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<v Speaker 1>Paul Culer got Calm, Wilmington, Ohio. November twenty first, nineteen

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<v Speaker 1>twenty one. T Oliver Vandervort of Burtonville, Furbeyer and well

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<v Speaker 1>known Clinton County man, is being held in the County

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<v Speaker 1>jail here charged with having shot and killed his divorced wife,

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<v Speaker 1>Bertha Whitlow Vandervort, aged thirty, her mother, Missus Susan M. Whitlow,

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<v Speaker 1>wife of Jeff Whitlow, aged fifty seven, and Howard Bozier,

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<v Speaker 1>aged twenty four. The shooting occurred at the home of

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<v Speaker 1>Missus Whitlow near Cuba about midnight Saturday night, According to

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<v Speaker 1>Sheriff Will Kirk and Deputy Will Smith, who arrested Vandervort

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<v Speaker 1>brought to the jail here. Vandervort told the story that

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<v Speaker 1>he was walking to the home of his brother when

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<v Speaker 1>he heard a commotion in the home of his former

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<v Speaker 1>mother in law, and that he saw a man leap

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<v Speaker 1>from the door. He entered the house and found his

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<v Speaker 1>divorced wife and Bosier lying on the floor dead, and

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<v Speaker 1>found Missus Whitlow mortally wounded, lying on the kitchen floor.

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<v Speaker 1>He and his ten year old son, who was making

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<v Speaker 1>his home there summoned a physician. He told the officers.

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<v Speaker 1>Doctor A. P. Basinger of Blanchester responded to the call,

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<v Speaker 1>arriving on the scene just a few minutes before Sheriff

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<v Speaker 1>Kirk and Deputy Smith arrived. He called an ambulance and

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<v Speaker 1>Missus Whitlow was rushed to the hospital at Blanchester, where

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<v Speaker 1>she died within a short time. At the hospital, she

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<v Speaker 1>asked if she would live, and when told that she

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<v Speaker 1>probably would not, Missus Whitlow expressed her willingness to talk,

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<v Speaker 1>telling doctor Basinger that Vandervoort fired the shots. The killing

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<v Speaker 1>of the three took place on what is known as

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<v Speaker 1>the Everly Briggs Farm, one mile west of Cuba. Bertha

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<v Speaker 1>Whitlow Vandervoort was shot once through the heart and Howard

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<v Speaker 1>Bosier was shot once through the abdomen, and both were

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<v Speaker 1>evidently killed instantly. Missus Whitlow received the contents of two cartridges,

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<v Speaker 1>both taking effect just below the waist line. When first question,

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<v Speaker 1>Vanderwort's ten year old son corroborated his father's story about

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<v Speaker 1>the killing, saying that he saw a man leap from

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<v Speaker 1>the door following the shooting and that he met his

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<v Speaker 1>father in the road as he was running to a

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<v Speaker 1>neighboring farm house for help. But later in the day

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<v Speaker 1>the boys alleged to have told the officers that papas shot.

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<v Speaker 1>The lad also is said to have related to the

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<v Speaker 1>officers how his father had knocked on the door and

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<v Speaker 1>when his mother, with a babe in arms, opened the door,

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<v Speaker 1>he fired at her, killing her instantly. Bowser was shot. Later,

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<v Speaker 1>the boys alleged to have said and that it was

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<v Speaker 1>while he was gone for help that his grand was shocked.

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<v Speaker 1>Vandervoort and his wife are said to have been divorced twice,

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<v Speaker 1>and it is generally known that he resented her paying

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<v Speaker 1>attention to other men, even though she had been granted

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<v Speaker 1>a divorce and given custody of their three children. Rosier

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<v Speaker 1>was well known in Wilmington. He was a day laborer

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<v Speaker 1>and he had been working at odd jobs on farms.

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<v Speaker 1>It is known that the Vandervorts, who were divorced and

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<v Speaker 1>living apart, had been quarreling recently. They had been in

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<v Speaker 1>a conference with their attorneys Don and Cartwright for several

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<v Speaker 1>hours not long ago, and had been unable to settle

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<v Speaker 1>their difference. A story is told that both missus van

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<v Speaker 1>Dervoort and Bowsier were seen together for an hour or

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<v Speaker 1>more Saturday afternoon in the lobby of the post office,

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<v Speaker 1>engaged in conversation. There is a rumor in circulation today

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<v Speaker 1>that the shooting of the two women and the man

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<v Speaker 1>in the farmhouse may have been prompted by jealousy. In

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<v Speaker 1>the event, it has proved that Vandervoort is found guilty

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<v Speaker 1>of the deed. It is told that taunts from Wallace

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<v Speaker 1>while riding with Vandervoort brought the bullet from Vandervort's gun,

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<v Speaker 1>and the same teasing that another man was staying with

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<v Speaker 1>his former wife is alleged to have stirred the jealous

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<v Speaker 1>passion of the accused man. As the time of the

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<v Speaker 1>shooting in Wilmington and the murders near Cuba correspond correctly

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<v Speaker 1>with the theory that the man went directly from Wilmington

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<v Speaker 1>to the farm house. It developed yesterday morning that Vandervoort

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<v Speaker 1>and Rodney Wallace of Starbuck Town had driven through Wilmington

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<v Speaker 1>in an automobile earlier in the evening, and that they

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<v Speaker 1>had quarreled. Wallace, in reporting the incident of the officers yesterday,

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<v Speaker 1>stated that Vandervoort shot him through the shoulder. Both men

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<v Speaker 1>had been drinking, it is alleged, and it has thought

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<v Speaker 1>that this may have been the cause of the murder scene,

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<v Speaker 1>although the officers have been unable to land the two

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<v Speaker 1>cases together other than by the fact that Vandervoort is

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<v Speaker 1>alleged to have done the shooting in both instances. The

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<v Speaker 1>shooting of Rodney Wallace is said to have taken place

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<v Speaker 1>on South South Street, just south of the Pennsylvania Railroad.

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<v Speaker 1>Wallace is not considered to be in a serious condition.

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<v Speaker 1>True crime Historian presents yesterday's news tales of classic scandals, scoundrels,

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<v Speaker 1>and scourges told from historic newspapers in the Golden Age

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<v Speaker 1>of yellow journalism. Episode three sixty three takes place in

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<v Speaker 1>rural Ohio when a woman, her daughter, and her daughter's

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<v Speaker 1>suitor are gunned down in front of three young children.

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<v Speaker 1>The daughter's ex husband and father of the children says

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<v Speaker 1>that he arrived at the scene just after the shots

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<v Speaker 1>were fired, but in her dying breath, his ex mother

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<v Speaker 1>in law claims he was the culprit. The kids can't

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<v Speaker 1>get their story straight, so it's up to you to

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<v Speaker 1>put it all together. I'm true crime historian Richard O. Jones,

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<v Speaker 1>and for your consternation and indignation, I give you the

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<v Speaker 1>boy said Papa's shot. The Cuba triple murder Thomas Oliver

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<v Speaker 1>van Dervort, held at the County Jail in connection with

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<v Speaker 1>the triangle murder at Cuba late Saturday night, was arranged

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<v Speaker 1>before Squire Stuart, local Magistrate at ten o'clock. This three

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<v Speaker 1>charges of first degree murder were read to Vandervoort, that

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<v Speaker 1>of shooting and killing his divorced wife, Missus Bertha Whitlow Vandervoort,

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<v Speaker 1>her mother, Missus Susan M. Whitlow, wife of Jeff Whitlow,

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<v Speaker 1>and Howard Bozier, a young man who is alleged was

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<v Speaker 1>calling on Missus Vandervoort and who it is asserted, was

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<v Speaker 1>the cause of much jealousy on the part of Vandervot.

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<v Speaker 1>A charge of shooting with intent to kill Rodney Wallace

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<v Speaker 1>earlier in the evening on South South Street was read

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<v Speaker 1>to the pale faced man, and he stoutly said not

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<v Speaker 1>guilty to all four charges. When ushered into the court

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<v Speaker 1>room a Squire Stuart, a score or more had gathered

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<v Speaker 1>to hear Vanderwort's plea. There was a hush over the room,

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<v Speaker 1>and as the man sank into a chair, he gave

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<v Speaker 1>the appearance of a prisoner weary from worry over the

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<v Speaker 1>case and from the lack of sleep. Van Dervort never

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<v Speaker 1>was rugged looking by nature, and as he faced the

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<v Speaker 1>magistrate this morning, deep wrinkles in his face, told a

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<v Speaker 1>story of sleepless hours in a solitary cell at the

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<v Speaker 1>County jail. Here. I would give my life this morning

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<v Speaker 1>if I only knew who did the shooting Saturday night,

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<v Speaker 1>said Van Dervort to Squire Stuart, as he gave the

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<v Speaker 1>impression of a willingness to repeat his story, which he

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<v Speaker 1>is alleged to have told Sheriff Kirk and Deputy will

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<v Speaker 1>Smith a number of different times, and each time with

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<v Speaker 1>a different version. It happens that at this time there

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<v Speaker 1>is no prisoner in the County Jail but Vandrvort, and

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<v Speaker 1>he is lonesome and seeks to talk with Sheriff Kirk

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<v Speaker 1>at every opportunity. He's told a variety of stories, as

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<v Speaker 1>many different tales, mister Kirk says, as he has taken

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<v Speaker 1>opportunities to talk, no one is permitted to enter the

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<v Speaker 1>cell or talk with the prisoner. He seems pretty blue,

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<v Speaker 1>to use the Sheriff's expression, but keeps presenting new angles

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<v Speaker 1>of the story in an effort to prove his innocence

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<v Speaker 1>of the charge. The house in which the triple murder

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<v Speaker 1>was committed stands on the Gumley Farm, formerly owned by

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<v Speaker 1>every Biggs, and is reached by going west out of

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<v Speaker 1>Cuba under the Baltimore and Ohio Railroad on the Villa's

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<v Speaker 1>Chapel Clarksville Pike and turning to the left at the

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<v Speaker 1>first road. This road is about a mile long and

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<v Speaker 1>connects the Villa's Chapel Pike with the East Fork Road,

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<v Speaker 1>which follows the Creek from the Cuba Midland Wilmington Pike

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<v Speaker 1>at the top of the Roberts Hill to the intersection

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<v Speaker 1>with the Pansy Pike at the Covered Bridge. The house

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<v Speaker 1>in which the murders were committed is the second house

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<v Speaker 1>down the road leading off the Cuba Clarksville Pike. Robert,

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<v Speaker 1>the ten year old son of Van Dervoort and his

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<v Speaker 1>murdered wife, is said to have relayed to the officers

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<v Speaker 1>yesterday how his father the night of the shooting attempted

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<v Speaker 1>to lock the door to keep the lad from getting

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<v Speaker 1>out of the house. The locke failed to hold and

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<v Speaker 1>he ran to the home of Raymond Pope. He is

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<v Speaker 1>alleged to have told the officers. With Pope, he went

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<v Speaker 1>to another neighbor's house, where doctor Basinger of Blanchester was called.

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<v Speaker 1>On the way back to the Witlow house, the boy

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<v Speaker 1>said they met Vandervoort with the other two boys, Nicholas

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<v Speaker 1>aged two and John, aged six, and that Vandervoort tried

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<v Speaker 1>to persuade Robert to go with him to the house

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<v Speaker 1>of Vandervoort's brother near there. The lad claims that he refused,

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<v Speaker 1>but returned to the scene of the murder Presently. Vandervoort

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<v Speaker 1>brought the other two boys back and waited for the

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<v Speaker 1>physician to come. The boy asserted, yesterday C. B. Eichelberger

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<v Speaker 1>of Blanchester called to the home of the Whitlows the

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<v Speaker 1>night of the murder, picked up the automatic Colt pistol,

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<v Speaker 1>and examining it found three loaded cartridges in it. Five

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<v Speaker 1>Having been discharged and ejected from the chamber, mister Eichelberger said, quote,

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<v Speaker 1>I handed the gun to Coroner Kensal after I had

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<v Speaker 1>shown the coroner one just like it I had with me.

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<v Speaker 1>The pistol was a thirty two caliber in good condition,

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<v Speaker 1>it seemed to me. Judge Clevenger of the Common Police

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<v Speaker 1>Court today issued an order sending the three children of

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<v Speaker 1>Van der Voort and his murdered wife to the Clinton

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<v Speaker 1>County Children's Home. They have been into the charge of

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<v Speaker 1>their grandfather, Jeff Whitlow, of Burtonville, since the night of

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<v Speaker 1>the murder. Judge Clevenger issued a decree of divorce to

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<v Speaker 1>Missus Vandervoort about six weeks ago, and at that time

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<v Speaker 1>placed the children in the custody of their mother. Naturally,

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<v Speaker 1>when the present circumstances arose, the children were under the

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<v Speaker 1>jurisdiction of the Common Please Judge January seventeenth, nineteen twenty two.

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<v Speaker 1>The largest crowd in the history of any court hearing

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<v Speaker 1>ever held in Clinton County thronged the court room in

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<v Speaker 1>the lobbies of the courthouse this morning as the trial

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<v Speaker 1>of Thomas Oliver Vandervoort, charged with murder opened. Vandervort will

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<v Speaker 1>face the charge of murder of his twice divorced wife,

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<v Speaker 1>Missus Bertha W. Vandervoort, aged thirty and her mother, Missus

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<v Speaker 1>Susan Whitlow, aged fifty seven, and Howard Bozier, aged twenty four,

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<v Speaker 1>who is alleged to have been calling on Missus Vandervoort.

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<v Speaker 1>The shooting took place on the night of November nineteenth

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<v Speaker 1>at the home of Missus Whitlow and Missus Vandervoort, near Cuba,

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<v Speaker 1>who was also indicted for shooting with intent to kill

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<v Speaker 1>Rodney Wallace, a farmer and friend of Vandervoort, with whom

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<v Speaker 1>it is alleged he got an to an argument earlier

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<v Speaker 1>the same evening, both of the men being intoxicated when

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<v Speaker 1>brought to the jail here. Following his arrest, Van Dervort

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<v Speaker 1>is alleged to have told Sheriff Kirk and Deputy will

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<v Speaker 1>Smith the story that he was walking to the home

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<v Speaker 1>of his brother on the night of the shooting when

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<v Speaker 1>he heard a commotion in the home of his mother

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<v Speaker 1>in law, Missus Whitlow, and that he saw a man

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<v Speaker 1>leap from the house. He entered the house, according to

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<v Speaker 1>his story, where he found his former wife and Boseier

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<v Speaker 1>lying on the floor dead, and where he discovered Missus

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<v Speaker 1>Whitlow on the floor in another room. Mortally wounded. Missus

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<v Speaker 1>van Dervort. Post mortem examination showed was shot through the

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<v Speaker 1>heart and killed instantly. Bosier was shot through the abdomen.

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<v Speaker 1>Missus Whitlow, who is said to have made a dying

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<v Speaker 1>statement that Oliver did it, was rushed to a Blanchester

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<v Speaker 1>high hospital, where she died shortly afterward. The trial this

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<v Speaker 1>morning was late and getting under way. W. B. Rogers

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<v Speaker 1>of Smith Rogers and Smith and the former common please

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<v Speaker 1>Judge E. J. West are defending Van Dervoort, while Joe T.

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<v Speaker 1>Doan is Assistant County Prosecutor Gregory in the prosecution. The

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<v Speaker 1>entire afternoon was taken up in an effort to get

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<v Speaker 1>a jury, and it was expected that it would take

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<v Speaker 1>all day and probably longer, to select twelve persons who

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<v Speaker 1>have not already formed an opinion of the case, who

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<v Speaker 1>belonged to some religious sect that will permit them to

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<v Speaker 1>sit in a murder trial, and who believe in capital punishment.

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<v Speaker 1>The courtroom was crowded to capacity and people were standing

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<v Speaker 1>in the hallways in an effort to get a glimpse

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<v Speaker 1>at the courtroom scene. The crowds began to assemble early

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<v Speaker 1>this morning, and when the doors to the courtroom were opened,

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<v Speaker 1>there was a great rush of seats. Although court was

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<v Speaker 1>for noon today, a majority of the people remained, many

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<v Speaker 1>of them having brought their lunches so that they might

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<v Speaker 1>hold their places. January twenty third, nineteen twenty two, the

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<v Speaker 1>trial of t Oliver Vandervoort on the indictment charging him

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<v Speaker 1>with the first degree murder of Missus Susan M. Whitlow,

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<v Speaker 1>his former mother in law, was reconvened Monday morning at

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<v Speaker 1>nine o'clock before Common Please Judge Frank M. Clevenger and

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<v Speaker 1>the jury, the impaneling of which was concluded Friday, after

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<v Speaker 1>which the members of the jury were taken to the

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<v Speaker 1>murder scene. The State has elected to try Vandervoort on

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<v Speaker 1>the indictment charging murder of Missus Whitlow because of the

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<v Speaker 1>direct testimony it may introduce, rather than on either of

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<v Speaker 1>the indictments charging murder of his former wife, Bertha W.

