Person Page - 17

     John Kellenbarger was born in 1924. He was the son of John A Kellenbarger and Agnes (Lydia?)E. Metzger. John Kellenbarger lived on 2 May 1995 at Eaton, OH. He died circa 2001 at Eaton, OH.

     Richard P. Metzger was born on 26 October 1866 at Somerset, OH. He was the son of Michael Metzgar and Catharine Mutter. Richard P. Metzger married Bertha A Gordon in April 1888 at Somerset, Perry, OH. Richard P. Metzger died on 29 July 1921 at Jackson Twp, Perry, OH, at age 54.

     Bertha A Gordon was born in June 1868 at Perry, OH. As of April 1888,her married name was Metzger. She married Richard P. Metzger, son of Michael Metzgar and Catharine Mutter, in April 1888 at Somerset, Perry, OH. Bertha A Gordon died on 14 March 1927 at age 58.

     Michael Metzgar was born in 1815 at Switzerland. He married Catharine Mutter on 18 February 1849 at Perry, OH. Michael Metzgar died on 2 March 1887 at Perry, OH.

     Catharine Mutter was born on 14 May 1831 at Switzerland. She married Michael Metzgar on 18 February 1849 at Perry, OH. As of 18 February 1849,her married name was Metzgar. Catharine Mutter died on 12 November 1909 at Perry, OH, at age 78.

     Isaac Moore Jr. was born in 1804 at VA; Dolores shows 28 Oct 1807/08 but 3 Censuses agree with 1804.^5,6 He was the son of Rev. Isaac Moore and Sarah Sally (Sallie) Carrico.^1,2,3,4 Isaac Moore Jr. married Euphema (Uphany) Jones on 19 August 1830 at Grayson, VA.^7,8 Isaac Moore Jr. and Euphema (Uphany) Jones appeared on the census of 1850 at Dwelling 84, Grayson, VA; Isaac 41 VA (all VA)
Euphama 43
Matilda 18
Spottswood 16
Orville 13
Churchwell 9
Minerva 6
Laura 1
See citation supplimental for proximity of other Moores.⁹ Isaac Moore Jr. and Euphema (Uphany) Jones lived circa 1855 at Grayson, VA.¹⁰ Isaac Moore Jr. and Euphema (Uphany) Jones appeared on the census of 18 August 1860 at Dwelling 728, Spring Valley Post Office, Grayson, VA; Isaac, 53, VA
Uphamy, 55, VA
Churchwell, 20, VA
Minerva, 17, VA
Seana? Leana?, 9, VA
Spotswood, 27, VA
Orville, 24, VA
...apparently the name after Minerva is Laura, shown in 1850 as age 1. RJ. Isaac Moore Jr. and Euphema (Uphany) Jones appeared on the census of 1870 at Dwelling 76, Old Town District, Nuckolsville, Grayson, VA; Isaac, 62, Farming, $2000, $838, VA
Uphama, 64, VA
Churchwell, 25, VA
Phillips, Rachael, 25, VA

Neighbor Dwelling 75:
Phillips, Polly, 60, Elizah, 29, Malinda, 22

Dwelling 78 is Zilpha Moore and children.¹¹ Isaac Moore Jr. appeared on the census of 1880 at Old Town District, Grayson, VA; Isaac, widowed, 72, Farmer, VA VA VA
Churchwell, son, 38, Farmer, VA VA VA
Mary, DauL (Married), 28, VA VA VA
Celia, GDau, 9, VA VA VA
William, GSon, 6, VA VA VA
Amelia, GDau, 4, VA VA VA
Auther, GSon, 1, VA VA VA.
He died on 22 December 1886.⁴ He was buried after 22 December 1886 at Isaac Moore Cemetery, Grayson, VA.⁴

      Euphema (Uphany) Jones was also known as Euphany.¹ Euphema (Uphany) Jones was also known as Phemy.² Euphema (Uphany) Jones was also known as Euphamia.³ Her married name was Moore. Euphema (Uphany) Jones was also known as Euphemia.³ She was born on 9 June 1805 at VA; Note conflict: Grayson Settlers names her as 2nd daughter; Bible shows otherwise. And Grayson death record shows died 10 Jun 1880 age 76 years 8 months.^4,5,6,7 She married Isaac Moore Jr., son of Rev. Isaac Moore and Sarah Sally (Sallie) Carrico, on 19 August 1830 at Grayson, VA.^8,9 Euphema (Uphany) Jones and Isaac Moore Jr. appeared on the census of 1850 at Dwelling 84, Grayson, VA; Isaac 41 VA (all VA)
Euphama 43
Matilda 18
Spottswood 16
Orville 13
Churchwell 9
Minerva 6
Laura 1
See citation supplimental for proximity of other Moores.¹⁰ Euphema (Uphany) Jones and Isaac Moore Jr. lived circa 1855 at Grayson, VA.¹ Euphema (Uphany) Jones and Isaac Moore Jr. appeared on the census of 18 August 1860 at Dwelling 728, Spring Valley Post Office, Grayson, VA; Isaac, 53, VA
Uphamy, 55, VA
Churchwell, 20, VA
Minerva, 17, VA
Seana? Leana?, 9, VA
Spotswood, 27, VA
Orville, 24, VA
...apparently the name after Minerva is Laura, shown in 1850 as age 1. RJ. Euphema (Uphany) Jones and Isaac Moore Jr. appeared on the census of 1870 at Dwelling 76, Old Town District, Nuckolsville, Grayson, VA; Isaac, 62, Farming, $2000, $838, VA
Uphama, 64, VA
Churchwell, 25, VA
Phillips, Rachael, 25, VA

