuesday at 1:00 p.m.
When Daniel Aungst died it was
announced that heart disease was the cause of his death. It was reported that he fell dead on the
porch at his house.
Mrs. Aungst and two others were said
to have been at the house at the time.
Coroner Baughman was called, but the body had already been embalmed for
burial, and as all external appearances indicated that death did result from
natural causes no inquest or post-mortem examination was made.
After Aungst was buried the widow
went to Marion County to live upon a farm in which Aungst had an interest. Smith followed her, and it is reported that
they have since lived together on the farm.
It is said Smith and Mrs. Aungst were intimate friends before Aungst’s
death. The conduct of Smith and Mrs.
Aungst aroused suspicion and investigation has been made, which has developed
some damaging circumstantial evidence.
Daniel Aungst formerly lived on a
beautiful farm of 160 acres two miles west of town, and his wife died leaving
him a child, now Mrs. Marcella Hubbell, of Columbus. Shortly after the death of his first wife he
became acquainted with Mrs. George Shell, a widow with three children, and
married her on a day’s acquaintance. The
100 acre farm was then divided, Mr. Aungst giving his daughter 60 acres of his
richest land and reserving 100 acres for himself. Mrs. Hubbell and husband sold their land and
went to Nebraska, where Mr. Hubbell died.
Aungst and his wife moved to this
place from Marion County last February and conducted the Globe hotel for a
short time. Smith, who is a man of 60
years of age, brought his wife to the Globe house and soon after secured a
divorce from her in probate court, April 24, 1899. Then Smith began paying marked attention to
Mrs. Aungst, for whom he conceived a deep infatuation. About April 1, Aungst and his wife moved to a
farm north of town, and Smith took up his abode at the same place. The husband resented the presence of Smith in
his house and frequent disagreements resulted.
On the 22nd of May Smith informed Aungst and the neighbors
that he was going away on business. The
next day, May 23, Daniel Aungst came to town and stated that he was feeling
unusually well and said of Smith that he wished he would go away and never come
back. Aungst returned home and that was
the last seen of him alive.
Last Thursday morning at 2 o’clock
Smith and the widow were seen to drive up to the farm north of town, where
Aungst and his wife resided at the time of his death. The pair entered the house, which had been
closed since Aungst’s death and carried away some household goods with
them. Their visit at this unreasonable
hour of the night, combined with the statement of three reliable persons
residing near have culminated in the arrest of the pair. They were out driving near Caledonia at 1
p.m. on Saturday and were placed under arrest.
Mrs. Aungst grew extremely nervous and hysterical and pretended that she
was seriously ill and could not go, whereupon Marshall Sell informed her that
the warrant called for her body dead or alive.
Mrs. Aungst then entered the buggy and on the road here she again feigned
serious illness and fainting spells.
Smith tried to soothe the woman by endearing words and caresses. Finally the officers arrived with their
charges and secured supper at the Hotel Lefevre, after which the pair were
placed in jail to await arraignment.
Mrs. Aungst was again taken with a so-called sick spell and Dr. E.
Stofer was called, who found that she was suffering only from nervousness.
The Preliminary Trail
The preliminary hearing of the cases
of Jonathan Smith and Mary C. Aungst charged with the murder of Daniel Aungst,
was heard before Mayor Andrew Stevenson, Tuesday afternoon. The charge being of such a serious nature
long before the time for the hearing to begin the opera house was filled to its
utmost capacity. People from miles
around came, anxious to learn whether or not sufficient evidence would be
brought out in order to bind the prisoners over to court. Prosecuting Attorney W. H. Bowers represented
the state and attorneys Stillwell, of Fredericktown, S. M. Marriott of
Mansfield, and Clark B. Hines, of Bellville, the defendants.
After the reading of the charge, the
court proceeded to swear in the fifteen witnesses for the State. The first witness for the State was Andrew
Clever, who resides one mile north of town and about fifteen rods from the
Aungst house, the scene of the surposed tragedy. He stated that he had seen Smith about the
Aungst premises at various times and that about noon on May 23, the day of
Daniel Aungst’s death, Mary C. Aungst came hurriedly to his home and said she
thought her husband to be dying. Then he
with his wife, together with Mrs. Aungst went immediately to the scene and
there found the lifeless form of Daniel Aungst, stretched upon the porch at the
east side of the house with his head near the banister. Mr. Clever by his testimony said that he at
once started to Bellville for a physician and had gone only a short distance
when he met Dr. Stofer, who at his request turned and went back to the Aungst
residence. Mr. Clever then assisted Dr.