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<v Speaker 1>Vandervoort and Howard Bozier. Judge Clevenger ordered the exclusion from

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<v Speaker 1>the court room of all witnesses already subpoened by the

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<v Speaker 1>state or defense. Jeff Whitlow, husband of the murdered woman,

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<v Speaker 1>was allowed to remain. The court room was crowded when

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<v Speaker 1>the trial was commenced, and it is evident that at

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<v Speaker 1>no time during the trial, which is expected to be

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<v Speaker 1>long and drawn out, will there be seating room for

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<v Speaker 1>any save the early arrivals. Joe T. Doane, former prosecuting

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<v Speaker 1>attorney and engaged to assist Prosecutor Gregory in the case,

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<v Speaker 1>made the opening statement for the state, quote, the state

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<v Speaker 1>will endeavor to prove all that I call to your

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<v Speaker 1>attention to in the review of the case. A Clinton

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<v Speaker 1>County home has been transformed into a slaughter house, and you,

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<v Speaker 1>the jury, are to decide from the testimony if Thomas

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<v Speaker 1>Oliver Vandervoort is the one guilty of the crime unquote.

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<v Speaker 1>He then read the indictment in full, charging that Missus

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<v Speaker 1>Whitlow had been shot twice in the breast and in

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<v Speaker 1>the stomach. He stated that ever since Bertha and Oliver

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<v Speaker 1>Vandervort were married, they had frequent trouble, and that there

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<v Speaker 1>had been much discord that Oliver drank to excess, and

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<v Speaker 1>that in January nineteen seventeen the wife secured a divorce.

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<v Speaker 1>They were remarried during the war, and Oliver was exempted

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<v Speaker 1>from service in the Army. On this account, the suit

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00:17:30.960 --> 00:17:35.240
<v Speaker 1>for alimony was filed in January last year, agreement being

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00:17:35.279 --> 00:17:39.319
<v Speaker 1>reached and the suit dismissed. That Another suit was filed

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00:17:39.319 --> 00:17:43.160
<v Speaker 1>in September, and a divorce granted in October to Missus Vandervoort,

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00:17:43.720 --> 00:17:48.200
<v Speaker 1>the grounds being extreme cruelty and gross neglect of duty.

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<v Speaker 1>From that time on, Oliver showed his dissatisfaction with matters

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<v Speaker 1>that he tried to find her and her mother at

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<v Speaker 1>the home of Jeff Whitlow in Burtonville two months before

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<v Speaker 1>the shooting. That Oliver exclaimed at that time, by God,

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<v Speaker 1>this will end in bloodshed. Yet on November nineteenth, nineteen

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<v Speaker 1>twenty one, the attorney stated Oliver was in Wilmington in

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<v Speaker 1>company of a friend, Rodney Wallace, and both drank liquor,

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<v Speaker 1>both being under the influence to some extent. Vandervort went

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<v Speaker 1>to the home of his brother in law, Will Cooper

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<v Speaker 1>and changed his clothes. Coming back to Wilmington, he joined

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<v Speaker 1>Wallace and they had an argument at the corner of

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<v Speaker 1>South and Truesdale Streets, Wallace being shot by the defendant,

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<v Speaker 1>but the wound did not prove serious. Vandervort then came

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<v Speaker 1>up town, the attorney declared, got in his automobile and

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<v Speaker 1>went out to Martinsville Road, abandoning his car, walking to

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<v Speaker 1>Morrisville about seven forty five, stopping at Botz's store for tobacco,

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<v Speaker 1>telling the clerk he was in trouble again and said

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<v Speaker 1>his machine was out of gasoline. He arranged with bots

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00:19:01.880 --> 00:19:04.759
<v Speaker 1>to come the next morning and pull the car out,

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00:19:05.680 --> 00:19:08.759
<v Speaker 1>and Van Dervort was to go over to Frank Hares

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<v Speaker 1>to stay all night if he were up. If he

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<v Speaker 1>was not, he was to go to his mother's. The

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<v Speaker 1>attorney went on to claim that Vandervort started in another

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<v Speaker 1>direction of Cuba, stopped at Oscar Brown and inquired for

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<v Speaker 1>a party, not being there, went to Ray Brown's and

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<v Speaker 1>asked for a party and didn't find him. Went to

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<v Speaker 1>Cuba and on to where the road turns in Gumy neighborhood,

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<v Speaker 1>then winds around to the scene of the shooting. Mister

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<v Speaker 1>Done stated that the state will show by evidence that

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<v Speaker 1>Vandervoort had been that way frequently in violation of a

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<v Speaker 1>court order which joined him from interfering with his former

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00:19:47.240 --> 00:19:51.720
<v Speaker 1>wife and their three children Vandervort. Mister Done went on

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<v Speaker 1>approached the front door and knocked Missus Van Dervolt asked,

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<v Speaker 1>who's there? It's me. You know who it is? Was

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<v Speaker 1>the reply. Are you drunk? She asked. If you don't

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<v Speaker 1>open the door, I'll break it in was his response.

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<v Speaker 1>The door was then opened. The wife had little Nicholas,

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<v Speaker 1>aged three, in her arms. Howard Bosier was in the room,

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<v Speaker 1>Missus Whitlow was upstairs putting the other children to bed.

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<v Speaker 1>The prosecution then charged that Vandervort at once shot his

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<v Speaker 1>former wife using an automatic revolver. She fell dead. Missus Whitlow,

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<v Speaker 1>hearing the report, rushed downstairs. Then Bosier was shot, and

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<v Speaker 1>then Vandervoort stomped his wife in the face and likewise Bosier,

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<v Speaker 1>leaving heel prints on their faces. Then Missus Whitlow was shot.

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<v Speaker 1>She fell, arose and was shot again, either wound being

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<v Speaker 1>sufficient to cause death. The attorney claimed that Missus Whitlow

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00:20:59.759 --> 00:21:02.920
<v Speaker 1>was grabbed by her hair, dragged over the floor of

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<v Speaker 1>the kitchen, and was then hurled near the door. The

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00:21:07.079 --> 00:21:10.160
<v Speaker 1>children were screaming and the little boy Rodney, wanted to

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00:21:10.160 --> 00:21:12.880
<v Speaker 1>go for help, but the father told him that if

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<v Speaker 1>anyone asked about the shooting to say that his father

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<v Speaker 1>wasn't there. The boy evaded the father and picked up

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<v Speaker 1>another gun off the floor. The lad went for help, and,

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<v Speaker 1>being frightened, fired into the ground. Yelling for help. He

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00:21:28.359 --> 00:21:31.119
<v Speaker 1>went back and met his father and the other two children.

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<v Speaker 1>On the way to his brother's Ira Vandrvoort, they met

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<v Speaker 1>Pope and Rodney said, Papa, I wish you had been

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<v Speaker 1>there when it happened. Oliver made no explanation to Pope.

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<v Speaker 1>On the way back to the house, other neighbors came in.

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<v Speaker 1>Missus Whitlow was found on the floor, still alive and conscious.

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<v Speaker 1>Doctor Basinger of Blanchester arrived first of the physicians called

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<v Speaker 1>and talked to her. When she found she was about

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<v Speaker 1>to die, she told the star of the shooting. Little Nicholas,

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00:22:03.200 --> 00:22:06.880
<v Speaker 1>sitting on his father's knee, said, oh, father, you shot mother,

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<v Speaker 1>grandmother and that other man. Vandervoort replied, oh no. The

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00:22:12.000 --> 00:22:15.240
<v Speaker 1>child then kissed his father, who wept, but offered no

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<v Speaker 1>explanation and offered no help and showed no grief. Bodies

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<v Speaker 1>of Missus van Dervort and Bosier were taken to Blanchester.

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<v Speaker 1>Missus Whitlow was taking an ambulance to Blanchester hospital and

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<v Speaker 1>again said that Vandervoort did the shooting. She lived fifteen

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<v Speaker 1>minutes after arriving at the hospital and five minutes before

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<v Speaker 1>she expired. She said, so help me, God, Oliver Vandervoort

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<v Speaker 1>did this shooting.

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<v Speaker 2>To avoid future commercial interruptions, visit us at www dot

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<v Speaker 2>com patreon dot com slash true Crime Historian. For as

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00:23:05.000 --> 00:23:07.599
<v Speaker 2>little as a dollar a week, you can enjoy full

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00:23:07.720 --> 00:23:13.000
<v Speaker 2>access to the true crime historian Dusty Vault, exclusive episodes,

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00:23:13.079 --> 00:23:19.000
<v Speaker 2>and whatever personal services you require. That's www dot patreon

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00:23:19.160 --> 00:23:22.240
<v Speaker 2>dot com slash true Crime Historian.

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<v Speaker 1>Attorney W. B. Rogers, whose ability as a criminal lawyer

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00:23:32.880 --> 00:23:37.079
<v Speaker 1>is statewide and the opening argument for the defense, expressed

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<v Speaker 1>himself as profoundly impressed with the seriousness of the present situation. Quote.

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<v Speaker 1>Ever since the tragedy, the defendant has been confined in

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<v Speaker 1>a cell and his opportunity to develop his defense has

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<v Speaker 1>been handicapped. I want to impress you, the jury, with

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<v Speaker 1>the importance of your position. This indictment has but one count,

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<v Speaker 1>murder and the first degree, but the court will tell

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00:24:01.880 --> 00:24:04.759
<v Speaker 1>you that other crimes are also involved in the indictment.

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<v Speaker 1>First degree murder must be premeditated deliberated and malicious. He

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00:24:11.519 --> 00:24:16.000
<v Speaker 1>explained second degree murder, manslaughter and assault and battery. The

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<v Speaker 1>state must prove the charge beyond a reasonable doubt quote

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<v Speaker 1>the defense is ready to lay its cards on the table.

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<v Speaker 1>Face up. Our story dovetales in many incidents with the

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<v Speaker 1>story of the state. Oliver Vandervoort was one of nine children,

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<v Speaker 1>son of n. R. And Alice Vandervoort, a well known family.

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<v Speaker 1>He was the fifth child and a resident of this

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<v Speaker 1>county all his life. In his youth he contracted the

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<v Speaker 1>liquor habit, and due to this he associated with persons

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<v Speaker 1>of the lower strata and absorbed their manner of living.

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<v Speaker 1>He thus met Bertha Whitlow, a grass widow, and married her.

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<v Speaker 1>His life was a sea of turmoil woe from that

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<v Speaker 1>hour on. His wife did sue for divorce, but we

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<v Speaker 1>can show that the suit was not contested and was

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00:25:08.640 --> 00:25:12.359
<v Speaker 1>by agreement. They were remarried, but it was a case

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00:25:12.400 --> 00:25:16.279
<v Speaker 1>of too much mother in law, Missus Whitlow, was separated

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<v Speaker 1>from Jeff Whitlow, so she came to live in the

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00:25:18.799 --> 00:25:23.599
<v Speaker 1>home and caused much discord. A second suit for divorce

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00:25:23.720 --> 00:25:28.000
<v Speaker 1>was instituted, but withdrawn and by mutual consent, a divorce

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00:25:28.119 --> 00:25:31.279
<v Speaker 1>was granted. Testimony will show that on the day of

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<v Speaker 1>the tragedy, Vandervoort bought furs on the corner of South

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<v Speaker 1>and Sugar Tree Streets. The day before, he had been

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00:25:38.599 --> 00:25:41.079
<v Speaker 1>to his wife's home and arranged that she and the

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00:25:41.160 --> 00:25:44.160
<v Speaker 1>children go to live at the home of Jeff Whitlow

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<v Speaker 1>in Burtonville. About three o'clock Saturday afternoon, his attention was

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<v Speaker 1>called to the fact that his wife's horse and buggy

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<v Speaker 1>was in town. She saw Bozier in the post office.

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<v Speaker 1>Bozier was a married man with a family. Vandervoort met

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00:26:02.119 --> 00:26:05.799
<v Speaker 1>his former wife near the Hadley Grocery, went with her

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00:26:05.799 --> 00:26:08.920
<v Speaker 1>into the store and gave her five dollar bill for groceries,

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00:26:09.440 --> 00:26:12.119
<v Speaker 1>she buying three dollars worth and giving him the two

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00:26:12.200 --> 00:26:16.680
<v Speaker 1>dollars change. Vandervort then met Wallace and they agreed to

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00:26:16.759 --> 00:26:20.079
<v Speaker 1>buy some liquor and the prisoner furnishing the most of

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00:26:20.119 --> 00:26:23.920
<v Speaker 1>the money. The liquor was obtained and they drank some

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00:26:24.440 --> 00:26:28.599
<v Speaker 1>and divided the rest at the Pennsylvania Railroad toilet. The

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00:26:28.680 --> 00:26:34.240
<v Speaker 1>testimony will probably divulge where the liquor was obtained. Vandervoort

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<v Speaker 1>then sold furs for one hundred and twenty one dollars,

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00:26:37.680 --> 00:26:40.559
<v Speaker 1>getting a check for eighty the other forty one having

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00:26:40.599 --> 00:26:45.359
<v Speaker 1>been advanced. Wallace kept hanging around and possibly other drinks

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00:26:45.400 --> 00:26:49.640
<v Speaker 1>were taken. Vandrvoort only had one or two drinks until

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00:26:49.680 --> 00:26:55.039
<v Speaker 1>he was crazy drunk, the liquor being ranked poison. His

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<v Speaker 1>concluding remarks were that the defense denies absolutely that this

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<v Speaker 1>defendant had anything whatsoever to do with the killing, and

392
00:27:02.640 --> 00:27:06.079
<v Speaker 1>hopes that the testimony may develop who the real murderer

393
00:27:06.119 --> 00:27:10.240
<v Speaker 1>may be. All witnesses present were sworn and the court

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<v Speaker 1>adjourned until one o'clock, when the taking of testimony would

395
00:27:13.960 --> 00:27:18.119
<v Speaker 1>be begun. Judge Clevenger cautioned the jurors to talk to

396
00:27:18.200 --> 00:27:22.960
<v Speaker 1>no one concerning the case. Great interests centered in the

397
00:27:23.000 --> 00:27:26.400
<v Speaker 1>Monday afternoon session in the determined effort to get the

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00:27:26.400 --> 00:27:30.559
<v Speaker 1>statements made by the Vandrvoort children ruled out as incompetent.

399
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<v Speaker 1>When doctor Basinger, the first witness, was called, he started

400
00:27:35.200 --> 00:27:37.680
<v Speaker 1>to tell what the child Nicholas said, when he was

401
00:27:37.720 --> 00:27:42.480
<v Speaker 1>stopped by objections of the defense. Judge Clevenger ordered the

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00:27:42.559 --> 00:27:45.880
<v Speaker 1>jury recessed until he could hear the testimony and have

403
00:27:45.960 --> 00:27:50.640
<v Speaker 1>authorities looked up. In the meantime, the witness was allowed

404
00:27:50.680 --> 00:27:55.160
<v Speaker 1>to proceed with the testimony. Doctor Basinger said that Nicholas

405
00:27:55.160 --> 00:27:58.720
<v Speaker 1>got on his father's lap and said, Papa, you shot Grandma,

406
00:27:58.839 --> 00:28:02.680
<v Speaker 1>didn't you. Vant said no, it was the other man.

407
00:28:03.519 --> 00:28:07.079
<v Speaker 1>Nicholas then said, yes, you shot mama and the other

408
00:28:07.160 --> 00:28:11.960
<v Speaker 1>man too. Then Nicholas kissed Vandervolt, who dropped his head

409
00:28:12.000 --> 00:28:15.960
<v Speaker 1>and wept. During the cross examination, he said that missus

410
00:28:16.000 --> 00:28:18.559
<v Speaker 1>Whitlow did not say who did the deed until he

411
00:28:18.640 --> 00:28:23.960
<v Speaker 1>inquired she was afraid she would die before reaching the hospital.

412
00:28:25.119 --> 00:28:29.160
<v Speaker 1>Missus Whitlow said in the house quote, the dirty brute

413
00:28:29.200 --> 00:28:31.839
<v Speaker 1>couldn't kill me by shooting twice, so he drug me

414
00:28:31.880 --> 00:28:35.400
<v Speaker 1>around the room unquote. Witness did not hear her say,

415
00:28:35.880 --> 00:28:38.480
<v Speaker 1>thank God, he will get what is coming to him now.