Neighbor Dwelling 75:
Phillips, Polly, 60, Elizah, 29, Malinda, 22

Dwelling 78 is Zilpha Moore and children.¹¹ Euphema (Uphany) Jones died on 10 June 1880 at age 75.² She was buried after 10 June 1880 at Isaac Moore Cemetery, Grayson, VA.²

     Lewis Moore was born on 17 June 1812 at VA.^1,2,3,4,5 He was the son of Rev. Isaac Moore and Sarah Sally (Sallie) Carrico. Lewis Moore married Delilah Boyles, daughter of Daniel Boyles Sr., on 17 October 1833 at Rockingham, NC.^6,7 Lewis Moore appeared on the census of 1840 at Grayson, VA; Next to Isaac Sr., father, on one side and two dwellings the other way from Isaac Jr, brother.:

Males:
1 under 5 [Amos]
1 20-under 30 [matches for Lewis]
Females:
1 under 5 [Probably Sally. Delilah may have been pregnant with Nancy]
1 20-under 30 [matches for Delilah]. He and Delilah Boyles appeared on the census of 1850 at Dwelling 843, Grayson, VA; Lewis 37 VA (all VA)
Delilah 35
Amos 15
Sally Ann 13
Nancy E. 11
Margaret C. 8
Malinda C. 5
Jarvis C. 3
See citation supplimental for proximity of other Moores.⁸ Lewis Moore and Delilah Boyles appeared on the census of 1860 at Fayette Twp, Lawrence, OH; Lewis, 47, VA
Delilah, 44, NC
Nancy E, 19, VA
Margaret C, 16, VA
Malinda, 14, Va
James, 12, VA
Isaac F., 10, VA
Eliza J., 3, OH
John M., 4/12, OH
James is likely Jarvis...so who are Eliza J. and John M.? RJ. Lewis Moore and Delilah Boyles appeared on the census of 20 July 1870 at Fayette Twp, Lawrence, OH; Lewis, 58, Works on farm, 1000, 300 VA
Delilah, 54, NC
Nancy E, 29, VA
Isaac F., 19, VA
Victor M., 3, OH
Mary C., 2/12, OH
4 Moore dwellings in a row here.⁹

Lewis Moore died on 11 July 1879 at Lawrence, OH, at age 67.^3,7 He was buried circa 13 July 1879 at Lebanon Cemetery, Lawrence, OH; Lewis and Armelda, d/o I & J, are the only two Moores in this cemetery.¹⁰

     Her married name was Moore. Delilah Boyles was born on 5 July 1815 at Hogans Creek, Rockingham, NC; or 5 Jul 1810?^1,3 She was the daughter of Daniel Boyles Sr..^1,2 Delilah Boyles married Lewis Moore, son of Rev. Isaac Moore and Sarah Sally (Sallie) Carrico, on 17 October 1833 at Rockingham, NC.^1,2 Delilah Boyles and Lewis Moore appeared on the census of 1850 at Dwelling 843, Grayson, VA; Lewis 37 VA (all VA)
Delilah 35
Amos 15
Sally Ann 13
Nancy E. 11
Margaret C. 8
Malinda C. 5
Jarvis C. 3
See citation supplimental for proximity of other Moores.⁴ Delilah Boyles and Lewis Moore appeared on the census of 1860 at Fayette Twp, Lawrence, OH; Lewis, 47, VA
Delilah, 44, NC
Nancy E, 19, VA
Margaret C, 16, VA
Malinda, 14, Va
James, 12, VA
Isaac F., 10, VA
Eliza J., 3, OH
John M., 4/12, OH
James is likely Jarvis...so who are Eliza J. and John M.? RJ. Delilah Boyles and Lewis Moore appeared on the census of 20 July 1870 at Fayette Twp, Lawrence, OH; Lewis, 58, Works on farm, 1000, 300 VA
Delilah, 54, NC
Nancy E, 29, VA
Isaac F., 19, VA
Victor M., 3, OH
Mary C., 2/12, OH
4 Moore dwellings in a row here.⁵

Delilah Boyles appeared on the census of 1880 in the household of Isaac Freelin Moore at Fayette Twp, Lawrence, OH; Children and wife based on census match assumption...but it has it's problems...check it out. RJ

Isac F., farmer, 28, VA VA VA
mother Delilah, 63, VA VA VA
brother Mitchell, 13, OH VA VA
sister Katie, 10, OH VA VA

Note the siblings in these three dwellings in a row: Jarvis, Amos, Isaac, Mitchel, Katie. Delilah Boyles died on 14 March 1909 at Lawrence, OH, at age 93; or 14 Mar 1904?^1,6

     Enoch Moore Yes, I see the problems with this Enoch Moore...much has yet to be worked out. RJ. He was born on 30 September 1807; or 13th.¹ He was the son of Rev. Isaac Moore and Sarah Sally (Sallie) Carrico. Enoch Moore married Rhoda Hanks, daughter of Joshua Hanks, on 4 March 1819 at Grayson, VA.^2,3 Enoch Moore was Ordered that the overseers of the poor bind Uriah Hiatt an orphan to Enoch Moore according to law. in April 1826 at Grayson, VA.⁴ He was Ordered that the overseers of the poor bind Polly Bennet and Esther Bennet poor children of Thomas Bennet to Enoch Moore as the law directs. on 19 October 1829 at Grayson, VA.⁴ He died before 1850; This is my assumption based on Enoch's absence in the area Censuses and Rhoda Moore, age 48, in the home of Enoch's parents Rev. Isaac Moore and Sally Carrico. Most sources agree that Rhoda is not a daughter of Isaac and Sally. It appears Enoch and Rhoda had no children. RJ.

