Introduction | Testimony of Andrew Jaxton Kimmel

The State of Ohio, Mercer County, S:

Before me, one of the Justices of the Peace for said, county, personally came Andrew Jaxton Kimmel, who, being duly sworn according to law, deposeth and saith:--That he verily believes that Alexander McLeod, Absalom Kimmel, Jacob Kimmel and George Kimmel, on the 23rd day of June, in the year of our Lord on thousand eight hundred and seventy-two, in the county of Mercer aforesaid, in the attempt to perpetrate a rape upon one Mary Arabelle Secaur, and while so attempting to perpetrate said, rape, did then and there purposely, unlawfully and feloniously kill and murder the said Mary Arabelle Secaur. And further this deponent saith not.

ANDREW JAXTON KIMMEL

Sworn to and subscribed before me at the county aforesaid, this 29th day of June. A.D. 1872

SETH S. SNYDER. J.P.

A.J. Kimmel Examined--Said: I saw this ribbon Monday morning after we left uncle's house going to the Stateline. Ab. was on the wagon with me. McLeod was in his own wagon and Jake was with him. Jake and McLeod were ahead; when they got to the place, McLeod stopped his team, when Jake got off and picked up the ribbon and took a whisky bottle from under a chunk, on the right side of the road as you go west. While at the spot where the body was afterwards found, my horses were horribly scared, and I told the boys for God's sake to go on. On Sunday I was at my uncles' until about 10 o'clock, when uncle asked me if I didn't want to go over his farm and see his corn. We all went--uncle and aunt, George and myself. We saw the corn, and went through the flax and then George and I went to the house and up stairs. We remained at the house the balance of the day. McLeod and Absalom went to church. I did not go because I had the neuralgia and was not well. McLeod and Ab, came aback from church at about 11 o'clock, at least a half hour before the rest of them. William, Jake, Alice and Ann Kimmel were all at church. After McLeod and Ab, came home from church, they went away again and were gone two hours or more. I first saw them on their return; at the pump washing. I asked them where they had been, they said, "out jumping." Absalom said they had been laying in the woods; that they came out to the road where they saw a girl and asked her for ----. Jake Kimmel was not with me, and I don't where he was until dinner. He eat dinner with the family after the others came back. I did not hear the boys say they had gone to the woods on purpose to watch for a girl. I told them never to intrude on anybody's rights in that way. We left uncle's the next morning and went west. Jake and Ab, left us about a quarter of a mile from the State-line. We went on and stopped at a store in Jay City, Ind. I told McLeod that I did not like the appearance of Jake and Ab.; that they had a down appearance. Absalom told me that he did not feel well or like to work. I told McLeod that I put more dependence in George than in both the others; he said, "I like Jake the best." There was no search for the bottle. Jake went right straight to it and picked it up. He first picked up the ribbon, and then kicked over a chunk and took up the bottle. CROSS EXAMINED: was at Liberty township railroad election on Saturday. We passed the place where the ribbon was found; we got some whisky at the election, what was left of it was rank up in the barn-yard on Saturday evening. William Kimmel left for Van Wert about 3 o'clock, he was at the dinner table with the rest of us. McLeod went up stairs after dinner. I did not see him and Absalom return; first saw them at the pump. I think McLeod had no coat on. I was Monday morning with Absalom complained to me of not feeling well or like work. We came to uncle's on Friday. Absalom and Jake came home on Saturday evening: Ah, did not complain of being unwell then. I do not know that he had the ague.--Re-examined: McLeod and myself were working for the same man. On Tuesday morning McLeod said our assortment was so gone up, that we couldn't do much. We added to our load considerable on Monday. I told McLeod and Absalom they should never intrude on innocent persons. I said this when they told me that had been int eh woods and asked a girl for ----. I saw no washing of clothes. Last Wednesday, McLeod said he was too warm and took one shirt off; he had two shirts on Monday. 'The shirt with blood on wristband and bosom which had been taken off of the defendant, McLeod, when he was arrested, was here shown to the witness and he identified it as being the same on McLeod had on Sunday.) RE-CROSSED EXAMINED: I did not mean that George Kimmel was guilty. I objected to making the affidavit against George, but Miller told me it was only a form and the only object was to get at the guilty parties; with that understanding, I filed the affidavit. I sat next to McLeod at dinner; I did not see any blood on his shirt at that time.

Copyright 2000. David Kimmel. Heidelberg College. Tiffin, Ohio. All rights reserved.