416
00:28:39.359 --> 00:28:44.279
<v Speaker 1>Missus Whitlow did not sign any statements. At this point,

417
00:28:44.400 --> 00:28:47.440
<v Speaker 1>Judge Clevenger announced that the authorities he had sawt had

418
00:28:47.480 --> 00:28:50.799
<v Speaker 1>been looked up, and he ordered the jury returned. He

419
00:28:50.960 --> 00:28:54.359
<v Speaker 1>ruled that only such testimony could be held competent that

420
00:28:54.519 --> 00:28:58.640
<v Speaker 1>repeated what the children had said, and Vandervort responded to

421
00:28:59.160 --> 00:29:01.880
<v Speaker 1>showing that he knew knew what they were saying. The

422
00:29:01.960 --> 00:29:07.759
<v Speaker 1>trial then proceeded. Doctor Basinger, recalled to the stand, told

423
00:29:07.799 --> 00:29:11.519
<v Speaker 1>the jury the conversation between the defendant and the little boy, Nicholas.

424
00:29:11.920 --> 00:29:16.440
<v Speaker 1>The defense's objection was overruled. Missus Whitlow said that the

425
00:29:16.480 --> 00:29:19.599
<v Speaker 1>defendant kicked and stamped the face and bodies of Bertha

426
00:29:19.680 --> 00:29:24.799
<v Speaker 1>Vandervoort and Howard Bozier. Missus Whitlow repeated in the ambulance

427
00:29:25.119 --> 00:29:30.039
<v Speaker 1>the accusation that Vandervoort did the shooting. Doctor Basinger said

428
00:29:30.039 --> 00:29:32.799
<v Speaker 1>that he took a revolver and shotgun along with him,

429
00:29:33.079 --> 00:29:34.920
<v Speaker 1>as he did not know what kind of case he

430
00:29:35.000 --> 00:29:39.799
<v Speaker 1>was getting into, as information was vague. Doctor Gibson arrived

431
00:29:39.799 --> 00:29:43.200
<v Speaker 1>about five minutes after he reached the house. Probably he

432
00:29:43.279 --> 00:29:46.559
<v Speaker 1>arrived about ten forty. He knew it wasn't yet eleven.

433
00:29:47.480 --> 00:29:49.880
<v Speaker 1>He entered by the kitchen. The light was on the

434
00:29:49.960 --> 00:29:53.000
<v Speaker 1>kitchen table. Missus Whitlow was lying on her back with

435
00:29:53.079 --> 00:29:56.680
<v Speaker 1>her feet toward the stove. He saw gon on the table,

436
00:29:56.960 --> 00:30:00.319
<v Speaker 1>probably the thirty two. No light in a front room.

437
00:30:00.960 --> 00:30:04.720
<v Speaker 1>There was a fire in the stove. Van Dervoort offered

438
00:30:04.759 --> 00:30:09.279
<v Speaker 1>no explanation. The witness said, this looks pretty tough, and

439
00:30:09.319 --> 00:30:13.400
<v Speaker 1>he kneeled by Missus Whitlow to make examination. He noticed

440
00:30:13.400 --> 00:30:16.480
<v Speaker 1>that Vandervot had been drinking when he took hold of him.

441
00:30:17.160 --> 00:30:20.440
<v Speaker 1>The conversations between the witness and Missus Whitlow, and the

442
00:30:20.519 --> 00:30:24.160
<v Speaker 1>replies of Robert and the defendant were gone into detail,

443
00:30:24.400 --> 00:30:27.720
<v Speaker 1>but no new facts were developed beyond those brought out

444
00:30:27.759 --> 00:30:32.039
<v Speaker 1>in the direct examination. Robert at no time accused his

445
00:30:32.160 --> 00:30:36.480
<v Speaker 1>father of committing the crime. Robert was fully dressed, and

446
00:30:36.519 --> 00:30:40.839
<v Speaker 1>so were the other children. Doctor and Missus Bryan came

447
00:30:40.920 --> 00:30:45.400
<v Speaker 1>shortly after the witness. Missus Whitlow had not disrobed for bed.

448
00:30:46.200 --> 00:30:48.799
<v Speaker 1>She said the shooting had occurred some time after nine

449
00:30:48.839 --> 00:30:52.480
<v Speaker 1>o'clock and that Bozier had come to see Bertha. The

450
00:30:52.519 --> 00:30:55.599
<v Speaker 1>witness found no gun on Bozier and saw no gun

451
00:30:55.880 --> 00:30:59.400
<v Speaker 1>in the front room. Bozier was lying on the right side,

452
00:30:59.720 --> 00:31:02.680
<v Speaker 1>with the left arm around the chair, which was knocked over.

453
00:31:03.279 --> 00:31:06.119
<v Speaker 1>His right arm was bent under him. The body of

454
00:31:06.119 --> 00:31:09.519
<v Speaker 1>Bertha Vandervort was lying almost flat on her back, feet

455
00:31:09.559 --> 00:31:12.960
<v Speaker 1>toward Bosier. The body of Bozer was between her and

456
00:31:13.039 --> 00:31:17.000
<v Speaker 1>the stairway. Two chairs were upside down, but no other

457
00:31:17.039 --> 00:31:22.039
<v Speaker 1>evidence of commotion. The window shades were drawn. The sheriff

458
00:31:22.160 --> 00:31:25.759
<v Speaker 1>arrived about two. The witness gave him the pistol picked

459
00:31:25.799 --> 00:31:28.720
<v Speaker 1>up in the kitchen. The sheriff was still in the

460
00:31:28.759 --> 00:31:32.599
<v Speaker 1>house when he left. Something had been put under the

461
00:31:32.640 --> 00:31:36.680
<v Speaker 1>head of Missus Whitlow, no covering over the body. He

462
00:31:36.720 --> 00:31:40.519
<v Speaker 1>saw no whiskey in the house, saw no noseglasses near

463
00:31:40.559 --> 00:31:48.200
<v Speaker 1>the body. Of birth of Vandervoort. January twenty fourth, nineteen

464
00:31:48.319 --> 00:31:54.599
<v Speaker 1>twenty two. Claude by Eichelberger of Blanchester was the next

465
00:31:54.640 --> 00:31:57.640
<v Speaker 1>witness for the state. He had been an undertaker for

466
00:31:57.759 --> 00:32:02.079
<v Speaker 1>fifteen years. Said he was was driving the ambulance from

467
00:32:02.119 --> 00:32:05.599
<v Speaker 1>the scene of the tragedy to Blanchester. When anchoring the

468
00:32:05.680 --> 00:32:08.720
<v Speaker 1>cot in the ambulance, he heard Missus Whitlow tell Doctor

469
00:32:08.759 --> 00:32:11.880
<v Speaker 1>Basinger that she was shot first in the front room,

470
00:32:12.240 --> 00:32:15.240
<v Speaker 1>fell got up, ran and was shot a second time,

471
00:32:15.799 --> 00:32:19.680
<v Speaker 1>fell to the floor in the kitchen. The road was rough,

472
00:32:19.720 --> 00:32:22.839
<v Speaker 1>and Missus Whitlow said, my god, I'll die before I

473
00:32:22.880 --> 00:32:27.240
<v Speaker 1>get there. And he heard Missus Whitlow say he did it,

474
00:32:27.519 --> 00:32:31.400
<v Speaker 1>and he knows he did it. This testimony was given

475
00:32:31.440 --> 00:32:35.160
<v Speaker 1>after a vigorous objection of the defense, which was overruled

476
00:32:35.160 --> 00:32:40.559
<v Speaker 1>by the court Raymond Pope, who lives near Cuba, testified

477
00:32:40.559 --> 00:32:42.640
<v Speaker 1>that on the night of the tragedy, he was sitting

478
00:32:42.640 --> 00:32:46.440
<v Speaker 1>in his house reading and about ten o'clock heard children yelling.

479
00:32:47.039 --> 00:32:49.920
<v Speaker 1>His wife said they were calling for help. He heard

480
00:32:49.960 --> 00:32:53.200
<v Speaker 1>three or four shots and children yelling for help again.

481
00:32:54.119 --> 00:32:57.119
<v Speaker 1>In a few minutes, Oliver Vandervoort and his three boys

482
00:32:57.200 --> 00:32:59.920
<v Speaker 1>came by. He told the witness he was going to

483
00:33:00.200 --> 00:33:04.640
<v Speaker 1>house to telephone, but turned back with Pope. One boy, Robert,

484
00:33:04.680 --> 00:33:07.240
<v Speaker 1>asked the father, why didn't you get here sooner Papa,

485
00:33:07.640 --> 00:33:12.799
<v Speaker 1>and Vandervort replied, I wished I had. Robert said, Stanley

486
00:33:12.839 --> 00:33:15.920
<v Speaker 1>Thompson was here last night. Maybe he was here tonight.

487
00:33:17.000 --> 00:33:20.720
<v Speaker 1>Vandervort said, maybe he's already been here and done the shooting.

488
00:33:21.160 --> 00:33:23.480
<v Speaker 1>Pope said he saw the bodies and then went to

489
00:33:23.519 --> 00:33:26.440
<v Speaker 1>the telephone, and when when he got back, the Brians

490
00:33:26.440 --> 00:33:30.920
<v Speaker 1>were there. Missus Whitlow wanted some relatives at Hyland called

491
00:33:31.720 --> 00:33:35.480
<v Speaker 1>Vandervort did not talk to the witness at all. Doctor

492
00:33:35.519 --> 00:33:39.000
<v Speaker 1>Basinger arrived in about half an hour. Pope built a fire.

493
00:33:39.640 --> 00:33:42.799
<v Speaker 1>The witness heard the conversation between Missus Whitlow and doctor

494
00:33:42.799 --> 00:33:47.039
<v Speaker 1>Basinger in the presence of the defendant. Missus Whitlow said

495
00:33:47.079 --> 00:33:50.519
<v Speaker 1>she was upstairs and that Oliver shot Bertha and Bozier

496
00:33:50.799 --> 00:33:53.279
<v Speaker 1>and then shot her and drug her by the hair.

497
00:33:54.400 --> 00:33:57.920
<v Speaker 1>Vandervort said nothing. Missus Whitlow did not tell about the

498
00:33:57.920 --> 00:34:00.960
<v Speaker 1>shooting until the doctor told her she would die, and

499
00:34:01.000 --> 00:34:03.240
<v Speaker 1>then she said she would tell the truth, so help

500
00:34:03.240 --> 00:34:06.720
<v Speaker 1>her God. The witness went into the front room for

501
00:34:06.839 --> 00:34:10.440
<v Speaker 1>quilts to cover the children. He had a light with them.

502
00:34:10.480 --> 00:34:13.760
<v Speaker 1>He described the position of the bodies as testified by

503
00:34:13.760 --> 00:34:17.239
<v Speaker 1>the previous witness. He saw the bodies later, after the

504
00:34:17.280 --> 00:34:20.840
<v Speaker 1>coroner came. He went into the front room toward Cuba

505
00:34:20.880 --> 00:34:24.039
<v Speaker 1>and saw gun. The sheriff was not there at the time.

506
00:34:25.320 --> 00:34:27.599
<v Speaker 1>He stayed at the house until six in the morning.

507
00:34:28.480 --> 00:34:31.599
<v Speaker 1>He heard Vandervort say, I knew Susan would blame it

508
00:34:31.639 --> 00:34:35.159
<v Speaker 1>on to me. When Missus Whitlow told doctor Basinger about

509
00:34:35.159 --> 00:34:39.880
<v Speaker 1>the shooting. He heard Vandervort tell the sheriff that old

510
00:34:39.920 --> 00:34:44.400
<v Speaker 1>woman always had it in for me. The witness lives

511
00:34:44.440 --> 00:34:47.119
<v Speaker 1>about a quarter of a mile from the Whitlow house.

512
00:34:50.679 --> 00:34:57.159
<v Speaker 1>January twenty fifth, nineteen twenty two. High points in the

513
00:34:57.199 --> 00:35:01.000
<v Speaker 1>hearing of the testimony Wednesday were pass evidence of the

514
00:35:01.079 --> 00:35:04.880
<v Speaker 1>quarrel and the shooting scrape indulged in by Rodney Wallace

515
00:35:04.920 --> 00:35:08.440
<v Speaker 1>and Vandervoort the night of the crime in Wilmington, and

516
00:35:08.480 --> 00:35:13.400
<v Speaker 1>the corroboration of Claude Eichelberger's testimony regarding a revolver found

517
00:35:13.400 --> 00:35:16.639
<v Speaker 1>at the scene of the tragedy by John Doffman, also

518
00:35:16.719 --> 00:35:20.320
<v Speaker 1>of Blanchester. A touch of pathos creeped into the hearing

519
00:35:20.360 --> 00:35:23.880
<v Speaker 1>this morning when Missus Laura Bryan, a near neighbor of

520
00:35:23.920 --> 00:35:27.559
<v Speaker 1>Missus van Dervoort and Missus Whitlow, told of going into

521
00:35:27.559 --> 00:35:30.679
<v Speaker 1>the room where the two dead bodies lay, and tenderly

522
00:35:30.719 --> 00:35:33.599
<v Speaker 1>taking away with her little Johnny, the six year old

523
00:35:33.679 --> 00:35:37.000
<v Speaker 1>son of the murdered woman, who was clinging to her body.

524
00:35:37.880 --> 00:35:42.519
<v Speaker 1>Large crowds again attended the Wednesday sessions, and early arrivals

525
00:35:42.559 --> 00:35:46.119
<v Speaker 1>were a little nonplussed when told of Judge Clevenger's order

526
00:35:46.159 --> 00:35:48.719
<v Speaker 1>that the courtroom was to be cleared at noon to

527
00:35:48.840 --> 00:35:53.239
<v Speaker 1>permit ventilation. This made a grand rush for seats when

528
00:35:53.280 --> 00:35:57.360
<v Speaker 1>the doors again opened after noon, and again all available

529
00:35:57.400 --> 00:36:01.480
<v Speaker 1>points of vantage were quickly taken and were left outside.

530
00:36:02.480 --> 00:36:07.199
<v Speaker 1>Raymond Pope, in cross examination, said that the children were yelling,

531
00:36:07.480 --> 00:36:11.320
<v Speaker 1>not crying. When the witness first heard commotion. The next

532
00:36:11.360 --> 00:36:15.239
<v Speaker 1>outcry was Within five minutes, shots were fired, and then

533
00:36:15.320 --> 00:36:19.599
<v Speaker 1>the second yelling occurred. Vandervoort appeared to be sober, but

534
00:36:19.679 --> 00:36:22.719
<v Speaker 1>his breath smelled of liquor. He sat in a chair

535
00:36:22.760 --> 00:36:27.480
<v Speaker 1>almost the entire time. Doctor Basinger searched Vandervot for a gun,

536
00:36:27.519 --> 00:36:31.199
<v Speaker 1>but found none. Mister Satchel, upon order of the doctor,

537
00:36:31.599 --> 00:36:34.880
<v Speaker 1>guarded the defendant with a forty five caliber automatic until

538
00:36:34.880 --> 00:36:45.199
<v Speaker 1>the sheriff came. January twenty fifth, nineteen twenty two, Minnie Miller,

539
00:36:45.360 --> 00:36:49.239
<v Speaker 1>who lives in Wilmington, testified that she was acquainted with

540
00:36:49.320 --> 00:36:52.639
<v Speaker 1>Oliver Vandervoort, had known him about a year and knew

541
00:36:52.679 --> 00:36:56.639
<v Speaker 1>his wife. She talked with Vandervot on the street shortly

542
00:36:56.679 --> 00:37:01.000
<v Speaker 1>after he secured his divorce last fall. Talked about Bertha

543
00:37:01.039 --> 00:37:04.840
<v Speaker 1>and where she had moved. Oliver said he hadn't been down,

544
00:37:04.960 --> 00:37:08.639
<v Speaker 1>but intended to go. The witness said, bet you and

545
00:37:08.719 --> 00:37:12.760
<v Speaker 1>Bertha get married again, and Vandervort said, well, I don't

546
00:37:12.760 --> 00:37:15.000
<v Speaker 1>know so much about that, but if I don't live

547
00:37:15.039 --> 00:37:19.800
<v Speaker 1>with her, nobody else will unquote. A motion to exclude

548
00:37:19.800 --> 00:37:24.599
<v Speaker 1>her testimony was overruled. Missus. Miller said that she lived

549
00:37:24.639 --> 00:37:29.119
<v Speaker 1>in Brown Highland and Adams Counties before living here, that

550
00:37:29.199 --> 00:37:32.920
<v Speaker 1>her husband has been dead nine years. She's talked about

551
00:37:32.960 --> 00:37:36.480
<v Speaker 1>this matter to several people and told the sheriff yesterday

552
00:37:36.880 --> 00:37:40.079
<v Speaker 1>that the conversation occurred in front of Moore's fruit store.