     Her married name was Bledsoe. Nancy Moore was born on 29 January 1809 at VA.^1,2 She was the daughter of Rev. Isaac Moore and Sarah Sally (Sallie) Carrico.¹

      James McDonald was also known as James L. *** Need source for middle initial. RJ. He married Mary Ann Stine, daughter of John Stine and Mary Magdelene Zimmer. James McDonald was born in 1789. He was the son of John McDonald and Susan Ward.¹ James McDonald died in 1852.

     Her married name was McDonald. Mary Ann Stine married James McDonald, son of John McDonald and Susan Ward. Mary Ann Stine was born in 1809. She was the daughter of John Stine and Mary Magdelene Zimmer.¹ Mary Ann Stine died in 1887.

     William Joseph Flautt married Florence Emily Gallin at Holy Trinity Church, Somerset, Perry, OH. William Joseph Flautt was born on 6 September 1895 at Somerset, Perry, OH. He was the son of George D Flautt. William Joseph Flautt began military service in 1917 Co. D, 364th Infantry, 91st Div. He died on 17 August 1969 at age 73.

     Her married name was Flautt. Florence Emily Gallin married William Joseph Flautt, son of George D Flautt, at Holy Trinity Church, Somerset, Perry, OH. Florence Emily Gallin was born on 30 March 1891 at Somerset, Perry, OH. She died on 4 January 1944 at age 52.

     Her married name was Bever. Sarah Elizabeth Flautt was born on 12 May 1923 at Somerset, Perry, OH. She was the daughter of William Joseph Flautt and Florence Emily Gallin. Sarah Elizabeth Flautt died on 20 October 1968 at Somerset, OH, at age 45.

      As of 5 May 1832,her married name was Kellenbarger. Unknown (?) died on 26 October 1885 at Buried in Cols; per Lancaster Gazette she "was the mother of Mrs. E. Horn of Franklin Co.

     Daniel Kellenbarger married Fanny Roshon.¹ Daniel Kellenbarger was born circa 1844 at PA.² As of 1880, Daniel Kellenbarger was also known as Kellenberger.² He and Fanny Roshon appeared on the census of 1880 at Liberty Twp, Fairfield, OH; Daniel, 35, Farmer, PA PA PA
Fannie, 34, OH ?? OH. Daniel Kellenbarger died on 19 November 1885 at Aged 41 Years, per Lancaster Gazette.³ He was buried after 19 November 1885 at Rushon family plot; adjacent to Basil cemetery. He (an unknown value) in 1886 at Estate Record Case #6595, Fairfield, OH.³

     Her married name was (?) Kellenbarger. Fanny Roshon married Daniel Kellenbarger.¹ Fanny Roshon was born in 1845 at Fairfield, OH. She and Daniel Kellenbarger appeared on the census of 1880 at Liberty Twp, Fairfield, OH; Daniel, 35, Farmer, PA PA PA
Fannie, 34, OH ?? OH.

     Her married name was Argood. Madonna J. Kellenbarger was born on 19 May 1930 at Harrison, Crooksville. She was the daughter of John A Kellenbarger and Agnes (Lydia?)E. Metzger. Madonna J. Kellenbarger lived on 2 May 1995 at Columbus, OH. She died after 2 May 1995.

     Lawrence M Kellenbarger married Lillian M (?). Lawrence M Kellenbarger was born on 11 May 1920. He was the son of John A Kellenbarger and Agnes (Lydia?)E. Metzger. Lawrence M Kellenbarger lived on 2 May 1995 at Newark, OH. He died after 2 May 1995.

     Robert Kellenbarger was the son of John A Kellenbarger and Agnes (Lydia?)E. Metzger. Robert Kellenbarger lived on 2 May 1995 at Eaton, OH. He died after 2 May 1995.

     * Joseph Kellenbarger Immigrant Ships Transcribers Guild Searches for pre 1858 passengers seems no help:
Stormer & Sturmer:
6 Oct 1857, Ship Bark Union
124* Conrad Stormer 47 11 m farmer Germany
125* Elisabeth Stormer 46 9 f Germany
126* Wilhelm Stormer 13 3 m Germany
127* Anna Stormer 7 6 f Germany
128* Helena Stormer 6 2 f Germany
31 August 1857
32* Sturmer Wilhelm 63 M 33* Sturmer Catarine 58 F 34* Sturmer Wilhelm 26 M
12 Sep 1854
192* Adam Sturmer 30 male tailor Chur Hessen Philadelphia
1 May 1849
60* Carl Sturmer 2? M miller Niederwildon Prussia Louisville
5 Nov 1852
114 Adam Friedr. Sturmer 44 Male Clothmaker Bavaria New York Steerage.