Stofer in carrying the body to a cot in the house.
Mrs. Clever was then called and gave
substantially the same evidence as her husband.
She stated that upon her arrival Mr. Aungst was dead and lying on his
back with his right hand across his breast.
She quoted Mrs. Aungst as saying that her husband had been to Bellville
and just came home a short time before his death. Also, that she supposed Smith to be a friend
of the family, as she had seen him about the premises and on one occasion
hoeing the garden.
Dr. E. Stofer was the next to
testify. He said when he reached the
body the hands were cold and he thought Mr. Aungst had been dead from 30 to 40
minutes. In his hurried examination he
found no marks of violence on or about the deceased’s head, with the exception
of a small bruise near the crown; the manner by which it was caused he was
unable to say. He thought death might have
been due to apoplexy. (Stroke)
Mrs. Jacob Oyster, another neighbor
of the Aungst family next took the stand.
She spoke of being called to the Aungst home and remaining until late
the afternoon of May 23; also, that her attention was called by a neighbor
present to a small three-cornered abrasion of the skin on the head. She thought she saw a small bruise at the
base of the head.
Mrs. Lulu West was next called
for. She stated that on the day of
Aungst’s death she thought she saw Smith driving rapidly past her stepson’s
place toward Bellville. She gave the
information that Smith returned on the 26th, the day after the
funeral.
Joseph West was the next
witness. Upon the day before the burial,
he stated that he viewed the remains of the deceased and noticed a bruise with
water oozing out on the head of the deceased.
By Mr. West’s testimony, Smith stopped at the West home on the day after
the funeral and asked how the folks up the road were getting along. He was then told that Mr. Aungst was dead and
buried, and to this he replied, in what West thought was a joking way, that he
was glad of it.
Chauncey Johns was then put on the
stand. His story in substance is as
follows. In the forenoon of the day of
this occurrence he, not feeling well, decided to take a little pleasure trip
with Lloyd Charles, who at that time was at the Baker mill. He took his seat by the side of Mr. Charles,
rode with him as far as Louis Lanehart’s and walked back. He cut across the fields and came up at the
rear of the Aungst house. He then saw
Smith on the east porch, and a woman whom he was unable to recognize. As he was passing he saw a buggy near the
barn, and thought he heard a horse making a noise within. This was about noon of the day Aungst died.
Albert Zellner testified that he
positively saw Smith on that day, while standing near the watering trough,
north of town, drive in a single rig rapidly down the hill towards town
accompanied by another person. Mr.
Zellner said the time was about 11:40 and that he was positive of Smith’s
identity, as he had seen him almost daily during the time Daniel Aungst kept
hotel in town.
Mrs. Mary Stelts was the next to
testify. She said in part that on the
day of the death she was going about her household duties and, upon hearing a
buggy rattling by, glanced out of the window and thought she recognized Smith,
accompanied by another person, in the buggy.
She said neighborhood rumor had it that the relations existing between
the co-defendants were not entirely proper.
Following is the testimony in main
of Robert Langham, who was a brother of Daniel Aungst’s first wife: On the afternoon of the day Daniel Aungst
died he, with Shannon Steele, drove to the Aungst home and reviewed the remains
of the deceased. He noticed the right
side of the back of the ear was discolored.
Daniel Hubbell, grandson of the
deceased, stated that during the time his grandfather kept hotel in town he, as
also did Smith, boarded with him. He
knew of frequent quarrels his grandfather and stepgrandmother having had, and
one occasion, to his knowledge, his grandfather and Smith had quarreled; also,
his grandfather had told him that Smith was putting deviltry in his wife’s
head. On the evening following his
grandfather’s death he went to view the remains and noticed a discoloration at
the ear.
A. L. Walker then gave in his testimony. He saw deceased in town on the morning of his
death and had a talk with him. Mr.
Aungst said that he was all broken up and had been having words with his wife,
who claimed she was going to leave and go to Marion county to live. The deceased told him that he desired to sell
their farm near Caledonia, and his wife would not sign the deed unless
one-third of the purchase price was paid over to her. Mr. Aungst had told him that “Old Smith” had
put this mischief in his wife’s ear.
Undertaker A. H. Brown testified that upon preparing
the body for burial he discovered no marks of violence on either the body or
the head of the deceased.