553
00:37:40.880 --> 00:37:45.360
<v Speaker 1>Vandervoort did not appear excited or disturbed. The witness asked

554
00:37:45.440 --> 00:37:49.639
<v Speaker 1>Vandervort if he had seen Albert Bernard. She didn't think

555
00:37:49.679 --> 00:37:53.599
<v Speaker 1>anything more about the conversation until after the shooting, which

556
00:37:53.639 --> 00:37:57.480
<v Speaker 1>was probably several weeks afterwards. She did not think she

557
00:37:57.519 --> 00:38:01.400
<v Speaker 1>heard Vandervort say, quote, under conditions, no one could live

558
00:38:01.440 --> 00:38:08.239
<v Speaker 1>with Bertha, not even I could unquote Missus elmer Rton

559
00:38:08.400 --> 00:38:12.960
<v Speaker 1>heard quarreling near the home of Charles Swain. Vandervort was

560
00:38:13.000 --> 00:38:17.239
<v Speaker 1>accusing Wallace of taking a part of something. She said

561
00:38:17.280 --> 00:38:19.840
<v Speaker 1>she's known both men for a number of years and

562
00:38:19.960 --> 00:38:23.360
<v Speaker 1>heard the report of a gun. Then saw Vandervort back

563
00:38:23.440 --> 00:38:29.039
<v Speaker 1>Wallace across the street. Vandervort's hand was extended, arm out stretched,

564
00:38:29.440 --> 00:38:31.039
<v Speaker 1>but it was too dark to see if he had

565
00:38:31.039 --> 00:38:33.440
<v Speaker 1>a gun in his hand. There was a machine near

566
00:38:33.480 --> 00:38:37.519
<v Speaker 1>the drive. She saw persons across the street. Vandervort got

567
00:38:37.519 --> 00:38:40.840
<v Speaker 1>in the machine and went toward town. She saw the

568
00:38:40.880 --> 00:38:44.159
<v Speaker 1>machine go as far as the railroad, and saw Wallace

569
00:38:44.280 --> 00:38:47.440
<v Speaker 1>walk as far as done street. She did not see

570
00:38:47.480 --> 00:38:51.280
<v Speaker 1>a whiskey bottle. The men quarreled in loud tones and

571
00:38:51.320 --> 00:38:54.079
<v Speaker 1>with much profanity. She heard the report of a gun,

572
00:38:54.159 --> 00:38:57.159
<v Speaker 1>but did not see the flash. The report was not

573
00:38:57.280 --> 00:39:00.880
<v Speaker 1>as loud as an automobile tire blowing out. The men

574
00:39:00.920 --> 00:39:04.159
<v Speaker 1>were close together when the gun was fired. She does

575
00:39:04.199 --> 00:39:08.000
<v Speaker 1>not know what they did across the street. She's known

576
00:39:08.079 --> 00:39:12.519
<v Speaker 1>Oliver Vandervoort all of his life, having lived two doors

577
00:39:12.559 --> 00:39:16.960
<v Speaker 1>from the family when Robert was a baby. Robert van Dervoort,

578
00:39:17.280 --> 00:39:20.320
<v Speaker 1>the eleven year old son of Thomas Oliver van Dervort,

579
00:39:20.800 --> 00:39:24.880
<v Speaker 1>created the most intense situation since the trial began. When

580
00:39:24.920 --> 00:39:28.199
<v Speaker 1>he was placed on the stand by the prosecution. He

581
00:39:28.320 --> 00:39:31.199
<v Speaker 1>told of members of his family, where he lived at

582
00:39:31.199 --> 00:39:34.079
<v Speaker 1>the time of the crime, et cetera. He said he

583
00:39:34.079 --> 00:39:37.039
<v Speaker 1>remembered the shooting. He heard noise at the front door

584
00:39:37.119 --> 00:39:39.840
<v Speaker 1>after he had gone to bed at six o'clock. His

585
00:39:39.960 --> 00:39:42.760
<v Speaker 1>grandma and his brothers were with him. Took off his

586
00:39:42.880 --> 00:39:45.920
<v Speaker 1>clothes and said it was after dark. Said he came

587
00:39:45.960 --> 00:39:49.159
<v Speaker 1>downstairs again because he heard some shots. He saw his

588
00:39:49.280 --> 00:39:52.960
<v Speaker 1>mother lying on the floor dead. His grandma was upstairs,

589
00:39:52.960 --> 00:39:59.760
<v Speaker 1>and when she came down he saw her shot. January

590
00:39:59.760 --> 00:40:07.199
<v Speaker 1>twent twenty sixth, nineteen twenty two, Rodney Wallace was sworn.

591
00:40:07.599 --> 00:40:11.400
<v Speaker 1>He had known Oliver Vandervoort six or seven years. He

592
00:40:11.440 --> 00:40:15.519
<v Speaker 1>saw him on the evening of November nineteenth, nineteen twenty one,

593
00:40:15.679 --> 00:40:19.480
<v Speaker 1>about four o'clock at Buster's Corner. He talked to him

594
00:40:19.480 --> 00:40:22.599
<v Speaker 1>there a little bit, then went back up town, came

595
00:40:22.639 --> 00:40:26.800
<v Speaker 1>back and saw Vandervoort about five o'clock. They stayed together,

596
00:40:26.920 --> 00:40:30.920
<v Speaker 1>then arranging to go to Sabina together. Oliver said he

597
00:40:30.960 --> 00:40:32.920
<v Speaker 1>had to go out to his brother in law's house

598
00:40:32.960 --> 00:40:36.320
<v Speaker 1>to change clothes. The witness went with him by the

599
00:40:36.360 --> 00:40:41.519
<v Speaker 1>Burtonville Road. Vandervort changed his clothes. They got back to town

600
00:40:41.599 --> 00:40:45.440
<v Speaker 1>probably between six and seven o'clock. The two men had

601
00:40:45.440 --> 00:40:48.920
<v Speaker 1>been drinking white mule whiskey. The witness said he did

602
00:40:48.960 --> 00:40:51.360
<v Speaker 1>not pay for the whiskey and had not been drinking

603
00:40:51.480 --> 00:40:55.480
<v Speaker 1>until this was purchased. He saw a court bottle and

604
00:40:55.559 --> 00:40:58.000
<v Speaker 1>drank out of it. He had the bottle on the

605
00:40:58.039 --> 00:41:01.480
<v Speaker 1>way out to change the clothes and back. He didn't

606
00:41:01.519 --> 00:41:05.880
<v Speaker 1>see Vandervort drink. They made the trip in Vandervort's automobile.

607
00:41:06.519 --> 00:41:09.119
<v Speaker 1>They stopped on South Street, beyond the street that goes

608
00:41:09.119 --> 00:41:13.320
<v Speaker 1>to the cemetery. Vandervoort ordered Wallace out of his machine

609
00:41:13.360 --> 00:41:16.920
<v Speaker 1>because of a fuss. Both men got out and were

610
00:41:16.960 --> 00:41:20.960
<v Speaker 1>still fussing. Vandervort shot the witness and the right shoulder.

611
00:41:21.320 --> 00:41:25.559
<v Speaker 1>The bullet passed entirely through the body. No hole had

612
00:41:25.599 --> 00:41:28.760
<v Speaker 1>been made in the underwear by the bullet. He saw

613
00:41:28.800 --> 00:41:33.159
<v Speaker 1>the bullet in his shoe the next morning. He identified

614
00:41:33.159 --> 00:41:36.239
<v Speaker 1>the bullet as being similar to one found in the shoe.

615
00:41:37.039 --> 00:41:39.719
<v Speaker 1>He found the bullet at his mother's house, put it

616
00:41:39.760 --> 00:41:42.559
<v Speaker 1>in his pocket, and gave it to his father. He

617
00:41:42.679 --> 00:41:45.880
<v Speaker 1>was drunk when he was shot and didn't remember anything

618
00:41:45.920 --> 00:41:49.920
<v Speaker 1>else that occurred with Vandervort. He went out South Street

619
00:41:49.960 --> 00:41:52.320
<v Speaker 1>to near Short Street and laid down by a tree

620
00:41:52.360 --> 00:41:55.360
<v Speaker 1>on South Street and remained there the biggest part of

621
00:41:55.400 --> 00:41:58.599
<v Speaker 1>the night. He went to sleep and woke before morning.

622
00:41:59.039 --> 00:42:02.000
<v Speaker 1>He had sobered up by that time. He found himself

623
00:42:02.079 --> 00:42:05.320
<v Speaker 1>soar all over. He went down to his brother's house

624
00:42:05.360 --> 00:42:07.360
<v Speaker 1>by going down Short Street and the B and O

625
00:42:07.480 --> 00:42:11.159
<v Speaker 1>railroad to Locust Street. He got there about four thirty

626
00:42:11.239 --> 00:42:14.519
<v Speaker 1>or five o'clock in the morning. He did not see

627
00:42:14.599 --> 00:42:19.119
<v Speaker 1>vandervod again that night. He then had medical attention when

628
00:42:19.159 --> 00:42:23.360
<v Speaker 1>doctor Yoakley attended to the wounds. Sheriff Kirk came to

629
00:42:23.440 --> 00:42:26.960
<v Speaker 1>the house. As the doctor left, the witness showed him

630
00:42:26.960 --> 00:42:29.719
<v Speaker 1>the hole in the coat where the bullet entered. The

631
00:42:29.760 --> 00:42:33.480
<v Speaker 1>wound was not serious. The witness removed the collar and

632
00:42:33.559 --> 00:42:36.320
<v Speaker 1>tie and showed the jury the scar and the neck

633
00:42:36.360 --> 00:42:39.199
<v Speaker 1>where the bullet entered and the point of exit. He

634
00:42:39.280 --> 00:42:42.119
<v Speaker 1>also showed the hole in the underwear where the bullet entered.

635
00:42:42.719 --> 00:42:44.840
<v Speaker 1>He could find no hole in the back of the

636
00:42:44.880 --> 00:42:48.440
<v Speaker 1>neck of the underwear. The witness said he was raised

637
00:42:48.440 --> 00:42:52.199
<v Speaker 1>in Sciota County and lived at Starbucktown about a year.

638
00:42:52.920 --> 00:42:56.519
<v Speaker 1>He is twenty eight years old. He knew Oliver Vandervoort

639
00:42:56.599 --> 00:42:59.199
<v Speaker 1>and his wife Bertha from when they lived in Antioch.

640
00:43:00.039 --> 00:43:03.320
<v Speaker 1>He knew Susan Whitlow, but didn't remember ever being in

641
00:43:03.360 --> 00:43:06.800
<v Speaker 1>their home any place. He was not in the habit

642
00:43:06.880 --> 00:43:10.079
<v Speaker 1>of getting drunk, but he had been drunk before. He

643
00:43:10.159 --> 00:43:13.159
<v Speaker 1>did not see Oliver drink. He got the quart bottle

644
00:43:13.559 --> 00:43:17.599
<v Speaker 1>out of Vandervoort's machine. There were furs in the machine

645
00:43:17.679 --> 00:43:21.000
<v Speaker 1>and also lying in the street. He spent most of

646
00:43:21.039 --> 00:43:24.159
<v Speaker 1>the afternoon in the Howard pool room. He did not

647
00:43:24.280 --> 00:43:27.719
<v Speaker 1>see Bertha Vandervoort the afternoon of the shooting any place.

648
00:43:28.320 --> 00:43:31.840
<v Speaker 1>He knows Boser saw him talking to Vandervort that day.

649
00:43:32.079 --> 00:43:34.760
<v Speaker 1>He thought Oliver and Bosier were to be good friends.

650
00:43:35.559 --> 00:43:38.480
<v Speaker 1>The liquor was on a seat under a robe. The

651
00:43:38.519 --> 00:43:40.960
<v Speaker 1>witness said he got in the machine and sat down

652
00:43:41.000 --> 00:43:44.760
<v Speaker 1>on a bottle. He was familiar with white Mule whiskey.

653
00:43:44.800 --> 00:43:47.760
<v Speaker 1>He had drunk it before. He took a drink right away,

654
00:43:48.000 --> 00:43:52.440
<v Speaker 1>just an ordinary size drink, good, big swallow. Oliver said

655
00:43:52.480 --> 00:43:55.039
<v Speaker 1>he didn't want any He had three or four drinks

656
00:43:55.039 --> 00:43:57.880
<v Speaker 1>on the way out to Cooper's. He didn't see Oliver

657
00:43:57.960 --> 00:44:01.039
<v Speaker 1>take a drink the whole time. The bottle was about

658
00:44:01.039 --> 00:44:04.239
<v Speaker 1>two thirds full when the auto arrived at Cooper's. He

659
00:44:04.320 --> 00:44:07.159
<v Speaker 1>drank two or three times on the way back. Oliver

660
00:44:07.280 --> 00:44:10.239
<v Speaker 1>did not complain. He did not put the bottle in

661
00:44:10.320 --> 00:44:12.519
<v Speaker 1>his pocket, and did not offer to get liquor for

662
00:44:12.639 --> 00:44:15.880
<v Speaker 1>Vandervort that afternoon, and did not put up part of

663
00:44:15.920 --> 00:44:19.519
<v Speaker 1>the money to purchase the liquor. He didn't see anyone

664
00:44:19.639 --> 00:44:22.239
<v Speaker 1>but himself take drinks out of the bottle, and doesn't

665
00:44:22.280 --> 00:44:24.639
<v Speaker 1>know how many drinks he took, but he left the

666
00:44:24.679 --> 00:44:27.360
<v Speaker 1>bottle in the machine and saw it no more. After

667
00:44:27.360 --> 00:44:32.360
<v Speaker 1>the shooting on South Street, he said Vandervoort was not sober,

668
00:44:32.480 --> 00:44:34.400
<v Speaker 1>but he didn't know whether you would call him drunk

669
00:44:34.519 --> 00:44:37.519
<v Speaker 1>or not. Didn't know whether he was under the influence

670
00:44:37.559 --> 00:44:40.760
<v Speaker 1>of liquor before starting out for Cooper's, and didn't know

671
00:44:40.760 --> 00:44:44.000
<v Speaker 1>whether Vandervoort was sober or not. He didn't act like

672
00:44:44.079 --> 00:44:48.880
<v Speaker 1>he was sober. There was only one shot fired, but

673
00:44:48.920 --> 00:44:51.760
<v Speaker 1>the witness didn't know what made him say, you missed me.

674
00:44:52.639 --> 00:44:55.199
<v Speaker 1>They were close together when he was shot, and he

675
00:44:55.239 --> 00:44:59.199
<v Speaker 1>didn't stagger. He did not know he had been shot.

676
00:45:00.280 --> 00:45:02.800
<v Speaker 1>He got on the railroad near the canning factory and

677
00:45:02.920 --> 00:45:05.679
<v Speaker 1>was near daylight, but he didn't remember whether he had

678
00:45:05.719 --> 00:45:09.320
<v Speaker 1>been raining. He had his overcoat on and the ground

679
00:45:09.440 --> 00:45:12.800
<v Speaker 1>was dry. He got off the track at Locust Street.

680
00:45:12.920 --> 00:45:16.000
<v Speaker 1>His brother lives in the first house beyond the railroad

681
00:45:16.000 --> 00:45:19.280
<v Speaker 1>on Locust Street, but his brother was not up. The

682
00:45:19.320 --> 00:45:22.119
<v Speaker 1>witness pounded on the door and the brother let him in.

683
00:45:22.719 --> 00:45:24.960
<v Speaker 1>He did not go to bed instead. He took off

684
00:45:25.000 --> 00:45:27.679
<v Speaker 1>his shoe as it hurt his foot. He found the

685
00:45:27.719 --> 00:45:30.760
<v Speaker 1>bullet inside of his sock. He had not felt the

686
00:45:30.760 --> 00:45:33.239
<v Speaker 1>bullet any place else on his body. He did not

687
00:45:33.360 --> 00:45:36.960
<v Speaker 1>wear supporters, but wore a Union suit. He put the

688
00:45:36.960 --> 00:45:40.480
<v Speaker 1>bullet in his pocket. His brother's wife was up and

689
00:45:40.519 --> 00:45:43.599
<v Speaker 1>he showed the bullet to her. Didn't remember whether the

690
00:45:43.639 --> 00:45:46.239
<v Speaker 1>brother was there at that time or not, but he

691
00:45:46.320 --> 00:45:49.559
<v Speaker 1>was sobering up by then. His brother went in after

692
00:45:49.599 --> 00:45:52.639
<v Speaker 1>the horse, and his father came in and drove him

693
00:45:52.679 --> 00:45:56.400
<v Speaker 1>directly home. They sent for doctor Yoakley, who came in

694
00:45:56.480 --> 00:45:59.159
<v Speaker 1>about an hour. He did not go to bed and

695
00:45:59.320 --> 00:46:02.119
<v Speaker 1>was not bleeding, but there was blood on his shirt.

696
00:46:02.760 --> 00:46:05.400
<v Speaker 1>He showed the bullet to doctor Yoakley and then gave

697
00:46:05.440 --> 00:46:08.280
<v Speaker 1>it to his father. He can't swear that the bullet

698
00:46:08.320 --> 00:46:10.519
<v Speaker 1>shown is the same one, but it looks like it.