He was born circa 1828 at Germany.² He appeared on the census of 1850 at USA; There is no Joseph Stormer or Sturmer found in the 1850 Census. He was a witness This is the only close variant of Joseph Kellenbarger found in the 1850 Census:
Joseph, 43, laborer, Scotland
Mary, 45, Scotland
Daniel M., 7, Scotland
Elam?, 5, PA
Susanna, 13, PA
Catherine, 9, PA
Barbara Miller, 75, PA

with Joseph Killenberger and Mary (?) on 6 September 1850 at dwelling 283, Weavertown, Leacock Twp, Lancaster, PA. * Joseph Kellenbarger 1855 is the traditionally known date of Jordan Schmelzer's death. We are not sure if Joseph Kellenbarger was in Fairfield Co. at this time. in 1855 at Fairfield, OH. As of before 1858, * Joseph Kellenbarger was also known as Stormer.¹ He immigrated before 1858; "...we heard the story that when Mr. Stormer escaped from Europe in a ship called the SILVER MOON, he used his mother's maiden name Kellenbarger upon entry to the USA."³ As of 24 June 1858, * Joseph Kellenbarger was also known as Kaellenberger this spelling in Barquilla should be checked against the record at the Church.⁴ He married Barbara Schorr, daughter of Matthias Schorr and Barbara Weyland (Weiland), on 24 June 1858 at Sacred Heart Church, Fairfield, OH; on the same day as Joseph Schmelzer and Catherine Runzer.^5,4 As of 9 July 1860, * Joseph Kellenbarger was also known as Kelebarger.⁶ He and Barbara Schorr appeared on the census of 9 July 1860 at Dwelling 1074, Marion Twp, Hocking, OH; Joseph Kelebargar, 32, Farmer, $1000, $200, Germany,
Barbary, 30, Germany
Anthony, 12, OH
William, 10, OH
Olfons, 7, OH

Living next to John Fox and Family.⁷ * Joseph Kellenbarger was Joseph Kellenbarger & Margaret Meyers are sponsors for Joseph Sherr, son of George & Mary Ann Sherr. On this day there are 3 other Baptisms:
1. Francis Xavier Schmelzer, son of Leopold & Susan Schmelzer, sponsored by Blasius & Walburga Schmelzer.
2. Caroline Schmelzer, daughter of John & Gertrude Schmelzer, sponsored by Adam & Catherine Bach.
3. Mary Ellen Gerhart, daugher of Anton & Magdalena Gerhart, sponsored by Otto & Catherine Schmelzer. on 2 April 1862 at Sacred Heart.^4,5 As of 2 April 1862, * Joseph Kellenbarger was also known as Kellenbarger.^4,5 As of between 1870 and 1873, * Joseph Kellenbarger was also known as von Stormer Feb 2004: per Verla, she always heard that the name was von Stormer.⁸ He and Barbara Schorr appeared on the census of 27 July 1870 at Dwelling 238, Rush Creek Twp, Fairfield, OH; Joseph Killberger, 40, General Laborer, $300, $100.
Barbara, 42
Both Joseph and Barbara's place of birth is illegible. See Rick Jackson for an image.
George, 9, OH
Joseph, 6, OH
August, 2, OH

On one side of this family is George and Catherine Keller and family. On the other side is Abram Elder and family.⁹ * Joseph Kellenbarger was At some point between when Joseph was last seen documented (in the 1870 Census) and Barbara's death (30 Apr 1873) a woman came to town from Germany, possibly with an "official", a Priest and/or a son or children, and revealed that Joseph Kellenbarger was really Joseph Stormer, and that he had left a wife and children in Germany. between 27 July 1870 and 30 April 1873 at Fairfield, OH.¹ He appeared on the census of 1880 at USA; There are just 2 Joseph Stormers (Soundex) in the 1880 Census, born 1829 +- 5 years, are both in PA, one in Blair Co., one in Jefferson.
It has been determined that neither could be him.
As for Joseph K soundex, all of the ones shown born 1825-1830 (with a close spelling variant) are almost certainly not him based on the other info shown.
Where did you go, Joseph??

     Barbara Schorr was born on 4 November 1827 at Hosterhof, Germany.⁴ She was the daughter of Matthias Schorr and Barbara Weyland (Weiland).^1,2,3 Barbara Schorr emigrated between 1834 and 1837; Source of 1835 is unknown. Hans-Peter shows 1837 but evidence for the exact date has yet to be found.⁵ As of circa 1845,her married name was Schmelzer. As of 3 November 1846, Barbara Schorr was also known as Shor.^6,7 She married Jordan Schmelzer, son of Jacobus Blasius Schmelzer and Maria Walburga Christ, on 3 November 1846 at Sacred Heart Church, Rush Creek Twp, Fairfield.^6,7 Barbara Schorr and Jordan Schmelzer appeared on the census of 2 September 1850 at Dwelling 77, Auburn Twp, Fairfield, OH; Jordan, 26, Shoemaker, Germany
Barbery, 22, Germany
Anthony, 2, OH
William, 11/12, OH.⁸ Barbara Schorr married * Joseph Kellenbarger on 24 June 1858 at Sacred Heart Church, Fairfield, OH; on the same day as Joseph Schmelzer and Catherine Runzer.^6,7 As of circa 1860,her married name was Kellenbarger. As of 1860,her married name was Kellenbarger. Barbara Schorr and * Joseph Kellenbarger appeared on the census of 9 July 1860 at Dwelling 1074, Marion Twp, Hocking, OH; Joseph Kelebargar, 32, Farmer, $1000, $200, Germany,
Barbary, 30, Germany
Anthony, 12, OH
William, 10, OH
Olfons, 7, OH

Living next to John Fox and Family.⁹ Barbara Schorr Husband Joseph's wife (and a son?) came from Germany and disclosed that Joseph was really a Stormer and that he had left a wife and children in Germany.