O. H. Gurney testified that he saw Daniel Aungst in
town on the morning of his death and had a talk with him. Deceased told him that he had no home and
Smith had broken it up. He also stated
to Mr. Gurney that the contract entered into for the Armstrong place would have
to be broken, since his wife refused to sign the deed for the sale of their
farm near Caledonia.
Deputy Marshal John Gatton was next called upon and
stated that he assisted in making the arrests of Jonathan Smith and Mary
Aungst. The prisoners were found near
Martel at the home of a Mr. Martin, and upon Smith being placed under arrest he
protested his innocence in rigorous tones.
He said he was innocent and could prove his whereabouts on the day of
Daniel Aungst’s death. The Deputy
Marshal said that Mrs. Aungst had called him to her cell Tuesday morning of
this week and ask him if Smith was convicted whether or not she would be
brought into the case.
The last witness for the State was Marshal Levi
Sell. He stated that he, in company with
Deputy Gatton, drove to Marion county and there found the accused parties and
placed them under arrest. At the time of
her arrest Mrs. Aungst became considerably excited and exclaimed “My God, I
have done nothing.” She swooned once on
the road to Bellville and asked Marshal Sell whether the body of her husband
had been taken up and his stomach analyzed.
The defense not placing any witnesses on the stand,
the arguments of the attorneys began.
Attorney Hines made a motion to have the prisoners discharged on the
grounds that the evidence was insufficient to bind them over to court. The motion was argued by Prosecuting attorney
Bowers for the State and Marriott and Hines for the defense. Prosecuting attorney Bowers stated that in
his judgment he thought the evidence insufficient to hold Mrs. Aungst, but on
the other hand, if the court decided to discharge her, he asked that she be
placed under bond for her appearance.
Prosecutor Bowers thought the evidence amply sufficient to bind Jonathan
Smith over to the common pleas court to await the action of the grand jury.
After the evidence was all in and the attorneys had
ceased their arguments, Mayor Stevenson thoroughly and carefully reviewed the
testimony and gave his decision. He
bound Jonathan Smith over to the court without bail, as a charge of murder
demands, and discharged Mrs. Aungst with the requirement that she give bail in
the sum of $200 for her appearance as a witness against Jonathan Smith. Having sufficient property to cover the
amount of bail, she was released on her own recognizance. Smith was returned to jail and taken to
Mansfield Wednesday to await the action of the grand jury. (This would put Smith in Jail on August 9,
1899.)
THE REMAINS OF AUNGST
Exhumed and the Head Removed from the Body.
Examination By Coroner Baughman and Decision Reserved
Until Meeting of Grand Jury, Aug. 28
From the Bellville Messenger
Coroner G. W. Baughman and Dr. W. S. Bushnell drove to
Bellville Thursday morning, for the purpose of making an examination of the
head and body of Daniel Aungst. The body
was taken from the grave, where it has rested since the funeral, May 25. In the Salem Lutheran church yard, two miles
west of Bellville.
Among those present were C. B. Hines, attorney for
Smith, who is confined in the county jail charged with Aungst’s murder; Dr.
Stofer of Bellville; Mayor Andrew Stevenson, of Bellville; Coroner Baughman and
Dr. W. S. Bushnell.
Marshal Levi Sell and Adam Shafer, the sexton, exhumed
the body. The doctors present had
intended to make a thorough examination of the head, heart, and stomach, but
the body was found to be in such a bad state of decomposition that the
examination of the heart and stomach had to be dispensed with. The head, however, was taken from the body
and brought to this city, where Dr. Baughman had it prepared for the
examination.
The examination of the head was made this afternoon at
1:30 by Dr. Stofer, of Bellville, Dr. W. S. Bushnell and Coroner Baughman in
the presence of Prosecuting Attorney Bowers, Mayor Stevenson, of Bellville, C.
B. Hines and F. M. Hess, infirmary director.
A thorough examination of the skull was made by the
doctors who have agreed to reserve their decision according to the wish or
Attorney Hines, for the defendant, and Prosecutor Bowers until they render
their testimony before the grand jury, Aug. 28. – Friday News
THE MESSENGER
(Bellville, Ohio Weekly Newspaper – Published every
Thursday)
September 8,
1899 No. 39
GRAND JURY REPORT
Eight True Indictment for the August Term
Seven Cases Ignored, While There Were Two Sub Rosa
Cases
Three Men indicted for the Miller Burglary – Smith,
Held for Murder, Discharged.