699
00:46:11.039 --> 00:46:13.719
<v Speaker 1>He was pretty sore all that day, but not in

700
00:46:13.800 --> 00:46:16.880
<v Speaker 1>much pain. He stayed at home until about three in

701
00:46:16.920 --> 00:46:21.039
<v Speaker 1>the afternoon, and then he went to Blanchester. He knew

702
00:46:21.039 --> 00:46:24.719
<v Speaker 1>nothing of the killing until the sheriff told him. Jeff

703
00:46:24.760 --> 00:46:28.360
<v Speaker 1>Whitlow testified that he lives at Burtonville, where he moved

704
00:46:28.480 --> 00:46:33.719
<v Speaker 1>last fall from Morrisville. Susan Whitlow was his wife. Oliver

705
00:46:33.800 --> 00:46:38.000
<v Speaker 1>Whitlow married his daughter. His daughter lived at Morrisville, then

706
00:46:38.079 --> 00:46:41.480
<v Speaker 1>moved to Wilmington, and then went to live on Gumley's Place,

707
00:46:41.840 --> 00:46:44.360
<v Speaker 1>which is about a mile and a half below Cuba.

708
00:46:44.719 --> 00:46:47.719
<v Speaker 1>Bertha was divorced from Oliver at the time of the shooting.

709
00:46:48.119 --> 00:46:50.920
<v Speaker 1>Had been divorced but a few days he has a

710
00:46:50.960 --> 00:46:54.920
<v Speaker 1>relative in Springfield, his wife's brother. The wife went to

711
00:46:54.960 --> 00:46:58.840
<v Speaker 1>the funeral of this man's wife. Oliver Vandervoort went to

712
00:46:58.880 --> 00:47:01.679
<v Speaker 1>the home of the witness and Bonville while missus Whitlow

713
00:47:01.760 --> 00:47:05.639
<v Speaker 1>was away. Vandervort asked for Bertha, but she was not there.

714
00:47:06.440 --> 00:47:09.639
<v Speaker 1>Vandervort threw his coat on the floor and said, by God,

715
00:47:09.679 --> 00:47:13.239
<v Speaker 1>there will be some bloodshed about this. Yet he asked

716
00:47:13.239 --> 00:47:16.000
<v Speaker 1>the children to go with him. Just after this he

717
00:47:16.119 --> 00:47:18.639
<v Speaker 1>spoke like he was angry, but did not come in

718
00:47:18.719 --> 00:47:22.400
<v Speaker 1>the house. Whitlow said he first heard of the shooting

719
00:47:22.440 --> 00:47:26.239
<v Speaker 1>about three o'clock in the morning. Sheriff Kirk and Deputy

720
00:47:26.280 --> 00:47:30.280
<v Speaker 1>Sheriff Smith, Vanderbort and the three children came to the house.

721
00:47:30.960 --> 00:47:34.079
<v Speaker 1>Vandervort said, there's been a little shooting at our house.

722
00:47:34.719 --> 00:47:38.840
<v Speaker 1>The witness said, Oliver, have you been drinking? He answered yes,

723
00:47:38.960 --> 00:47:42.840
<v Speaker 1>a little Vandervort told about the shooting, but said nothing

724
00:47:42.880 --> 00:47:46.079
<v Speaker 1>about who did it. Oliver asked the witness to care

725
00:47:46.159 --> 00:47:49.440
<v Speaker 1>for the children, and the sheriff took the children on

726
00:47:49.480 --> 00:47:54.679
<v Speaker 1>the following Wednesday to the children's home. In cross examination,

727
00:47:55.119 --> 00:47:58.079
<v Speaker 1>Whitlow said he's not spoken to Robert about the shooting

728
00:47:58.400 --> 00:48:01.199
<v Speaker 1>since the night had happened. He told the lawyers from

729
00:48:01.239 --> 00:48:03.960
<v Speaker 1>the defense several days ago that Robert would tell the

730
00:48:04.039 --> 00:48:07.000
<v Speaker 1>truth from the witness stand if the witness were present,

731
00:48:07.039 --> 00:48:09.000
<v Speaker 1>because he would know there would be someone there to

732
00:48:09.079 --> 00:48:13.760
<v Speaker 1>protect him. Robert is nervous. He does not remember Robert

733
00:48:13.760 --> 00:48:17.400
<v Speaker 1>telling about the two men doing the shooting. Oliver did

734
00:48:17.440 --> 00:48:20.039
<v Speaker 1>not tell who did the shooting. He said he didn't

735
00:48:20.079 --> 00:48:23.239
<v Speaker 1>recall when Oliver got his coat he threw on the floor.

736
00:48:23.800 --> 00:48:27.039
<v Speaker 1>He said the conversation with Oliver and Burtonville was about

737
00:48:27.039 --> 00:48:30.760
<v Speaker 1>a week before the shooting. He said that Bertha was

738
00:48:30.800 --> 00:48:33.360
<v Speaker 1>going to move in with the witness the next week.

739
00:48:34.639 --> 00:48:38.480
<v Speaker 1>Will Kirk, the sheriff of Clinton County, testified he was

740
00:48:38.519 --> 00:48:41.639
<v Speaker 1>called to the scene of the shooting by telephone. The

741
00:48:41.719 --> 00:48:44.639
<v Speaker 1>call came near midnight, and he went at once. He

742
00:48:44.679 --> 00:48:48.159
<v Speaker 1>found doctor Basinger in the yard. The doctor handed the

743
00:48:48.199 --> 00:48:51.599
<v Speaker 1>witness a revolver, who put it in his pocket. That

744
00:48:51.719 --> 00:48:54.360
<v Speaker 1>revolver is in the office of the sheriff at present.

745
00:48:54.920 --> 00:48:57.360
<v Speaker 1>He went into the house, saw Missus Whitlow on the

746
00:48:57.400 --> 00:49:01.599
<v Speaker 1>floor and several people in the kitchen. Oliver Vandervort was

747
00:49:01.639 --> 00:49:04.920
<v Speaker 1>in the room, sitting in a chair. I reckon, you've

748
00:49:04.920 --> 00:49:08.280
<v Speaker 1>come after me, he said. He went into the sitting

749
00:49:08.360 --> 00:49:10.719
<v Speaker 1>room and saw the two dead bodies on the floor.

750
00:49:11.559 --> 00:49:14.199
<v Speaker 1>He heard Missus Whitlow say in the presence of the

751
00:49:14.239 --> 00:49:17.039
<v Speaker 1>defendant that had hurt her to move as they were

752
00:49:17.039 --> 00:49:21.159
<v Speaker 1>going to put her on the ambulance cot. He examined

753
00:49:21.199 --> 00:49:24.719
<v Speaker 1>the faces of Bertha and Bozier and found bruises on

754
00:49:24.800 --> 00:49:28.400
<v Speaker 1>both of them. He saw no other revolver at that time.

755
00:49:29.639 --> 00:49:32.880
<v Speaker 1>He went to the neighbors to telephone the coroner. He

756
00:49:32.960 --> 00:49:36.239
<v Speaker 1>went to Burtonville with Deputy Smith and left the children

757
00:49:36.280 --> 00:49:39.119
<v Speaker 1>at the home of Jeff Whitlow. Then he put Oliver

758
00:49:39.239 --> 00:49:42.519
<v Speaker 1>in jail and had to talk with him. Then he

759
00:49:42.599 --> 00:49:46.639
<v Speaker 1>asked the defendant what he knew about the shooting. Vanderwort

760
00:49:46.639 --> 00:49:48.880
<v Speaker 1>said he was going down to Iris to help him.

761
00:49:48.880 --> 00:49:53.039
<v Speaker 1>Set some traps. Heard the children cry. When near a bridge,

762
00:49:53.320 --> 00:49:55.840
<v Speaker 1>He looked over toward the house and saw two persons

763
00:49:55.880 --> 00:49:58.800
<v Speaker 1>coming out of the kitchen door and go down the pike.

764
00:50:00.159 --> 00:50:03.199
<v Speaker 1>In the house saw missus Whitlow on the floor. The

765
00:50:03.320 --> 00:50:06.280
<v Speaker 1>children were crying. He looked in the front room and

766
00:50:06.320 --> 00:50:09.480
<v Speaker 1>saw the bodies. He picked up his wife's head, but

767
00:50:09.559 --> 00:50:11.840
<v Speaker 1>she was too near dead to tell who did it.

768
00:50:12.480 --> 00:50:14.760
<v Speaker 1>He went to Susan Whitlow and asked her who did it,

769
00:50:14.800 --> 00:50:17.440
<v Speaker 1>and she said they did it. Go get him. He

770
00:50:17.519 --> 00:50:20.800
<v Speaker 1>looked all over the house but could find no one.

771
00:50:20.880 --> 00:50:23.280
<v Speaker 1>The sheriff said he learned of the shooting of Rodney

772
00:50:23.320 --> 00:50:27.519
<v Speaker 1>Wallace the next morning from Carrie Wallace, probably between seven

773
00:50:27.559 --> 00:50:30.599
<v Speaker 1>and eight o'clock. He went to the home of Rodney

774
00:50:30.599 --> 00:50:33.480
<v Speaker 1>Wallace as he had been shot, but did not see

775
00:50:33.480 --> 00:50:37.199
<v Speaker 1>the wound. He didn't recall seeing the doctor there. The

776
00:50:37.280 --> 00:50:40.679
<v Speaker 1>father of Rodney Wallace gave the sheriff a bullet. The

777
00:50:40.760 --> 00:50:44.039
<v Speaker 1>sheriff identified the bullet, which was admitted to evidence as

778
00:50:44.079 --> 00:50:48.440
<v Speaker 1>Exhibit three. He talked to Vandervoort again on arrival back

779
00:50:48.480 --> 00:50:52.239
<v Speaker 1>at the jail. Vandervoort said he was with Rodney Wallace

780
00:50:52.360 --> 00:50:55.280
<v Speaker 1>before going to Cuba. He said that Rodney wanted to

781
00:50:55.320 --> 00:50:58.480
<v Speaker 1>go to Sabinah, so they went to Cooper's to change clothes,

782
00:50:59.079 --> 00:51:01.320
<v Speaker 1>and Wallace got out of the notion to going to

783
00:51:01.360 --> 00:51:04.679
<v Speaker 1>Sabinah and got out of the machine near the railroad.

784
00:51:05.719 --> 00:51:08.599
<v Speaker 1>He said Wallace wanted to borrow a revolver from Vandervoort

785
00:51:08.679 --> 00:51:11.440
<v Speaker 1>that was at Cooper's, so he got the revolver and

786
00:51:11.480 --> 00:51:14.000
<v Speaker 1>gave it to Wallace, who tried to load it but

787
00:51:14.079 --> 00:51:17.119
<v Speaker 1>couldn't get it together. They stopped on South Street and

788
00:51:17.159 --> 00:51:19.360
<v Speaker 1>tried to help load it, and it went off, but

789
00:51:19.480 --> 00:51:22.519
<v Speaker 1>said Wallace said he was not hit. He thought either

790
00:51:22.559 --> 00:51:26.679
<v Speaker 1>Wallace had the gun or it was still in the machine.

791
00:51:26.760 --> 00:51:29.400
<v Speaker 1>The sheriff said he found the machine near Morrisville with

792
00:51:29.480 --> 00:51:33.239
<v Speaker 1>the revolver in it. Vandervoort remembered that he had abandoned

793
00:51:33.280 --> 00:51:38.679
<v Speaker 1>the machine near Morrisville. Vandervort said that Wallace suggested getting

794
00:51:38.760 --> 00:51:41.119
<v Speaker 1>whiskey that could be bought for three dollars a quart.

795
00:51:41.840 --> 00:51:44.440
<v Speaker 1>That Vandervort put up a dollar eighty in Wallace a

796
00:51:44.480 --> 00:51:48.159
<v Speaker 1>dollar twenty, and Wallace bought a court of whiskey, and

797
00:51:48.280 --> 00:51:51.159
<v Speaker 1>thus they both drank. Going out and coming back from

798
00:51:51.199 --> 00:51:55.320
<v Speaker 1>Cooper's Vandervort sent for Kirk and said he didn't tell

799
00:51:55.360 --> 00:51:58.320
<v Speaker 1>him right about the shooting out on South Street. He

800
00:51:58.360 --> 00:52:00.800
<v Speaker 1>said the Wallace wanted to go to s and got

801
00:52:00.800 --> 00:52:03.639
<v Speaker 1>a quart of whiskey. They went out to Cooper's and

802
00:52:03.679 --> 00:52:07.679
<v Speaker 1>while Vandervort changed his clothes, Wallace divided the whiskey into

803
00:52:07.679 --> 00:52:13.159
<v Speaker 1>two bottles. Wallace wouldn't drink from Vanderwort's bottle. Vandervort felt

804
00:52:13.159 --> 00:52:16.880
<v Speaker 1>like he was slipping pretty fast on South Street. Wallace

805
00:52:16.920 --> 00:52:18.920
<v Speaker 1>took hold of the steering wheel of the auto and

806
00:52:18.960 --> 00:52:22.480
<v Speaker 1>guided the machine to the curb. Both men got out.

807
00:52:23.000 --> 00:52:26.159
<v Speaker 1>Vandervort heard a noise behind him and looked around and

808
00:52:26.239 --> 00:52:31.519
<v Speaker 1>saw Cotton Wallace with a gun. Cotton said now I've

809
00:52:31.559 --> 00:52:35.960
<v Speaker 1>got you and shot. He missed Vandervoort and hit Rodney Wallace.

810
00:52:36.880 --> 00:52:40.239
<v Speaker 1>Vanderwort said he thought the Wallaces had framed up and

811
00:52:40.360 --> 00:52:44.400
<v Speaker 1>doped the whiskey. Vandervort told the witness that he threw

812
00:52:44.480 --> 00:52:48.039
<v Speaker 1>up in Cuba and felt better. The night of the tragedy,

813
00:52:48.559 --> 00:52:51.960
<v Speaker 1>he said he went two places to inquire for Robert Foreman.

814
00:52:52.480 --> 00:52:55.280
<v Speaker 1>He said he wanted to pull out his machine. He

815
00:52:55.400 --> 00:52:59.360
<v Speaker 1>talked to Oliver about the automatic pistol. Vandervort said he

816
00:52:59.440 --> 00:53:04.119
<v Speaker 1>had one, someone had stolen it from him. In cross examination,

817
00:53:04.519 --> 00:53:09.159
<v Speaker 1>Sheriff Kirk said he found Oliver's machine about noon Sunday.

818
00:53:10.000 --> 00:53:12.599
<v Speaker 1>There was a fox skin in the back, moth eaten.

819
00:53:12.960 --> 00:53:15.960
<v Speaker 1>He found the whiskey. The gun was under the cushion

820
00:53:16.039 --> 00:53:19.480
<v Speaker 1>on the right side near the back. The sheriff said

821
00:53:19.519 --> 00:53:22.840
<v Speaker 1>that Van Dervoord has at no time expressed sorrow about

822
00:53:22.840 --> 00:53:25.440
<v Speaker 1>the death of his wife and mother in law. He

823
00:53:25.519 --> 00:53:27.719
<v Speaker 1>did say he would like to send some flowers to

824
00:53:27.760 --> 00:53:31.519
<v Speaker 1>the funeral and asked if he could go. The state

825
00:53:31.760 --> 00:53:35.559
<v Speaker 1>rested its case with the understanding that Jeff Whitlow could

826
00:53:35.599 --> 00:53:39.400
<v Speaker 1>be called later to identify the revolver. The defense then

827
00:53:39.480 --> 00:53:42.159
<v Speaker 1>made the motion that all the evidence regarding the dying

828
00:53:42.239 --> 00:53:46.079
<v Speaker 1>declarations of Susan Whitlow be stricken from the records and

829
00:53:46.119 --> 00:53:51.360
<v Speaker 1>withdrawn from the jury. The motion was overruled and exceptions noted.

830
00:53:57.639 --> 00:54:01.199
<v Speaker 1>Raymond bab was the first witness called for the defense.

831
00:54:02.199 --> 00:54:05.519
<v Speaker 1>He testified he saw Vandervoort just across the road from

832
00:54:05.559 --> 00:54:09.719
<v Speaker 1>Thompson's tenant property. The machine was on the right hand

833
00:54:09.800 --> 00:54:13.199
<v Speaker 1>side from the hedge fence. A machine was in the

834
00:54:13.239 --> 00:54:17.440
<v Speaker 1>middle of the road headed toward Morrisville. Two fellas flagged

835
00:54:17.480 --> 00:54:21.679
<v Speaker 1>the witness down. One of them was Albert Hall. Vandervoort's

836
00:54:21.719 --> 00:54:26.159
<v Speaker 1>machine was in the ditch. The road was slick. Oliver

837
00:54:26.360 --> 00:54:28.719
<v Speaker 1>was in the machine to the right of the steering wheel.