Barbara gave him the boot. circa 1870. She and * Joseph Kellenbarger appeared on the census of 27 July 1870 at Dwelling 238, Rush Creek Twp, Fairfield, OH; Joseph Killberger, 40, General Laborer, $300, $100.
Barbara, 42
Both Joseph and Barbara's place of birth is illegible. See Rick Jackson for an image.
George, 9, OH
Joseph, 6, OH
August, 2, OH

On one side of this family is George and Catherine Keller and family. On the other side is Abram Elder and family.¹⁰ Barbara Schorr was a witness when * Joseph Kellenbarger was At some point between when Joseph was last seen documented (in the 1870 Census) and Barbara's death (30 Apr 1873) a woman came to town from Germany, possibly with an "official", a Priest and/or a son or children, and revealed that Joseph Kellenbarger was really Joseph Stormer, and that he had left a wife and children in Germany. between 27 July 1870 and 30 April 1873 at Fairfield, OH.¹¹ Barbara Schorr died on 30 April 1873 at near or in Bremen, OH, at age 45; *Newspaper account of John shooting Barbara Schorr*

********
Another Bloody Affray

Sad Termination of a Family Quarrel
Article taken from the Lancaster Eagle May 8th 1873 on microfilm at the Ohio Historical Society, Columbus Ohio. Article is as written.

On the evening of the 30th of April 1873, a bloody tragedy was enacted near Bremen, in this county, which resulted in the death of Mrs. Barbara Schmelzer, by her brother-in-law, John Schmelzer. It appears from the testimony that the farms of the parties are separated by a creek, and neither party having a fence along the creek, cattle could easily pass from one to the other. Mrs. Schmelzer's cattle had been in the habit of breaking into John's fields, and on Wednesday last John impounded three of the widow's cows for trespassing, and in her efforts to reclaim them, she lost her life.

It appears that a bad feeling had existed between the parties for some time, and meddlesome neighbors were partially instrumental in bringing the matter to a focus.

The news of the terrible tragedy spread throughout the community and the wildest excitement prevailed, and John was bitterly denounced by the citizens. He was not arrested until Thursday morning, when he was taken by a constable from Bremen and brought to this city.

On Monday, he had a preliminary examination before Mayor Slough, which resulted in his being held to answer to the charge of murder in the first degree. His bond was fixed at $8,000, which he failed to give and was committed to jail.

A large crowd listened to the testimony and after the trial a great deal of sympathy was expressed for the deceased and family, and considerable indignation towards the defendant.

Mrs. Schmelzer left a grown son and several small children.

John has a wife and several children. He was born in Blessen, Germany, in 1811, immigrating to this country in 1840, and settling in the vicinity of his present home, almost immediately after his arrival. He is a rough, illiterate man, small of stature, bony and muscular, with a thin, emaciated countenance, but nothing in it to noticeably indicate a predominance of animal propensities, or to assimilate him with the common culprit, or a man of desperate and impious qualities. On the contrary, he seems like an inoffensive and harmless creature, and in his ignorance has but the faintest conception of the enormity of the deed he had perpetrated. He has always sustained the reputation of a hard working, frugal, industrious, through going farmer, and an honorable and upright citizen. However, at home, it is said, that his temper is subject to frequent and violent outbursts, and all coming in contact with him are compelled to bend before his unyielding and willful nature.

The following is the substance of the testimony given by the witnesses. Some of the parties had never been on the witness stand and were very much excited, and it was difficult to secure an intelligible or accurate report of their testimony:

