Shelby-Auglaize-Allen County OhArchives News.....Criminal Outrage April 24 1863 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/oh/ohfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Trace Archer tcarcher@bright.net January 5, 2005, 8:55 pm The Sidney Daily Journal One of those outbreaks of unreasoning passion and lawless violence which occasionally disfigure our civilization, occurred in Van Buren Township on Saturday night, in which an individual of the name of Philip Rhodes was shot in a dastardly and cowardly manner.It appears that Rhodes from some cause had incurred the ill will of the neighborhood.A gang of some 16 persons attacked his residence on Saturday night, and made demonstrations of violence.Rhodes made his escape from the house with a child in his arms, but had not proceeded far before he fell mortally wounded.Someone of the gang had shot him.The coroner, accompanied by a jury, went out on the Sabbath. We have not yet learned what verdict was rendered.Two persons have been arrested,who,it is supposed, were connected with the crime. They are now in durance vile and awaiting examination today.We have not heard of any others having been arrested as yet. This is one of those sad and lamentable occurrences which result from violations of law. When respect for law and the rights of others are disregarded in a community, and the will of an unreasoning mob dominates, then person,property and rights are unsafe. The shield of protection is gone,Anarchy will prevail, and might will be claimed right. Such a state of affairs will receive the condemnation of every person. Bound Over- May 1st 1863 SDJ Three persons, William Nieman, Frank Wenker and Harmon Salmon, were arrested, charged with the killing of Philip Rhodes of Van Buren township. A preliminary examination was had before Justice Hale. This resulted in the parties being bound over to await their trial before the court of Comman Pleas in September next. The Justice fixed the bail of Nieman at $2000 and Wenker and Salmon at $400 each. Additional Comments: Following is a eyewitness account of the murder as included in part of the Coroner's Inquest. Catherine Niesle; Being duly sworn, stated that the deceased left here last Monday with his wife and came here last Thursday night alone and was here ever since that time. I live in the house with Philip Rhodes. Last night, April 18,1863 about 10o clock I heard the dog bark. Mr. Rhodes was in the house at the time, in his bed. When I heard the dog bark, I called to Mr. Rhodes, he then got up. There was no one in the house but Mr. Rhodes,myself and his little boy about five years old. SWome person outside said they wanted to get into the house. Philip Rhodes then took the boy up in his arms and opened the door and as soon as the door was opened, William Nieman the school teacher said to me," If you come out, I will shoot you" I then went out first on the porch and someone held a gun at me like he was going to shoot me.Philip Rhodes was behind me and came out on the porch and said," Dont shoot me while I have the child in my arms" and while in was on the porch, they fired one shot at him while he had the child in his arms. I was standing close to the porch when the shot was fired.He then turned to go to the right side of the porch, still holding his boy in his arms. He was shot the second time, he walked to the fence and got over which is about 25 steps from the house still holding the child in his arms. At the fence he let the child fall on ground. He then struggled, got over the fence and fell on the ground in the field about 20 steps from the fence I saw him fall. It is the spot where he now lays. When he dropped the child I picked it up and took it to Peter Smith. When he was shot the first time there was four persons standing close to the porch. I also saw about ten other persons standing close to the southeast side of the house, and they commenced tearing the chimney down, they tore the chimney down before he was shot. They said ??? the chimney down. When the first shot was fired I saw Harmon Solman and William Nieman who I think fired the last shot. I also saw two other persons, I believe to be Frank Wenker, the other I don't know. This all occurred last night about ten or eleven o clock. I don't know who the other ten persons were. They tore the chimney downnbefore the first shot was fired.We was in bed and that is what woke us up. They also broke in the window. They talked in low dutch and I did not understand them. I live on the Bates place, am single and the deceased farmed this land. I was a hired girl. The deceased wife left here last Monday and has not yet returned. There was nop one in the house but the deceased and his boy and myself. When the child fell from the arms of the deceased, I took him up. I was in my nightclothes and I took him to Peter Smith, a neighbor. I started after he was shot the second time. I saw the deceased fall and heard him struggle on the ground. I supposed then that he was shot. In February last, I heard the deceased say the reason was becaused the deceased did not stay in jail. Deceased had trouble about a debt he owed and I heard that some persons had threatened to kill him because he had not paid it. My age is 19 this month. My father and mother live near Port Jefferson. The crowd last night also tore down the roof. Most of the mess has been here since Rhodes was in jail. I came back to the house about noon today and saw the deceased lying on the ground dead, about sixty steps from the house. Catherine Niesle X Her Mark Note: Philip Rhodes was my GrGr Grandfather and his little boy my Gr Grandfather. The autopsy revealed that Philip Rhodes was shot twice in the back with shotguns. A total of 96 shot entered his body. File at: http://files.usgwarchives.net/oh/shelby/newspapers/nw52criminal.txt This file has been created by a form at http://www.poppet.org/ohfiles/ File size: 6.2 Kb