The grand jury which has been in session this week at
the court house brought in the report Friday afternoon. The train on which Judge Wolfe returned home
was late and it was 4:15, o’clock before the jury came in. After the names of the jurors had been called
and each had answered to his name the report was submitted and was read by
County Clerk Beach. The jury was in
session five days, examined over 95 witnesses in 15 cases and returned 8 true
bills, ignoring seven cases.
The following indictments were made public:
Boyd W. Fickes, forgery of note for $75, June 24,
1899.
Cyrus B. Fockler, resisting an officer
Adam Poth for allowing place to remain open on Sunday.
James West, burglary and larceny at Daniel Miller’s
residence, near Lexington, July 15, 1899.
John Chamberlain, burglary and larceny, same date and
place.
John Cunningham, burglary and larceny, July 15.
There were two sub rosa indictments.
The following supplementary report was submitted to
Judge N. M. Wolfe:
We, the grand jurors of the county of Richland, state
of Ohio, for the August term of court of common pleas beg leave to summit this
supplemental report.
We visited the county jail Aug. 31, and were shown
through the same by Sheriff Boals, and
having examined the building, its arrangements, etc., we ask leave to make the
following recommendations:
First, that doors be placed in the outer corridors of
the second and third tiers of cells, to give the sheriff more convenient access
to the prisoners.
Second, arrangements be made so that the prisoners can
be given their meals from the outer corridors.
Third, placing a revolving safety door at the main
entrance.
Fourth, two padded cells – one in each department.
Fifth, the inside wood work in the residence portion
of the jail building be painted and refinished.
Sixth, the outer wood work of the stable connected
with the jail to receive three coats of paint.
We find the building cleanly kept and the sanitary
condition good.
W. S. Harrington, Foreman.
Chas. Chew, Secretary
The jury was thereupon discharged by Judge Wolfe.
Jonathan Smith, who has been in jail since Aug. 9,
having been bound over from Mayor Andrew Stevenson’s court at Bellville on the
charge of having killed Daniel Aungst, was released from custody Friday
afternoon after the grand jury had made its report, as no indictment was returned against him. The finding of Coroner Baughman on the
examination of the head by Dr. Wm. Bushnell, of this city, and Dr. Stofer, of
Bellville, was to the effect that there
was no evidence of any external or internal fracture of the skull and that
death was therefore due to natural causes.
A sister of Smith was at the court house when the jury came in and after
she had been informed that no indictment had been returned against her brother
she expressed great joy. Physical
evidence being lacking that any crime had been committed, it is well that the
county was not saddled with a long and expensive trial which could not have
resulted in a conviction.
List of
Witnesses
1.
Andrew Clever – resides one mile north of town
(neighbor to Aungst)
2.
Mrs. Clever – wife of Andrew
3.
Dr. E. Stofer – Bellville doctor Clever’s
brought to home
4.
Mrs. Jacob Oyster
– Another neighbor of Aungst Went to
home after death until late afternoon and noticed abrasion and bruises on the
head.
5.
Mrs. Lulu West –
Neighbor who saw Smith driving rapidly
6.
Joseph West –
Neighbor noticed a bruise on the head of Aungst. Told story of
Smith
stopping at his home on May 26th asking how the folks up the road
were.
7.
Chauncey Johns –
Saw Smith at the Aungst home with a woman about noon of the day Aungst died
8.
Albert Zellner –
Saw Smith on the day of Aungst death driving rig rapidly down the hill towards
town with another person. (11:40 a.m.)
9.
Mrs. Mary Stelts
– Saw Smith and another person in the buggy.
10. Robert Langham – Brother of Daniel Aungst’ first
wife. Saw discoloration of Aungst ear
after death
11. Daniel Hubbell -
Grandson of Aungst, testified of quarrels between Daniel and Mary and
Daniel and Smith
12. A. L. Walker – Saw Aungst in town morning of
death. Broken up and told of Mary going
to leave him and go to Marion County to live.
13. Undertaker A. H. Brown – Saw no marks of violence on
Aungst’ body
14. O. H. Gurney – Saw Daniel in town morning of his
death. Told him he had no home because
Smith had broken it up and sale of Caledonia farm would have to be broken
because she would not sign off of the deed.
15. Deputy Marshal John Gatton – Marshal making
arrest. Testified to Mary calling him to
her cell asking what would happen to her if Smith were convicted.
16. Marshal Levi Sell -
Went with Marshal Gatton to make arrest.