Wuniwald Schmeltzer was the first witness called by the State. He stated that he had known John Schmeltzer for twenty-one years; were first cousins. Knew Barbara Schmeltzer for some time; she was married to my first cousin, Berton Schmeltzer and brother to John; Berton Schmeltzer (Jordon), died about 17 years ago. John lived on his farm about three miles from Bremen; had lived there 14 or 15 years. John lived on the west side of Rush Creek, and Barbara on the east side, on her own land; she had resided there about four years; was present when the difficulty occurred; Barbara's cow's had crossed the creek and got into John's field. Her boy came to my house about 8 o'clock in the evening; he went up to John and claimed the cows, when John told him that his mother must come. She sent Peter, her son, over to pay the damages. After John had refused to give up the cattle, Barbara went to his house, and told his wife that she was not to blame. His wife gave no reply, she then applied to John, when he told her she could not have the cows, and in reply to her claim of innocence made use of the very vulgar expression. Barbara and her son Peter came to my house in the evening, and myself, Peter and Barbara and my son Frank went over to John's gate, and called for him, and at first got no answer, but he finally came out, when Peter asked him for his cow. John said that Peter now claimed one of the cows, but before had said that they all belonged to his mother, and called Peter a d-d liar, Peter replied, calling him a liar. John repeated that he could not have the cows, and that Barbara must come. Peter then told Barbara what John said, and she went up, and said to him, "I did offer you damages." John replied, "you killed my brother and you want to kill me." She then said to me that we would now go and get the cows. I then went up to John and called him a hog-head, and told him he had no right to pen up these cows. He said I should go home, it was none of my business. We then went up the lane; did not see the cows; stable is south-west of the barn, and south of the road; house is about a rod north of the road; stable on the south side. John was near the stable all the time; the barn and stable are about two rods apart. Peter threw down two rails of the fence, and I threw down two, John said we should not go in, or he would shoot us. My son Frank said "if you shoot, we will shoot too." Frank then advised Barbara to go in, saying he would not dare to shoot her. John went and got his gun; had it in the barn. Did not notice him have a gun at any time; it was too dark for me to see. Barbara went up near the fence, and stopped about a minute; John said something, I could not understand, and I then heard the gun crack. Barbara ran a few steps and cried "I am shot; O, Lord, that hurts." I then told Frank to give me the gun, and I would shoot him. Frank gave me the gun and I went around to the gate to look for John. I went inside and met John who struck at me, and I struck at him, but did mot hit him. He said "don't come here, I will kill you." I then jumped back. John remained around the barn, and I went away. Barbara was near me when she was hit. I asked her where he had hit her, and she did not answer; she leaned against the fence. Peter then took her in his arms, and she soon expired. There was no one present but me and the boys. John did not offer any assistance. The gun was loaded with shot.

In reply to cross-examination witness stated that he heard John say that Barbara did not care anything for his brother. John's son came after she was dead. Louis got his express and hauled her home. The night was dark; it was a little cloudy. When Peter came to our house he had his gun; when we went to John's Frank carried the gun. John lives about half a mile from my house. Me and Barbara stood behind the smoke house while Peter talked to John. I received one shot in my arm; stood near Barbara when she was shot. Did not see a gun in John's hand. Peter 's gun was a rifle.

Peter Schmeltzer examined - Barbara was my mother; she was 47 years old. In the afternoon she came to me and said the cattle had crossed the creek and got into John's field. This occurred an hour before sunset. She asked what should be done. I told her to send one of the boys after them. One of the boys was watching the cattle. The creek runs between my mother's and John's land; it is about seven rods wide. The field was fenced, except along the creek; thought there were seven head of cattle. The field was part pasture and part wheat. Mother and the children waded through the creek after the cattle; she did not get them; and sent me after them, and told me to make it all right with John; he had penned up three and turned the rest into the road. Went to John's house and found him in the barn. He asked me whether it was right to try and break down a neighbor by pasturing stock on his farm. I replied that I did not. I then told him that mother had sent me for the cows, and he said I should not have them, and that mother must come for them. I had my gun with me, I then went to the creek, and told mother what he had said. She then waded through the creek, and we went back to John's. I went with her as far as the gate. She was told that he was at the barn. He was sent for, and came down. Mother asked him what had happened; I did not hear the answer; she said she would like to have the cows, and would pay the damages. John gave a vulgar reply, and said she should not have the cows or pay the damages. She then came out of the house, and went to Wuniwald's. When I started to John's, mother advised me not to take the gun; I replied that I might see something along the road to shoot muskrats or something else. It was a rifle, Mother had $71 with her. Wuniwald said there was no danger, that John would not shoot. I carried the gun part of the way and Frank part. When we arrived at John's there was a light burning, which was put out. I called five or six times at the gate, and then knocked at the door, but got no answer. I then started to get the cattle, and while passing the barn, heard someone walking inside. I called and John answered. I told him I wanted the cows, and he said I could not have them. I then told him I was going to let them out. He said I should go ahead, and he would see about it. I then again offered to pay him damages, and he repeated what he said before. I says John one of those cows is mine. He says you were here awhile ago, and you said all of those cows belonged to your mother. (can't read )could hear him following. He said "your mother killed my brother and she would like to break me down too." I then commenced tearing down the fence. Mother heard John's remarks and said "now boys that's enough, we will go and get those cows." Wuniwald, Frank and mother ran up to the fence and Wuniwald helped to tear down the fence. John said, if you don't stay back I will shoot you. Mother then stepped in between me and Wuniwald when he shot her. She said, "Oh! God! I am hurt!" she then started to run. I got some clubs and threw at John, and hit him twice. By this time I saw mother down beside the fence, and heard the blood run, and she was fainting. I took her in my arms and tried to get her to speak, but she could not; she died in about half an hour. We got John's boys to hitch up, and hauled her home. John remained inside of the fence until she was dead. His wife then came out and tried to take the gun from him; he said "no! no! I will get some more of them." His wife and little girl urged him to come in to the house. He said "No, I will load up and get some more of them." His three boys then came up and tried to take the gun from him, and said, "Father you have killed that poor woman." Did not hear him make any reply. He soon after went in the house. The shooting took place about two hours after dark. John was about a rod and a half from mother when he shot. Could see him. Could see, as it was moonlight. Could distinguish a woman from a man. Wuniwald said he had often heard John threaten to shoot, but thought there was no danger. Frank said to me, "You had better come back, he will shoot." Louie came up and said, "If Pete had been at home this would not have happened." We asked if he was drunk, and he said, "No, he was perfectly sober."