838
00:54:29.719 --> 00:54:32.679
<v Speaker 1>The witness would say that he was drunk, he had

839
00:54:32.719 --> 00:54:36.199
<v Speaker 1>no chains, but helped him out over the ditch. The

840
00:54:36.239 --> 00:54:39.920
<v Speaker 1>witness left while Vandervort was still in the machine. That

841
00:54:40.079 --> 00:54:43.119
<v Speaker 1>was about seven or seven point thirty. There was no

842
00:54:43.239 --> 00:54:48.840
<v Speaker 1>cross examination. Faye Botts ran a store during the past

843
00:54:48.920 --> 00:54:53.159
<v Speaker 1>year at Morrisville. He had known Oliver Vandervoort all his life.

844
00:54:53.440 --> 00:54:56.159
<v Speaker 1>They went to school together. He saw him the night

845
00:54:56.199 --> 00:54:59.320
<v Speaker 1>of the tragedy at the store. The stores closed for

846
00:54:59.400 --> 00:55:01.320
<v Speaker 1>the night, but there was a knock on the side

847
00:55:01.360 --> 00:55:05.639
<v Speaker 1>door and someone called him by his nickname Tater. Vandervort

848
00:55:05.800 --> 00:55:09.199
<v Speaker 1>wanted a piece of tobacco. The witness got it for him.

849
00:55:09.440 --> 00:55:12.760
<v Speaker 1>Vandervort had a crazy look on his face. His mind

850
00:55:12.800 --> 00:55:15.800
<v Speaker 1>seemed to be at times blank, and sometimes seemed to

851
00:55:15.840 --> 00:55:18.400
<v Speaker 1>know what he was talking about. But he did not

852
00:55:18.599 --> 00:55:22.559
<v Speaker 1>smell liquor. Vanderwort said that damned old machine was in

853
00:55:22.599 --> 00:55:25.760
<v Speaker 1>the ditch. The defendant thought it was too late that

854
00:55:25.920 --> 00:55:28.880
<v Speaker 1>night to get it out and wanted help. The next morning,

855
00:55:29.360 --> 00:55:31.519
<v Speaker 1>he said he was going to Frank Harres to spend

856
00:55:31.559 --> 00:55:35.840
<v Speaker 1>the night. The clock struck eight just as Vandervort left.

857
00:55:36.559 --> 00:55:39.639
<v Speaker 1>Oliver said I'm in trouble again and then said my

858
00:55:39.760 --> 00:55:43.760
<v Speaker 1>damned old machine is in the ditch. The witness said,

859
00:55:43.760 --> 00:55:47.320
<v Speaker 1>what's the matter. Are you crazy? And Vanderwort said, I

860
00:55:47.320 --> 00:55:50.679
<v Speaker 1>don't know. It seems like sometimes my mind is a blank.

861
00:55:51.000 --> 00:55:54.239
<v Speaker 1>Vanderwort said, I've been drinking and I think somebody has

862
00:55:54.360 --> 00:55:57.679
<v Speaker 1>doped with my booze. Witness said he never told anybody

863
00:55:57.719 --> 00:56:04.360
<v Speaker 1>that Vandervort was drunk that night. On Friday afternoon, the

864
00:56:04.480 --> 00:56:07.320
<v Speaker 1>largest crowd that had been in attendance since the trial

865
00:56:07.400 --> 00:56:12.360
<v Speaker 1>opened was in the courtroom. Every inch of standing room

866
00:56:12.559 --> 00:56:17.239
<v Speaker 1>was taken. The first witness of the afternoon, Samuel L. Steele,

867
00:56:17.840 --> 00:56:20.440
<v Speaker 1>said that he saw Rodney Wallace on the Cuba Road

868
00:56:20.480 --> 00:56:23.480
<v Speaker 1>near Pertinville the night of the tragedy about seven o'clock

869
00:56:23.880 --> 00:56:29.800
<v Speaker 1>going south at ne Leyman Blanchester insurance man told of

870
00:56:29.840 --> 00:56:32.920
<v Speaker 1>making the trip to Whitlow Vandervoort home with the ambulance.

871
00:56:33.280 --> 00:56:36.760
<v Speaker 1>He said he heard Robert Vandervoort describe parties who did

872
00:56:36.800 --> 00:56:39.840
<v Speaker 1>the killing, but the court would not allow conversation to

873
00:56:39.840 --> 00:56:42.760
<v Speaker 1>be given out on grounds that it was not competent.

874
00:56:43.440 --> 00:56:48.679
<v Speaker 1>Defense took exceptions. William Wheeler, living near Cuba, said he

875
00:56:48.760 --> 00:56:51.280
<v Speaker 1>was coon hunting the night of the tragedy and he

876
00:56:51.280 --> 00:56:54.199
<v Speaker 1>heard a lot of shooting. Sounded like bang bang bang,

877
00:56:54.639 --> 00:56:58.000
<v Speaker 1>heard the passenger train going past, heard more than one

878
00:56:58.079 --> 00:57:01.960
<v Speaker 1>man hollering, thought it was bwelling crowd, and paid little

879
00:57:02.000 --> 00:57:18.440
<v Speaker 1>attention to it. Enjoy ad free listening at this safehouse.

880
00:57:19.079 --> 00:57:30.599
<v Speaker 1>Dubawadba dot Patreon dot com, slash True Crime Historian, January

881
00:57:30.599 --> 00:57:36.880
<v Speaker 1>twenty eighth, nineteen twenty two. What is probably the trump

882
00:57:37.000 --> 00:57:41.599
<v Speaker 1>card in the defense of Thomas Oliver Vandervort was played Saturday,

883
00:57:41.840 --> 00:57:46.760
<v Speaker 1>when the defendant was placed on the stand. With perfect calmness,

884
00:57:47.079 --> 00:57:50.119
<v Speaker 1>Vandervoort traced his steps on the day and night of

885
00:57:50.159 --> 00:57:54.000
<v Speaker 1>the tragedy. At no time was he nervous, and his

886
00:57:54.119 --> 00:57:58.719
<v Speaker 1>story came in a clear cut manner. He frankly admitted

887
00:57:58.719 --> 00:58:01.320
<v Speaker 1>that he was intoxicated on the day and night of

888
00:58:01.360 --> 00:58:04.039
<v Speaker 1>the crime, and when he was unable to give a

889
00:58:04.039 --> 00:58:09.119
<v Speaker 1>clear answer to a question, he frankly said so seldom

890
00:58:09.199 --> 00:58:11.719
<v Speaker 1>has a man charged with a triple murder been so

891
00:58:11.960 --> 00:58:15.320
<v Speaker 1>self possessed before a jury trying him for his life,

892
00:58:16.039 --> 00:58:19.360
<v Speaker 1>And when court adjourned at noon, the accused man had

893
00:58:19.400 --> 00:58:23.400
<v Speaker 1>not shown any nervousness for the first time since the

894
00:58:23.480 --> 00:58:27.800
<v Speaker 1>trial commenced. The defendant's mother was not in court, hence

895
00:58:28.239 --> 00:58:32.639
<v Speaker 1>was spared the ordeal of hearing her son's testimony. Oliver

896
00:58:32.840 --> 00:58:36.880
<v Speaker 1>van Dervoort said that he has four sisters and four brothers,

897
00:58:37.280 --> 00:58:40.800
<v Speaker 1>and he was the fifth child. His mother's maiden name

898
00:58:40.960 --> 00:58:43.559
<v Speaker 1>was Alice Devers, and his father had been dead a

899
00:58:43.639 --> 00:58:47.719
<v Speaker 1>year in July. He was born near Antioch and lived

900
00:58:47.719 --> 00:58:50.639
<v Speaker 1>in the county all of his life. When he married

901
00:58:50.679 --> 00:58:53.960
<v Speaker 1>Bertha Whitlow, she had been married before to Claude Goodwin.

902
00:58:54.719 --> 00:58:57.719
<v Speaker 1>She had no children at that time. They were married

903
00:58:57.760 --> 00:59:00.880
<v Speaker 1>the first time in nineteen oh eight, and then were divorced.

904
00:59:01.360 --> 00:59:05.360
<v Speaker 1>They had two children by this marriage. Robert was the firstborn,

905
00:59:05.400 --> 00:59:08.719
<v Speaker 1>and the second was Johnny. He didn't know for sure

906
00:59:08.760 --> 00:59:11.079
<v Speaker 1>when the first divorce was granted, but thinks it was

907
00:59:11.119 --> 00:59:16.159
<v Speaker 1>around nineteen seventeen. They remarried soon after that, probably in May.

908
00:59:16.760 --> 00:59:19.880
<v Speaker 1>Nicholas and another child that lived only a few hours

909
00:59:19.920 --> 00:59:24.079
<v Speaker 1>were born in the second marriage. Nicholas has just passed

910
00:59:24.119 --> 00:59:28.000
<v Speaker 1>three and Robert is about eleven. They were living at

911
00:59:28.039 --> 00:59:32.239
<v Speaker 1>Morrisville when the second divorce occurred. He thinks Bertha and

912
00:59:32.280 --> 00:59:36.320
<v Speaker 1>missus Whitlow moved near Cuba in September. A suit for

913
00:59:36.400 --> 00:59:40.000
<v Speaker 1>alimony was filed last winter, but the suit was withdrawn.

914
00:59:41.079 --> 00:59:45.280
<v Speaker 1>They lived together about a week after that. The defendant

915
00:59:45.320 --> 00:59:47.480
<v Speaker 1>said that he started to drink when he was about

916
00:59:47.519 --> 00:59:52.440
<v Speaker 1>eighteen years old and has used intoxicants ever since. He

917
00:59:52.559 --> 00:59:56.039
<v Speaker 1>was married when he was twenty one. Bertha was seventeen,

918
00:59:56.079 --> 01:00:00.079
<v Speaker 1>but said she was eighteen. He said that susan As

919
01:00:00.119 --> 01:00:02.639
<v Speaker 1>and Whitlow lived with them right smart of the time.

920
01:00:03.360 --> 01:00:07.280
<v Speaker 1>Jeff Whitlow lived in Morrisville when the defendant did. They

921
01:00:07.320 --> 01:00:11.119
<v Speaker 1>lived in Morrisville about a year on Ireland Place when

922
01:00:11.159 --> 01:00:14.719
<v Speaker 1>the first suit was instituted. They lived in Wilmington last

923
01:00:14.760 --> 01:00:17.880
<v Speaker 1>spring or winter. Mother was not a member of the

924
01:00:17.920 --> 01:00:23.159
<v Speaker 1>family at that time. He remember Saturday, November nineteenth, nineteen

925
01:00:23.280 --> 01:00:26.119
<v Speaker 1>twenty one, on the day before he went to his

926
01:00:26.199 --> 01:00:30.159
<v Speaker 1>wife's house, came past from iris was going to talk

927
01:00:30.199 --> 01:00:33.480
<v Speaker 1>to her about helping her move. He took tax out

928
01:00:33.480 --> 01:00:38.199
<v Speaker 1>of one carpet Bertha packed things in boxes. He put

929
01:00:38.199 --> 01:00:41.079
<v Speaker 1>them in the machine and took them to Burtonville. Missus

930
01:00:41.119 --> 01:00:45.079
<v Speaker 1>Whitlow was there. He knew that an injunction had been

931
01:00:45.119 --> 01:00:47.880
<v Speaker 1>issued by the court for the defendant not to interfere

932
01:00:48.199 --> 01:00:51.880
<v Speaker 1>with the care or custody of the children. He did

933
01:00:51.880 --> 01:00:56.280
<v Speaker 1>not discuss the children. On Friday, when Bertha went to Dalton's,

934
01:00:56.400 --> 01:01:00.199
<v Speaker 1>witnessed talked to Judge Clevenger. He was pretty strict and

935
01:01:00.280 --> 01:01:06.159
<v Speaker 1>told the defendant to observe the injunction. Bert Thorpe advised

936
01:01:06.159 --> 01:01:09.400
<v Speaker 1>the witness to see the judge. Bertha had told the

937
01:01:09.400 --> 01:01:11.760
<v Speaker 1>witness that she was going to work at Dalton's for

938
01:01:11.800 --> 01:01:16.559
<v Speaker 1>sixteen weeks and wouldn't be with the children the next Sunday.

939
01:01:16.639 --> 01:01:18.800
<v Speaker 1>He felt that if Bertha wasn't going to stay with

940
01:01:18.880 --> 01:01:21.480
<v Speaker 1>the children, he ought to be allowed to, so he

941
01:01:21.519 --> 01:01:25.239
<v Speaker 1>went to see Judge Clevenger. The judge advised the witness

942
01:01:25.280 --> 01:01:27.840
<v Speaker 1>to get an attorney and take the matter up in

943
01:01:27.920 --> 01:01:32.039
<v Speaker 1>regular form to have the decree modified regarding the children.

944
01:01:33.920 --> 01:01:37.039
<v Speaker 1>He talked with Jeff Whitlow about the matter in October.

945
01:01:37.679 --> 01:01:40.920
<v Speaker 1>He did not say there will be bloodshed over this. Yet.

946
01:01:41.920 --> 01:01:46.119
<v Speaker 1>Conversation was about Thompson and Bertha. Bertha did not go

947
01:01:46.199 --> 01:01:49.400
<v Speaker 1>to Springfield with Susan Whitlow, as she said she was

948
01:01:49.440 --> 01:01:52.960
<v Speaker 1>going to do first thing. About the middle of forenoon

949
01:01:53.000 --> 01:01:56.280
<v Speaker 1>to Jeff Whitlow's Bertha had left the children with Jeff.

950
01:01:57.079 --> 01:01:59.559
<v Speaker 1>The witness said he saw Thompson and Bertha in the

951
01:01:59.559 --> 01:02:03.320
<v Speaker 1>house together at night, with no lights on. Bertha said

952
01:02:03.320 --> 01:02:06.400
<v Speaker 1>they were not in bed together. The children's bed was

953
01:02:06.440 --> 01:02:10.400
<v Speaker 1>not must and neither was Susan's. Both beds were cold.

954
01:02:11.679 --> 01:02:15.000
<v Speaker 1>Thompson had run out the back door. The witness got

955
01:02:15.039 --> 01:02:17.920
<v Speaker 1>in the machine caught Thompson in a buggy near the

956
01:02:17.960 --> 01:02:20.840
<v Speaker 1>bridge and said he had been to the defendant's wife's

957
01:02:20.880 --> 01:02:24.039
<v Speaker 1>house and had been in bed with this woman. The

958
01:02:24.079 --> 01:02:26.920
<v Speaker 1>divorce had been granted at this time, but the defendant

959
01:02:26.960 --> 01:02:30.840
<v Speaker 1>didn't know it. He went back to the house, Bertha

960
01:02:30.880 --> 01:02:34.639
<v Speaker 1>and baby were gone. The witness said he was afraid

961
01:02:34.679 --> 01:02:37.639
<v Speaker 1>Bertha would take the children away, but Jeff said he

962
01:02:37.679 --> 01:02:40.679
<v Speaker 1>would take care of them. Jeff advised the witness to

963
01:02:40.719 --> 01:02:43.000
<v Speaker 1>stay away from the women or they would get him

964
01:02:43.000 --> 01:02:47.199
<v Speaker 1>into trouble. He started back to the house, found no

965
01:02:47.239 --> 01:02:50.840
<v Speaker 1>one there. Between the Ireland School and Cuba, he met

966
01:02:50.880 --> 01:02:54.039
<v Speaker 1>Bertha with the baby. The boys were with them in

967
01:02:54.079 --> 01:02:58.159
<v Speaker 1>the machine. Bertha said she didn't know what made her

968
01:02:58.199 --> 01:03:01.719
<v Speaker 1>do what she was doing. Bertha asked to be taken

969
01:03:01.800 --> 01:03:05.760
<v Speaker 1>back home, which was done. He stayed for dinner and

970
01:03:05.840 --> 01:03:08.840
<v Speaker 1>then took the boys back to Jeff Whitlow's let them

971
01:03:08.840 --> 01:03:11.880
<v Speaker 1>out at the top of the hill. Bertha went in

972
01:03:11.960 --> 01:03:14.599
<v Speaker 1>the machine with him, and the defendant took her back

973
01:03:14.679 --> 01:03:17.719
<v Speaker 1>to the home near Cuba. Bertha didn't want to go

974
01:03:17.800 --> 01:03:20.840
<v Speaker 1>down and see her father on account of what had happened.

