Introduction | Case Against McLeod and the Kimmels
Case Against McLeod and the Kimmels
Below is a set of excerpts from the testimony given against the defendants (most from the June 30 hearing), taken from Day's Lynched!.
Whereabouts of the Defendents
John Citterly testified: The church is over two and one-half miles from my house. From Kimmel's house to the place of murder, is a few rods over a mile and a half.
Henry V. Hinton: It is about one mile and three-quarter from Kimmel's house to where the murder was committed. A person could go from Kimmel's there, all the way through the woods, except at the road crossing.
George Smitley examined: I saw McLeod and Absalom Kimmel at church on the 23d of June. About fifteen minutes after I got there they left, going west from the church. They did not return. It was between 11 and 12 o'clock when they left the meeting house. Wm. and Jacob Kimmel were also at church. I saw them stop at home after church was out. I went by Kimmel's house as I went home from meeting, but did not see either of the Defendants there. I passed Kimmel's about 12 o'clock.
Thomas Wright testified: I know the defendants--saw them together at church, on Sunday, June 23d, at about 11 o'clock; saw them go across the road into the woods and come back again. They both left church together, at least a half hour before it was out. Saw Wm and Jacob Kimmel at church. I also saw the deceased there. I never saw her afterwards.
Elias N. May: Identified the defendants. Saw them at church on Sunday, June 23d, at between 9 and 10 o'clock A.M. I again saw them on Monday morning at 6 or 7 o'clock on the road going west. They were near Jacob Leininger's, which is about three miles from Kimmel's. McLeod and Jacob Kimmel were together; Andrew and Absalom Kimmel were in another wagon. I saw Jake and Ab., after church, on Sunday, at about 2 or 3 o'clock watering horses.
Jacob Leininger: Saw McLeod, Absalom, Andy and Jake Kimmel on Monday morning, at about 7 o'clock going west. They had two teams at my house. They stopped and traded a tin pan to my wife for a few rags she had. They were just leaving when I came up.
Blood on McLeod
Wm. Johnson testified: Identified shirt and boot with blotches of blood on as having been taken off of McLeod when he was arrested.
A.J. Kimmel: 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.) . . . . I sat next to McLeod at dinner; I did not see any blood on his shirt at that time.
George Kimmel: I told them I say blood on McLeod's shirt, that part was not lie; I did see blood on his shirt. That was true, and it was true that they washed at the pump. McLeod took one shirt off in the afternoon, and after he come back at 1 o'clock or after, he put a striped shirt on over the one he had on. There was blood on the one he had on.
Sheriff Spriggs: As soon as we got under way, I examined McLeod critically for marks of blood,--He saw me, and at once turned up the wristband of his shirt. I saw blood on his right wristband. He was greatly agitated and quivered awfully, as though he had an ague. I also saw blood on one of his boots; the left one I think; and on his pants. He tried to cover up the blood on his boot, by placing his other boot over it. The blood on his pants looked to me as though he had attempted to wash it off. . . .(The Sheriff here exhibited a penknife with blood on the large blade, and stated that he took it from the pocket of McLeod, when he made the arrest; also, a pocket handkerchief with specks of blood on it was produced.)
Alexander McLeod: My clothes have been sent Cincinnati to be analyzed--I admit that I had blood on them--I have blood on me now from nose, it is in the habit of bleeding, and has bled since I started from town.
Ribbon
Wm. Johnson: I saw W. Moore take a green ribbon off of a bridle in a stable at Fort Wayne. (The ribbon was here produced and identified by witness.) McLeod told me he had this ribbon on his bridle.
Miss Maggie Shepherd: I trimmed, or had trimmed, at my store, about three week ago, a hat with just such a ribbon as this (referring to the ribbon taken off of McLeod's bridle.) I sold it to Mrs. Citterly. She said it was for the little girl that was living with her. it was number 9 ribbon. I have several bolts just like it. CROSS EXAMINED: The ribbon is very much misused. I wonder it looks as well as it does, after being tied on the bridle. I sold some ribbon of the same color to a Mrs L Deaer, who lives in the same neighborhood.
Mrs. Citterly: recognized the ribbon as the same kind on Mary Belle's hat, and said Mary Belle had the hat on the Sunday, the last time she was seen alive.
A.J. Kimmel: 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. . . . 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.
McLeod's Behavior
Wm. Johnson: After we left Decatur, he seemed very restless and uneasy and want to know where we were taking him, and asked us the question several times. We told him he would find out. At Pleasant Mills, Ind., he asked if any body else was accused. After we left Willshire he asked again. I told him I thought not; he said it was heavy to get him into trouble and remarked that people gathered as if some body had been murdered. He said he didn't know any thing about any difficulty. I told him it was no use to deny it, that Kimmel's folks would be-back on him. He said if Kimmel's folks go back on me it will be awful, for I'm innocent. When we got within a rod, or ten feet of the place where the murder was committed, he set his eyes on the place and stared as though with a death grip. When we came opposite the place, the Sheriff got out with him; he cried and was greatly agitated. After the Sheriff had been out with him for a while, I got out and talked to him. He cried and said it was awful--that he was not guilty: "he had never committed adultery there--it was the first time he ever saw the bloody spot." He further said that "he never touched the girl." We then got into the carriage and drove to Kimmel's house. After leaving Kimmel's he denied all about it. Neither the Sheriff or myself said any thing to him or in his presence about touching the girl. We said nothing about bloody spot, nor would we tell him what he'd been arrest for. He asked us if he was arrested for horse stealing?
Sheriff Spriggs: After we left Decatur, I asked McLeod where he was on Sunday; he halted, quivered again, and then evaded the question and did not answer. He afterwards told me that he was at Kimmel's on Sunday---was with Andy all the time--said he was at church, and came away before it was out; he said Andy was not at church. He contradicted himself several times. When we neared the residence of John Citterly, Wm. Moore came forward from the rear carriage, and said Andy has told us all about it. McLeod trembled, cried, and said: "My God; it can't be possible Andy has gone back on me," and he was terribly agitated. McLeod said to me, "I didn't hurt the gal," he said this before we got to the place of the tragedy. When we got there he stared at the spot intently. I then took him to the place; he cried bitterly, and said he was innocent; I told him then that we knew all about the matter, and he'd better tell the truth. When I said this, he turned to the fence of a field near by crying, and said: "I never committed adultery here or any thing else; I never saw this bloody spot before." There was no blood on the ground that could be seen. We then drove on to Kimmel's house and stopped. After we left Kimmel's; I turned upon him very suddenly, and said: "McLeod, who was with you out in the woods about 2 o'clock on Sunday?" He seemed to be frustrated and faltered out, "Ja--Jake--Abs"---. While at Kimmels, he plead earnestly for a few minutes private talk with Kimmel, which I refused. We then went on south about a half mile and arrested the other three Kimmel boys. When he saw the boys, he was very anxious to have a short private talk with them, and asked me to allow him the privilege, which of course I refused. . . . I did not tell McLeod that a girl had been murdered, or anything in reference to it until we got within a half a mile of Celina, when I read the hand bill offering a reward for the murderers to him, and he told me that he did not hear what the crime was before that.
Alexander McLeod: --(A voice in the crowd, 'why did you say bloody spot?') I did say, bloody spot, it's my way of speaking.
Copyright 2000. David Kimmel. Heidelberg College. Tiffin, Ohio. All rights reserved.