Answer to question by Mayor - Our cows have been in the habit of breaking into John's field; happened pretty often last year. Had been trouble about the matter before. Did not know of any other ill feeling existing.

Frank Schmeltzer examined - Was at home when Peter and his mother came. I was between 7 and 8 o'clock. Peter asked me to go, and see if we could get the cows. Father said we should not raise any fuss, but go and ask for the cattle. Mrs. S. asked father to go along. I carried the gun. Peter called for John when he arrived; then he tapped against the door, the lights were put out. After knocking and receiving no answer Peter started to let out the cattle. I told him to come back, which he did. I heard some one walking in the barn, which I thought, was John. He asked John for the cows, and offered the damage. I told John that here was the owner, and she came up, and we told her what was said. John said "you killed my brother and you would like to kill me." She replied "that's is enough." He then started to the barn and got the gun and stamped it on the ground; he then pulled the hammer back and says, "here goes," and shot. He then went up to the barn gate, and we got to throwing stones. I threw two or three and Peter Schmeltzer threw some. He then went down to the barn, and leaned against the barn. After the shot Mrs. Schmeltzer screamed. I then left. Saw him have the gun when he went into the barn, but had none when I first saw him. It was dark; he was about twenty feet from her when he shot. I threatened to shoot, if he did. There was some talk between me and Peter about the gun on the road over but do not remember what.

Cross - examination - Did not want to shoot John, but felt like doing so.

George Schorr, examined.-Am a brother of Barbara; was in bed when my wife heard the report of a gun. Soon Frank Schmeltzer came to my house, and informed me that John had shot my sister. I went to her home and felt her pulse and endeavored to arouse her, but found she was dead.

Mrs. Keller-Was called to Mrs. Schmeltzer's; got there between 10 and 11 o'clock; did not examine her wounds; helped to lay her out.

Dr. T. W. Evans, of Bremen, assisted Dr. Tom O. Edwards, J., in making a post mortem examination. Found posterior and inner surface of right thigh punctured with eighteen shot; the phemeral artery and phemeral vein were badly lacerated; the left thigh was punctured with seven shot. The phemeral vein and phemeral artery was nearly torn in two. The brain and body was in a healthy condition. Was of the opinion that either of the wounds would have produced death. The tearing of the phemeral artery would produce death in about twenty minutes. Had know defendant for about fifteen years; his pecuniary circumstances are good; he was worth about $12,000. Had no doubt as to death resulting from gunshot.

Dr Tom O. Edwards, Jr.-Stated that he had made a complete post mortem examination, and gave the particulars in detail. His testimony was substantially the same as that of Dr. Evans.

Brief remarks were made by Mr. Reeves, on the part of the State, and by Mr. Martin, counsel for defendant.

Under the Constitution of Ohio all offenses are bailable, except capital cases (that is cases punishable with the death penalty) when the proof is evident or the presumption great. On preliminary examination of a party accused of murder in the first degree, therefore, it is the duty of the examining magistrate to hold the accused entitled to be admitted to bail, unless the testimony shows a clear and plain or strongly presumptive case of murder in the first degree. If the magistrate has substantial and reasonable doubts, from the testimony, whether the offense is murder in the first degree, he cannot deny the accused the right, which the highest law of the land accords to him.

It requires only a probable case of murder in the first degree to make it the duty of the examining magistrate to hold the accused to answer to that offense.

There is, therefore, not the slightest legal inconsistency in holding a party to answer to the charge of murder in the first degree, and at the same time holding his right to be admitted to bail.

In the case against Schmeltzer, because of testimony tending to show provocation to anger and hot blood, the Mayor had doubts as to the grade of the homicide, and, therefore, decided that the defendant ought not to be excluded from bail.

*John N Schmelzer was sentenced to 10 years hard labor and sent to the Ohio State Penitentiary on December 5, 1873 for manslaughter. His prison records can be found at the Ohio Historical Society, Columbus Ohio (71 N). John was pardoned after he served 4 years of his sentence because of his wife's illness and requests made by the jury.

Prison record #9650
John Schmelzer
Age 57
Education-No English
Statement of property - 160 acres
Wife-Gertrude
Children-6-----Lewis, Philip, John, *Julia, Mary, Caroline
Mother-
Brothers- Leopold, Anson, & Otto
Height 5'7 ½"
Eyes- Blue
Hair- Brown and Grey
Complexion- Common
General Appearance- Medium broad forehead, eyes sunken and close, thick straight nose, ears lie back, high cheek bones, heavy jaw, rugged face, stoops, broken down.

*This account was found in the Lancaster Eagle, May 8th 1873 at the Ohio Historical Society.

*Complete trial record in the Lancaster paper microfilm section Lancaster Library, Lancaster, Ohio.¹²

She and John Nepomuck Schmelzer were Shot by brother in law John Schmelzer as she was retrieving her cattle that John had penned up after they had wandered into his corn field. on 30 April 1873 at at Sacred Heard Rd & Rt. 664, near Bremen.