975
01:03:21.480 --> 01:03:24.159
<v Speaker 1>He stayed at the house a short time, then took

976
01:03:24.199 --> 01:03:28.199
<v Speaker 1>Bertha to Burtonville to get a rig. The defendant said

977
01:03:28.239 --> 01:03:31.280
<v Speaker 1>he knows Minny Miller. He told her that he couldn't

978
01:03:31.280 --> 01:03:34.119
<v Speaker 1>get along with Bertha and didn't think anybody else could,

979
01:03:34.760 --> 01:03:37.880
<v Speaker 1>but he did not use the words missus. Miller testified

980
01:03:39.800 --> 01:03:42.519
<v Speaker 1>on Saturday, he came to Wilmington in the morning to

981
01:03:42.559 --> 01:03:46.599
<v Speaker 1>buy furs on Buster Corner. He saw Bertha on Sugar

982
01:03:46.639 --> 01:03:50.440
<v Speaker 1>Tree Street near the telephone pole. Her horse was scared,

983
01:03:50.800 --> 01:03:55.000
<v Speaker 1>so he went across and hitched the horse. Bertha said

984
01:03:55.000 --> 01:03:58.159
<v Speaker 1>the boys were all right. Bertha wanted him to get

985
01:03:58.159 --> 01:04:00.840
<v Speaker 1>a team to help with the moving. He said he

986
01:04:00.880 --> 01:04:04.840
<v Speaker 1>would if he could. They went to Hadley's grocery. Together,

987
01:04:05.599 --> 01:04:08.760
<v Speaker 1>Bertha bought groceries. The defendant gave her a five dollar

988
01:04:08.840 --> 01:04:11.920
<v Speaker 1>bill and told her to keep the change. He went

989
01:04:11.960 --> 01:04:15.719
<v Speaker 1>back to the machine near Busters. Bertha went up town.

990
01:04:16.760 --> 01:04:19.480
<v Speaker 1>He saw her in a buggy later before he saw

991
01:04:19.599 --> 01:04:23.639
<v Speaker 1>Red Wallace. He had not seen Bosier. He unhitched the

992
01:04:23.679 --> 01:04:26.960
<v Speaker 1>horse and held the horse while Bertha got the groceries.

993
01:04:27.760 --> 01:04:32.079
<v Speaker 1>She drove out South Street. He knew Howard Bowsier had

994
01:04:32.119 --> 01:04:35.519
<v Speaker 1>been with him Friday night in Howard's pool room. Went

995
01:04:35.559 --> 01:04:38.360
<v Speaker 1>to the picture show at Lamax. He took him the

996
01:04:38.360 --> 01:04:40.960
<v Speaker 1>Melbourne to get his coat and then to appoint in

997
01:04:41.000 --> 01:04:44.840
<v Speaker 1>Wilmington near the old Cemetery. It was about the middle

998
01:04:44.840 --> 01:04:48.559
<v Speaker 1>of the afternoon Saturday when Bertha left town. He saw

999
01:04:48.639 --> 01:04:52.800
<v Speaker 1>Bosier Saturday evening buying furs on the corner. He sold

1000
01:04:52.840 --> 01:04:56.800
<v Speaker 1>them to Harry fint Fin gave a check for eight dollars.

1001
01:04:57.239 --> 01:05:00.159
<v Speaker 1>He had given the defendant forty dollars cash earlier in

1002
01:05:00.199 --> 01:05:04.400
<v Speaker 1>the day. He saw Red Wallace and Bozier both before

1003
01:05:04.440 --> 01:05:09.119
<v Speaker 1>selling the furs. They came down the street together. Bozier

1004
01:05:09.199 --> 01:05:14.360
<v Speaker 1>talked about fur buying business only short conversation. He did

1005
01:05:14.360 --> 01:05:18.519
<v Speaker 1>not see Bozier alive again. He's known Wallace six or

1006
01:05:18.559 --> 01:05:22.840
<v Speaker 1>seven years by the nickname Red. He talked to Wallace

1007
01:05:22.880 --> 01:05:26.199
<v Speaker 1>about buying a quart of whiskey. The witness was called,

1008
01:05:26.239 --> 01:05:30.159
<v Speaker 1>but only wanted a drink, not a quart. Wallace talked

1009
01:05:30.159 --> 01:05:33.440
<v Speaker 1>to Jesse Dudley, who had a package wrapped in paper

1010
01:05:33.519 --> 01:05:36.800
<v Speaker 1>under his arm. Wallace one that defendant to go in

1011
01:05:36.840 --> 01:05:39.840
<v Speaker 1>with him on buying it and to go to Sabina together.

1012
01:05:40.760 --> 01:05:44.559
<v Speaker 1>He finally consented. Jesse said that he had the whisky

1013
01:05:44.599 --> 01:05:48.519
<v Speaker 1>with him or They all started to the Pennsylvania Depot toilet.

1014
01:05:49.360 --> 01:05:52.239
<v Speaker 1>Red went up by turners and joined them in the toilet.

1015
01:05:53.159 --> 01:05:56.760
<v Speaker 1>Dudley unwrapped the package and let them sample it. Dudley

1016
01:05:56.800 --> 01:05:59.559
<v Speaker 1>finally agreed to take three dollars for the court if

1017
01:05:59.599 --> 01:06:02.199
<v Speaker 1>he could have have a drink. The witness paid a

1018
01:06:02.239 --> 01:06:05.400
<v Speaker 1>dollar eighty on the court and Red paid a dollar twenty.

1019
01:06:06.199 --> 01:06:09.800
<v Speaker 1>Red was short of money. Red had on an overcoat

1020
01:06:10.119 --> 01:06:14.480
<v Speaker 1>and took possession of the whiskey. He moved the machine

1021
01:06:14.559 --> 01:06:18.360
<v Speaker 1>up in front of the furniture hospital. He saw Red

1022
01:06:18.400 --> 01:06:21.880
<v Speaker 1>at Buster corner, said he was going up and treat

1023
01:06:21.920 --> 01:06:25.079
<v Speaker 1>the barber at the pool room. Saw him next at

1024
01:06:25.079 --> 01:06:28.639
<v Speaker 1>the pull room, saw him next when selling furze Defend.

1025
01:06:29.280 --> 01:06:34.079
<v Speaker 1>He delivered furs. Defense had no supper except sandwiches. He

1026
01:06:34.159 --> 01:06:36.800
<v Speaker 1>went out to Coopers to change clothes before going to

1027
01:06:36.840 --> 01:06:41.039
<v Speaker 1>Sabina with Wallace. Red went to Cooper's with the defendant.

1028
01:06:42.840 --> 01:06:46.039
<v Speaker 1>It was just about dark. Both drank liquor on the

1029
01:06:46.039 --> 01:06:49.960
<v Speaker 1>way out to Cooper's. It was white corn whisky. He

1030
01:06:50.079 --> 01:06:53.639
<v Speaker 1>was intoxicated when reaching Coopers and changed clothes in the barn.

1031
01:06:54.280 --> 01:06:56.440
<v Speaker 1>He left the clothes in the barn because the family

1032
01:06:56.480 --> 01:07:00.119
<v Speaker 1>had scarlet fever. He left Red in the machine. He

1033
01:07:00.159 --> 01:07:03.079
<v Speaker 1>went in the house after a gun, saw his sister

1034
01:07:03.159 --> 01:07:06.960
<v Speaker 1>and took the gun to the machine. Red wanted to

1035
01:07:06.960 --> 01:07:10.639
<v Speaker 1>borrow a revolver. It was loaded. He gave the gun

1036
01:07:10.679 --> 01:07:14.000
<v Speaker 1>to Wallace and started the machine back to Wilmington. He

1037
01:07:14.079 --> 01:07:16.840
<v Speaker 1>took a drink in the lane. The whiskey was in

1038
01:07:16.920 --> 01:07:21.079
<v Speaker 1>a different bottle. Red told two or three different tales

1039
01:07:21.119 --> 01:07:24.599
<v Speaker 1>about the new bottle. He gave the defendant a square bottle,

1040
01:07:25.000 --> 01:07:28.119
<v Speaker 1>said he had divided the whiskey into two bottles as

1041
01:07:28.159 --> 01:07:30.599
<v Speaker 1>he had gotten out of the notion of going to Sabina.

1042
01:07:31.199 --> 01:07:34.199
<v Speaker 1>He drank several times out of his bottle, but he

1043
01:07:34.280 --> 01:07:36.519
<v Speaker 1>may have taken a drink out of Red's bottle too,

1044
01:07:37.079 --> 01:07:39.280
<v Speaker 1>but he didn't think that Red took a drink out

1045
01:07:39.280 --> 01:07:42.760
<v Speaker 1>of his bottle. The defendant was getting pretty drunk. He

1046
01:07:42.840 --> 01:07:46.280
<v Speaker 1>stopped somewhere on South Street. Red wanted to stop and

1047
01:07:46.360 --> 01:07:49.280
<v Speaker 1>tried the guide the machine to the ditch. He didn't

1048
01:07:49.280 --> 01:07:52.760
<v Speaker 1>remember quarreling or shooting Wallace. He had no gun with

1049
01:07:52.840 --> 01:07:56.320
<v Speaker 1>him except the one that he gave to Red. Defendant

1050
01:07:56.320 --> 01:07:59.000
<v Speaker 1>testified that he cannot give any correct version of what

1051
01:07:59.119 --> 01:08:01.960
<v Speaker 1>happened on Southead ste and he can't remember where he went.

1052
01:08:02.480 --> 01:08:05.320
<v Speaker 1>He didn't remember coming up to town and didn't remember

1053
01:08:05.360 --> 01:08:08.599
<v Speaker 1>going out Morrisville Road. He had a faint recollection of

1054
01:08:08.639 --> 01:08:11.519
<v Speaker 1>seeing Bots at Morrisville, but didn't remember being in the

1055
01:08:11.559 --> 01:08:13.760
<v Speaker 1>store and didn't know how he got to the store.

1056
01:08:14.199 --> 01:08:16.880
<v Speaker 1>He didn't remember stopping at the homes of the Browns

1057
01:08:16.880 --> 01:08:19.880
<v Speaker 1>and asking for mister Foreman. He didn't know when he

1058
01:08:19.960 --> 01:08:22.840
<v Speaker 1>recovered from the drunk. I supposed it was before he

1059
01:08:22.880 --> 01:08:25.880
<v Speaker 1>talked to the sheriff in jail, but he didn't remember

1060
01:08:25.920 --> 01:08:30.680
<v Speaker 1>any conversation with Bots. He remembers being at Cuba, being

1061
01:08:30.760 --> 01:08:33.880
<v Speaker 1>sick at the edge of Cuba, vomiting. Thinks he was

1062
01:08:33.920 --> 01:08:38.239
<v Speaker 1>sitting down and commenced to come to his senses. Walked

1063
01:08:38.239 --> 01:08:41.399
<v Speaker 1>into Cuba, thought it was Cuba. Either turned around or

1064
01:08:41.399 --> 01:08:44.199
<v Speaker 1>thought the town was so he sat down and was

1065
01:08:44.239 --> 01:08:46.680
<v Speaker 1>sick again and tried to figure out what had become

1066
01:08:46.720 --> 01:08:50.920
<v Speaker 1>of his automobile. He heard chickens crow. He thought it

1067
01:08:50.960 --> 01:08:52.920
<v Speaker 1>was morning, so he started for the home of his

1068
01:08:53.000 --> 01:08:56.680
<v Speaker 1>brother Ira. He went there frequently. He didn't like to

1069
01:08:56.680 --> 01:08:59.079
<v Speaker 1>go home or to Cooper's when he had been drinking.

1070
01:09:00.079 --> 01:09:03.039
<v Speaker 1>Testified that he could remember what happened from this time on.

1071
01:09:03.800 --> 01:09:07.760
<v Speaker 1>He went toward Clarksville, met an automobile coming toward Cuba.

1072
01:09:08.199 --> 01:09:10.560
<v Speaker 1>It was running fast, and went to where the road

1073
01:09:10.640 --> 01:09:13.840
<v Speaker 1>turns to the left. He heard the shots before crossing

1074
01:09:13.880 --> 01:09:16.479
<v Speaker 1>the bridge. He couldn't tell where the shots were, but

1075
01:09:16.520 --> 01:09:19.279
<v Speaker 1>they sounded a good piece away. When he was near

1076
01:09:19.319 --> 01:09:22.279
<v Speaker 1>the bridge, near the house where his wife lived, he

1077
01:09:22.279 --> 01:09:26.560
<v Speaker 1>heard a noise like children crying. Sounded like his children.

1078
01:09:27.239 --> 01:09:29.720
<v Speaker 1>When he saw someone come from the house and pass

1079
01:09:29.800 --> 01:09:32.600
<v Speaker 1>to the road, he couldn't say whether it was Robert

1080
01:09:32.720 --> 01:09:35.760
<v Speaker 1>or not. He run up to the front door. The

1081
01:09:35.760 --> 01:09:39.399
<v Speaker 1>screen was hooked. He run to the left hand kitchen door.

1082
01:09:40.039 --> 01:09:43.560
<v Speaker 1>He saw Susan on the floor. She said, oh my God, Oliver,

1083
01:09:43.720 --> 01:09:47.319
<v Speaker 1>is that you, Oh, go to them children. The children

1084
01:09:47.359 --> 01:09:49.920
<v Speaker 1>were pulling at their mother. He lifted her head up

1085
01:09:50.159 --> 01:09:53.479
<v Speaker 1>but guessed she was dead, though he thought her lips moved.

1086
01:09:54.000 --> 01:09:57.000
<v Speaker 1>He asked if she had been shot, and she didn't reply.

1087
01:09:57.720 --> 01:10:00.640
<v Speaker 1>He heard the children screaming and went back to the children.

1088
01:10:01.279 --> 01:10:04.319
<v Speaker 1>He told Susan Bertha was all right, but Susan said, no,

1089
01:10:04.520 --> 01:10:07.520
<v Speaker 1>she's dead. They did it. Go get them. He felt

1090
01:10:07.520 --> 01:10:10.680
<v Speaker 1>the murderer might still be there, so he started upstairs,

1091
01:10:10.800 --> 01:10:14.560
<v Speaker 1>but got scared. Finally he went up but found no one.

1092
01:10:15.119 --> 01:10:17.840
<v Speaker 1>He asked Susan again, who did it? She said, oh,

1093
01:10:17.920 --> 01:10:21.960
<v Speaker 1>they've killed my girl, the dirtys. The witness said he

1094
01:10:22.119 --> 01:10:26.239
<v Speaker 1>was crying and exited. The defendant said that he missed Robert,

1095
01:10:26.279 --> 01:10:29.439
<v Speaker 1>and Susan said that he had gone to the telephone.

1096
01:10:29.640 --> 01:10:32.600
<v Speaker 1>So he went out to find Robert. Susan said to

1097
01:10:32.640 --> 01:10:35.319
<v Speaker 1>take the other children with him. He said he was

1098
01:10:35.319 --> 01:10:37.920
<v Speaker 1>so scared he didn't know whether the children were dressed

1099
01:10:38.000 --> 01:10:42.880
<v Speaker 1>or not. He started toward where Pope lives, just this side.

1100
01:10:42.920 --> 01:10:45.359
<v Speaker 1>He met Robert, who was scared and had run down

1101
01:10:45.399 --> 01:10:48.319
<v Speaker 1>into the ditch. He said, oh, Papa, is that you.

1102
01:10:49.359 --> 01:10:52.319
<v Speaker 1>Robert was crying and said grandma and mother, and a

1103
01:10:52.399 --> 01:10:55.520
<v Speaker 1>man was shot. He said two men did it, but

1104
01:10:55.560 --> 01:10:58.119
<v Speaker 1>he didn't know who they were. He said the one

1105
01:10:58.159 --> 01:11:01.760
<v Speaker 1>man had on a funny belt. One man shot Grandma

1106
01:11:01.800 --> 01:11:04.520
<v Speaker 1>in the kitchen. Robert said he ran out through the

1107
01:11:04.600 --> 01:11:08.680
<v Speaker 1>kitchen door, said he had not called anyone, as frasiers

1108
01:11:08.680 --> 01:11:12.800
<v Speaker 1>were not up. Robert wanted to go back home. Robert

1109
01:11:12.880 --> 01:11:16.760
<v Speaker 1>was scared and fired off the gun accidentally. The shots

1110
01:11:16.800 --> 01:11:19.720
<v Speaker 1>scattered the defendant, who took the gun from Robert and

1111
01:11:19.760 --> 01:11:22.840
<v Speaker 1>put it in his pocket. Then he either put the

1112
01:11:22.880 --> 01:11:25.439
<v Speaker 1>gun in the kitchen or it fell out of his pocket.

1113
01:11:26.319 --> 01:11:28.479
<v Speaker 1>Pope came out of the house and Robert and the

1114
01:11:28.520 --> 01:11:32.000
<v Speaker 1>defendant both tried to tell what had happened. Pope went

1115
01:11:32.039 --> 01:11:35.600
<v Speaker 1>back to the house. Then Robert said, wish you'd gotten

1116
01:11:35.640 --> 01:11:39.800
<v Speaker 1>there sooner, Papa. Robert told about Stanley Thompson being there

1117
01:11:39.880 --> 01:11:43.920
<v Speaker 1>the night before and was expected that night. Robert said,

1118
01:11:44.319 --> 01:11:47.199
<v Speaker 1>don't know who's been here tonight, Papa, Because Grandma had

1119
01:11:47.199 --> 01:11:52.079
<v Speaker 1>his kids upstairs. Pope built a fire. Missus Whitlow was called.