Testified Mary protested her innocence and asked whether the body of her
husband had been taken up and his stomach analyzed.
From The Marion Star
THE AUNGST CASE
Is the One Topic of Conversation in Bellville
CITIZENS ARE MUCH WROUGHT UP
History of
the Peculiar Case Which Includes the Rather Mysterious Death of Aungst, the
living together of his widow and Smith and Their Arrest. Preliminary Hearing Today.
Monday’s
Mansfield News says that the beautiful little town of Bellville is terribly
wrought up over the arrest of Mary C. Aungst and Jonathan Smith on the charge
of murdering Daniel Aungst, May 23, 1899 at his home one mile west of
Bellville.
Suspicion
has been rife among the citizens of the little village ever since the
mysterious death of Daniel Aungst and lately several things led the officials
at Bellville to believe that Daniel Aungst had met his death by foul means and
not from heart disease, as was first supposed.
A
news reporter visited Bellville Sunday and found that the arrest of the man and
woman was the sole topic of conversation.
The
history of the case is a rather peculiar one.
Daniel
Aungst formerly lived on a beautiful farm of 160 acres just west of Bellville,
and his wife died, leaving him a child, now Mrs. Marcella Hubbell of
Columbus. Shortly after the death of his
first wife he became acquainted with Mrs. George Schell, a widow with three
children, and married her on a day’s acquaintance. The 160 acre farm was then divided, Aungst
giving his daughter, Mrs. Hubbell, sixty acres of his richest land and
reserving 100 acres for himself. Mrs.
Hubbell and husband sold their land and went to Nebraska, where Mr. Hubbell
died. Subsequently Aungst disposed of
his 100 acres and in February Aungst and his wife moved to Bellville, where
they conducted the Globe Hotel for a short time. Smith, who is a man of sixty years of age,
brought his wife to the Globe house and soon after secured a divorce, alleging
that his wife had struck and otherwise abused him in the hotel at various
times. They were married at
Fredericktown in June 1892 and there were no children as a result of the
marriage. Then Smith began paying marked
attention to Mrs. Aungst, for whom he conceived a deep infatuation. About April 1, 1899 Aungst and his wife moved
to a farm of twenty-three acres, just west of the city, and Smith took up his
abode at the same place. The husband
resented the presence of Smith in his house and frequent disagreements
resulted. On the 22 of May Smith
informed Aungst and the neighbors that he was going away on business. The next day, May 23, Daniel Aungst came to
Bellville and stated that he was feeling unusually well and said of Smith that
he wished that he would go away and never come back. Aungst returned home and that was the last of
him seen alive. Mrs. Aungst according
to her story, found him dead on the rear porch about noon. Coroner Baughman was called, but – the
undertaker had prepared the body for burial and had injected the embalming
fluid. Coroner Baughman, finding on his
arrival that the body had been embalmed and that he could not make a thorough
Examination, rendered no verdict, and has held the
case open. The fact that wounds were
found on the top of the head and the base of the cranium caused comment, but
was accounted for on the ground that Mr. Aungst in falling had struck his head
against a banister board of the steps.
Mrs.
Aungst left shortly after the funeral for Marion County, where she took up her
abode with Smith. and people began to talk.
The hand of suspicion began to point at Mrs. Aungst and Smith and a
close watch was kept upon the pair.
Last Thursday
morning at 2 o’clock the pair were seen to drive up to the farm near Bellville,
where Aungst and his wife had resided at the time of his death. The pair entered the house, which had been
closed since Aungst’s death, and carried away some household goods with
them. Their visit, at this unreasonable
hour of the night, combined with the statement of three reliable persons
residing near Bellville, culminated in the arrest of the pair. The three persons who will figure largely in
the case when it comes to trial are positive in their statements that at 12
o’clock, May 23, Smith was seen driving furiously towards Bellville in a single
buggy, accompanied by one of his sons, but the pair turned off on a side road
and drove in the direction of Caledonia instead of going to Bellville. This testimony from persons of integrity will
weave a strong chain of circumstantial evidence around Smith, which also
implicates Mrs. Aungst.
The
prisoners were arraigned before Mayor Stevenson Monday morning at 9 o’clock and
entered a plea of not guilty. The
arraignment was made very quickly, and the only persons present were Mayor
Stevenson, Deputy Marshal John Gatton, the prisoners, and C. B. Hines, attorney for the defendants. The primary hearing was held this afternoon
at 1:30 p.m. at Bellville.