     Esther Thomason witnessed the burial of * Martin W Kellenbarger at Bethel Cemetery, Fairfield, OH. Her married name was Kellenbarger. Esther Thomason was born in 1902. She married * Martin W Kellenbarger, son of * George J Kellenbarger and Lydia E Stemen, after 1906 at Assumed from gravestone. Esther Thomason was a witness when * Martin W Kellenbarger was Currently known as 3055 Webb Summit Road. circa 1922 at Moved to the home place. Esther Thomason and * Martin W Kellenbarger lived in 1924 at 749 King Ave., Lancaster, Fairfield, OH.¹ Esther Thomason appeared on the census of 15 April 1930 in the household of * Martin W Kellenbarger at Green Twp, Hocking, OH; Martin W., 45, age 21 @ marriage. OH OH OH, Millwright-Tile ___ing
Esther, 28, age 16 @ marriage, AR AR AR
Geraldine, dau, 10, AZ OH AR
Dwight W., son, 8, OH OH AR
Dorothy, dau, 5, OH OH AR
Herald, son, 2 10/12, OH OH AR. Esther Thomason was a witness to, According to Dwight, the home was rented for $12 per month; furnished and with free gas for heating. with * Martin W Kellenbarger in 1932. Esther Thomason was a witness when * Martin W Kellenbarger was According to Dwight on 5 November 1932 at Moved to lot at Routes 312 & 664. Esther Thomason was a witness when * Martin W Kellenbarger was (an unknown value) in March 1935 at Moved back to the home place. Esther Thomason was Dwight retold the story to Rick and Lida Jackson while looking at a picture of the old home: "My mother would fix lunch for grandpa working in the shop. This single story section was the kitchen but at the time it had a porch on it...she heard the baby crying. She was fixing Grandpa's lunch and figured she'd go ahead and fix his lunch then get the baby and feed him. As she stepped out of the kitchen into [the part with two stories] she saw fire fall down through the ceiling [from the upper story]. Mother and Dad's bedroom is a little lean-to on the back - where they and Howard normally slept. For some reason or another she said she took the baby and laid him on the bed upstairs [in Dorothy, Harold, Geraldine and Dwight's room]. As she opened the stair door to go up fire flew out in her face. She rushed up through the fire and got the baby. When she started back down the top stairs had burn away and she fell down to the turnoff in the stairway. She got burned so bad - she had red hair hanging to her rear end - it was burned to a crisp - and it burnt her arms so bad the first time they dressed it they exposed a bone. Someone took the baby to the hospital and he lived 3 hours. Mother was in the hospital 30 days. on 13 December 1935 at Fire consumed home.. She died in 1980.

     John W. or H. Flautt was President of Snider-Flautt Lumber Co. at Somerset, OH.² He was born in 1885.^1,2 He was the son of Henry Flautt and Mary Lucinda Sweeney. John W. or H. Flautt appeared on the census of 3 January 1920 in the household of Henry Flautt at Market St., Reading Twp, Somerset Village, Perry, OH. John W. or H. Flautt died on 25 November 1963.²

     James Morton Judkins was born on 14 January 1889. He married Marie Kyle Prout, daughter of Richard Cincinnatus Prout and Belle Brandon Brown, on 20 March 1927. James Morton Judkins died on 25 January 1963 at Coral Gables, FL, at age 74.

     Ernest Bailey Geiger was born on 4 February 1900 at Zanesville, OH. He (an unknown value) before 1924 at 1st Marriage to Lilah?. He married Evebelle Ross Prout, daughter of Richard Cincinnatus Prout and Belle Brandon Brown, on 28 April 1924 at Muskingum, OH; Kinney Bio shows 30 Apr. Ernest Bailey Geiger and Evebelle Ross Prout were Retired from show business and moved from Zanesville to Coral Gables Florida. in 1939.¹ Ernest Bailey Geiger and Evebelle Ross Prout were divorced on 9 October 1946 at Miami, FL; Final Decree of Divorce filed. Eve was Plaintiff.² Ernest Bailey Geiger died before 1966.¹

     John Henry Fox Prout "My Dad stayed home & took care of the old folks. He was born in '45 & never got married until '84."¹ He was born on 22 May 1845 at Totnes, Devonshire, England.¹ He was the son of William Prout and Elizabeth Lavercomb. John Henry Fox Prout emigrated with William Prout and Elizabeth Lavercomb circa 1850.¹ John Henry Fox Prout appeared on the census of 19 July 1870 in the household of William Prout and Elizabeth Lavercomb at Dwelling 190, Family 193, Village of Alexandria, St. Albans Twp, Licking, OH; William, 53, Cannot read occup, 3000, 500, b. ENG.
Elizabeth, 49, Keeping hs, b. ENG
H.John, 24, Farm Laborer, b. ENG
Ella, 14, Helps Mother, b. OH.² John Henry Fox Prout married Winona Gurney, daughter of John Gurney and Ruth Pierson, on 2 October 1884 at Licking, OH; Daughter Helen gives 1884 as marriage date, Rel shows 2 Oct 1880. IGI shows 2 Oct 1884. John Henry is shown as "H. J.".^1,3,4 John Henry Fox Prout died on 2 November 1917 at Alexandria, OH, at age 72.

     Her married name was Gordon. Rose Flautt No children.¹ She was born in 1890. She was the daughter of Henry Flautt and Mary Lucinda Sweeney. Rose Flautt appeared on the census of 3 January 1920 in the household of Henry Flautt at Market St., Reading Twp, Somerset Village, Perry, OH.