1120
01:11:52.800 --> 01:11:55.520
<v Speaker 1>Someone covered her up or put something under her head.

1121
01:11:56.399 --> 01:11:59.239
<v Speaker 1>Pope went to the telephone for a doctor so the

1122
01:11:59.279 --> 01:12:03.039
<v Speaker 1>defendant could day with the children. He kept the children

1123
01:12:03.079 --> 01:12:06.239
<v Speaker 1>out of the room where the mother was. He rubbed

1124
01:12:06.239 --> 01:12:11.199
<v Speaker 1>Susan's arm. Can't say how long Pope was gone. Brian

1125
01:12:11.359 --> 01:12:15.439
<v Speaker 1>finally came. The defendant took care of the children. Pope

1126
01:12:15.520 --> 01:12:18.079
<v Speaker 1>came back, and other people came, but he didn't know

1127
01:12:18.119 --> 01:12:21.800
<v Speaker 1>who they were. The defendant saw mister Lehman in the

1128
01:12:21.840 --> 01:12:25.479
<v Speaker 1>house and saw doctor Basinger come. The witness said he

1129
01:12:25.560 --> 01:12:28.119
<v Speaker 1>was sitting near the door that went into the front room.

1130
01:12:28.880 --> 01:12:32.039
<v Speaker 1>The doctor talked to missus Whitlow asked her who did

1131
01:12:32.079 --> 01:12:35.359
<v Speaker 1>the shooting, and she couldn't answer until the doctor told

1132
01:12:35.359 --> 01:12:38.840
<v Speaker 1>her that he saw no hope for Then she said

1133
01:12:39.119 --> 01:12:43.399
<v Speaker 1>that young man there, Oliver did the shooting. The witness

1134
01:12:43.439 --> 01:12:46.680
<v Speaker 1>sank into the chair. The accusation was such a shock.

1135
01:12:47.159 --> 01:12:49.479
<v Speaker 1>As soon as he found his tongue, he said, for

1136
01:12:49.520 --> 01:12:51.640
<v Speaker 1>God's sake, Susan, you're not going to lay this on me,

1137
01:12:51.840 --> 01:12:55.239
<v Speaker 1>are you? You know I didn't do it. Robert said,

1138
01:12:55.680 --> 01:12:58.520
<v Speaker 1>Papa didn't shoot you. You know he didn't. I saw

1139
01:12:58.560 --> 01:13:01.439
<v Speaker 1>the man that shot you and it wasn't Papa. You lie,

1140
01:13:01.560 --> 01:13:03.720
<v Speaker 1>you old fool you, and I wish you would die.

1141
01:13:04.479 --> 01:13:07.920
<v Speaker 1>Nicky asked, did you shoot mama? And did you shoot grandma,

1142
01:13:08.319 --> 01:13:12.399
<v Speaker 1>but did not accuse him of the shooting. Then someone

1143
01:13:12.439 --> 01:13:15.920
<v Speaker 1>told him to keep quiet and sit down. Doctor Basinger

1144
01:13:16.039 --> 01:13:18.720
<v Speaker 1>searched him but did not find a gun, so he

1145
01:13:18.840 --> 01:13:22.279
<v Speaker 1>ordered the witness to sit down and had Sachell watch him.

1146
01:13:22.720 --> 01:13:25.359
<v Speaker 1>Sachell had a gun in his hand, and the doctor

1147
01:13:25.439 --> 01:13:28.960
<v Speaker 1>said shoot him if he tries to get away. They

1148
01:13:29.000 --> 01:13:32.439
<v Speaker 1>remained this way until the sheriff came, not much talking

1149
01:13:32.560 --> 01:13:37.000
<v Speaker 1>going on. Then the undertakers came. He saw mister Lehman

1150
01:13:37.119 --> 01:13:40.640
<v Speaker 1>talking to Robert, the sheriff, and the deputy came in,

1151
01:13:40.840 --> 01:13:44.399
<v Speaker 1>walked over and shook hands with him. He didn't remember, saying,

1152
01:13:44.800 --> 01:13:48.239
<v Speaker 1>I suppose you have come after me. He told the

1153
01:13:48.279 --> 01:13:50.439
<v Speaker 1>sheriff there had been a shooting scrape and that the

1154
01:13:50.479 --> 01:13:53.680
<v Speaker 1>old lady laid it on him. Robert told the sheriff

1155
01:13:53.720 --> 01:13:55.800
<v Speaker 1>that Papa didn't do the shooting and that there were

1156
01:13:55.800 --> 01:13:58.159
<v Speaker 1>two men who did it, one of them dressed like

1157
01:13:58.239 --> 01:14:01.880
<v Speaker 1>a soldier. The sheriff deputy didn't pay much attention to

1158
01:14:01.920 --> 01:14:06.800
<v Speaker 1>the defendant. Missus Whitlow was taken to the ambulance. The

1159
01:14:06.920 --> 01:14:09.279
<v Speaker 1>children asked their father to stay with them, and he

1160
01:14:09.319 --> 01:14:11.520
<v Speaker 1>said he would if he could, but he might be

1161
01:14:11.680 --> 01:14:15.159
<v Speaker 1>arrested and locked up. Robert asked to be taken to

1162
01:14:15.239 --> 01:14:18.760
<v Speaker 1>his grandfather's. The sheriff took the witness and the children

1163
01:14:18.800 --> 01:14:22.119
<v Speaker 1>to Jeff Whitlow's. He told the sheriff what he could

1164
01:14:22.239 --> 01:14:24.119
<v Speaker 1>about how he got to the house and what he

1165
01:14:24.199 --> 01:14:27.720
<v Speaker 1>knew about the shooting. He told Jeff Whitlow what happened.

1166
01:14:28.479 --> 01:14:31.079
<v Speaker 1>Robert told Grandpa that it wasn't his father who did

1167
01:14:31.079 --> 01:14:35.600
<v Speaker 1>the shooting, but that there were two strange men. The

1168
01:14:35.640 --> 01:14:38.800
<v Speaker 1>sheriff said, Oliver, you'd better come on to town with us.

1169
01:14:39.479 --> 01:14:42.000
<v Speaker 1>He asked Jeff Whitlow to take care of the children

1170
01:14:42.079 --> 01:14:44.960
<v Speaker 1>for a few days. He kissed the boys and came

1171
01:14:45.039 --> 01:14:48.640
<v Speaker 1>to Wilmington. He has not spoken to his children from

1172
01:14:48.640 --> 01:14:51.560
<v Speaker 1>that time until he saw Robert in the courtroom, but

1173
01:14:51.600 --> 01:14:54.680
<v Speaker 1>he had seen them from the jail window. It was

1174
01:14:54.720 --> 01:14:57.720
<v Speaker 1>not daylight when he was put in the jail. The

1175
01:14:57.800 --> 01:15:01.039
<v Speaker 1>sheriff first questioned him about the matter on Sunday morning,

1176
01:15:01.399 --> 01:15:05.520
<v Speaker 1>and then questioned him several times during the day. Nobody

1177
01:15:05.560 --> 01:15:08.319
<v Speaker 1>else was in the jail. Then he was asked the

1178
01:15:08.399 --> 01:15:12.000
<v Speaker 1>direct question three times whether he killed each of the parties.

1179
01:15:12.600 --> 01:15:16.439
<v Speaker 1>His answers were, I did not shoot Bertha Vandervoort. I

1180
01:15:16.479 --> 01:15:20.279
<v Speaker 1>did not shoot Susan Whitlow. I did not shoot Howard Bosier.

1181
01:15:20.920 --> 01:15:24.680
<v Speaker 1>He did not stamp their faces. Susan Whitlow treated the

1182
01:15:24.760 --> 01:15:28.039
<v Speaker 1>defendant pretty mean and didn't like him, hadn't liked him

1183
01:15:28.079 --> 01:15:31.760
<v Speaker 1>since the short time after the first marriage. He had

1184
01:15:31.760 --> 01:15:34.640
<v Speaker 1>never had any trouble with Howard Bosier, but he did

1185
01:15:34.720 --> 01:15:38.399
<v Speaker 1>know Boyseer was going to see Bertha. The defendant was

1186
01:15:38.439 --> 01:15:41.520
<v Speaker 1>shown a cold automatic and denied ever owning a gun

1187
01:15:41.640 --> 01:15:44.880
<v Speaker 1>like it. His brother Ira had one, which the defendant

1188
01:15:44.880 --> 01:15:48.359
<v Speaker 1>borrowed last fall. After he had it two or three weeks,

1189
01:15:48.359 --> 01:15:51.000
<v Speaker 1>It was stolen from under the cushion of the automobile.

1190
01:15:51.960 --> 01:15:54.760
<v Speaker 1>He said the gun was stolen by Alva Wallace, the

1191
01:15:54.840 --> 01:15:58.800
<v Speaker 1>youngest brother of Red. Red told the witness that Alva

1192
01:15:58.880 --> 01:16:01.600
<v Speaker 1>had the gun. So they went to Alva, and Red

1193
01:16:01.640 --> 01:16:04.000
<v Speaker 1>got the gun and gave it to the defendant and

1194
01:16:04.079 --> 01:16:07.199
<v Speaker 1>put it in the machine. Red gave back the gun

1195
01:16:07.239 --> 01:16:10.560
<v Speaker 1>he had borrowed. Both guns were in the machine. He

1196
01:16:10.600 --> 01:16:13.479
<v Speaker 1>took them out to Cooper's and put them on the press.

1197
01:16:14.680 --> 01:16:17.119
<v Speaker 1>On the Saturday before the shooting, he was going to

1198
01:16:17.199 --> 01:16:19.720
<v Speaker 1>Iris and put the gun in the machine to take

1199
01:16:19.760 --> 01:16:22.720
<v Speaker 1>it to him. He changed his mind about going to

1200
01:16:22.800 --> 01:16:25.800
<v Speaker 1>Iris and left the machine in front of Murphy's Theater.

1201
01:16:26.399 --> 01:16:29.479
<v Speaker 1>When they got back to Cooper's that night, the gun

1202
01:16:29.640 --> 01:16:36.880
<v Speaker 1>was gone and he has not seen it since. March third,

1203
01:16:37.359 --> 01:16:44.520
<v Speaker 1>nineteen twenty two, Thomas Oliver van Dervoort was sentenced to

1204
01:16:44.600 --> 01:16:48.920
<v Speaker 1>life imprisonment in the Ohio Penitentiary by Judge Frank M.

1205
01:16:49.000 --> 01:16:54.560
<v Speaker 1>Clevenger of the Common please Court. The final scene in

1206
01:16:54.600 --> 01:16:58.239
<v Speaker 1>the greatest murder trial Clinton County has ever known was

1207
01:16:58.319 --> 01:17:02.880
<v Speaker 1>brief in the extreme. At two twenty eight, Vandervoort was

1208
01:17:02.920 --> 01:17:06.640
<v Speaker 1>brought into the court room. Exactly at two thirty, he

1209
01:17:06.800 --> 01:17:10.960
<v Speaker 1>was led out of the court room. Attorney Rogers, speaking

1210
01:17:11.000 --> 01:17:13.680
<v Speaker 1>for the defense and presenting the written motions for a

1211
01:17:13.720 --> 01:17:17.600
<v Speaker 1>new trial, said he would not urge the matter at present.

1212
01:17:18.680 --> 01:17:22.079
<v Speaker 1>Judge Clevenger asked if the prisoner or council had anything

1213
01:17:22.119 --> 01:17:26.960
<v Speaker 1>to say. Both answered, we have nothing to say. Judge

1214
01:17:26.960 --> 01:17:29.800
<v Speaker 1>Clevenger then said that he had no discretion in the matter,

1215
01:17:30.199 --> 01:17:34.199
<v Speaker 1>that only one penalty was provided by law. He then

1216
01:17:34.359 --> 01:17:38.239
<v Speaker 1>sentenced Vandervolt to the Ohio Penitentiary for the term of

1217
01:17:38.279 --> 01:17:41.840
<v Speaker 1>his natural life and to pay the costs of prosecution.

1218
01:17:43.159 --> 01:17:45.520
<v Speaker 1>The only ones in the court room when sentence were

1219
01:17:45.560 --> 01:17:50.199
<v Speaker 1>pronounced were two of the prisoner's brothers, a news journal reporter,

1220
01:17:50.720 --> 01:17:55.439
<v Speaker 1>and the attorneys in the case. The triple murder, which

1221
01:17:55.479 --> 01:17:58.159
<v Speaker 1>took place on a lonely road near Cuba on the

1222
01:17:58.279 --> 01:18:01.760
<v Speaker 1>night of November nineteenth, was one of the most tragic

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01:18:01.800 --> 01:18:05.720
<v Speaker 1>affairs ever recorded in the annals of history in Clinton County.

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01:18:06.800 --> 01:18:10.560
<v Speaker 1>Vandervort was indicted on three counts of first degree murder,

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01:18:11.119 --> 01:18:15.199
<v Speaker 1>that of shooting his twice divorced wife, Bertha W. Vandervoort,

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01:18:15.880 --> 01:18:20.560
<v Speaker 1>her mother, Missus Susan M. Whitlow, and Howard Bozier, a

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01:18:20.640 --> 01:18:23.119
<v Speaker 1>friend of Missus van Dervoort, who was calling at the

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01:18:23.159 --> 01:18:28.840
<v Speaker 1>Whitlow Vandervort residence. Throughout the preliminary proceedings leading up to

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01:18:28.920 --> 01:18:33.119
<v Speaker 1>the trial and during the trial, Vandervort maintained his innocence,

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01:18:33.520 --> 01:18:35.880
<v Speaker 1>claiming that he was walking down the road near his

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01:18:35.960 --> 01:18:39.279
<v Speaker 1>divorced wife's residence the knight of the slaying, and that

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01:18:39.399 --> 01:18:42.399
<v Speaker 1>he heard a commotion in the house. As he entered.

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01:18:42.439 --> 01:18:45.720
<v Speaker 1>He declared he heard shots fired and saw a man

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01:18:45.840 --> 01:18:49.600
<v Speaker 1>leap from the door. Going inside the house, he found

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01:18:49.640 --> 01:18:52.880
<v Speaker 1>his wife and Bozier lying on the floor, dead and

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01:18:52.960 --> 01:18:56.960
<v Speaker 1>his mother in law in a dying condition. The dying

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01:18:57.039 --> 01:19:01.039
<v Speaker 1>statement of Missus Whitlow, who declared Oliver did it, and

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01:19:01.079 --> 01:19:03.800
<v Speaker 1>the testimony on the stand by some of the witnesses

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01:19:04.159 --> 01:19:07.119
<v Speaker 1>that Vandervoort's three year old boy had said that night

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01:19:07.520 --> 01:19:11.720
<v Speaker 1>Papa shot were two of the strongest arguments used by

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01:19:11.720 --> 01:19:18.359
<v Speaker 1>the state in weaving its case against Vandervoort. Conviction of

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01:19:18.479 --> 01:19:21.239
<v Speaker 1>murder and the second degree in the sentence of life

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01:19:21.279 --> 01:19:25.520
<v Speaker 1>following it carries with it an opportunity for pardon or

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01:19:25.520 --> 01:19:49.119
<v Speaker 1>parole later that was the boy said Papa shot. The

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01:19:49.239 --> 01:19:53.399
<v Speaker 1>Cuba triple murder called from the historic pages of the

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01:19:53.439 --> 01:19:58.359
<v Speaker 1>Wilmington News Journal and other newspapers of the era. True

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01:19:58.399 --> 01:20:02.560
<v Speaker 1>Crime Historian is a creat of popular media. Opening theme

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01:20:02.640 --> 01:20:07.359
<v Speaker 1>by Nico Vitessi, incidental music by Chuck Wiggins and Dave SAMs,

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01:20:07.359 --> 01:20:12.159
<v Speaker 1>some music and sound effects licensed from podcast music dot Com.

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01:20:12.159 --> 01:20:15.439
<v Speaker 1>Closing theme by Dave SAMs and Rachel Shott, engineered by

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01:20:15.479 --> 01:20:19.520
<v Speaker 1>David Hish at Third Street Music Media Management, and original

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01:20:19.560 --> 01:20:22.920
<v Speaker 1>graphics for all new episodes by Sean R. Miller Jones.

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<v Speaker 1>And as for me, I'm killing it, I'm True Crime Historian.

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01:20:27.479 --> 01:20:30.399
<v Speaker 1>Richard O. Jones signing off for now.
