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In Matter Of Death Of John Wagner Following is a synopsis of the testimony submitted before Cor oner Chapman, at the court house Tuesday, at the inquest of John Wagner, of Delaware Bend, who is alleged to have received wounds at the hands of Albert Berkmier also of Delaware Bend on the night of July 3rd which later resulted in his death. Carl Fahy Witness stated that on the night of July 3rd he was aroused from lied by D. B.Limbaugh and ac companied the party in search of the body of Wagner, which was found by the aid of a lantern about two miles west of Delaware end lying alongside of what is known as the River road. The body laid lengthwise of the road head was about a fat of eighteen inches from the wagon — track; there was blood on the man’s head and face and also on hand on which head rested; pool of blood around head on ground; man’s pulse beat good, breathed heavily and freely, two of the party telephones for Dr. Linder mith, of Sherwood, who arrived later in an auto, followed soon by Albert Berkmire (the assaulter) and Lon Schindler, both drove up in Berkmier’s buggy, about an hour after the body of Wagner was found; Berkmier asked how Wagner was, and said he had to defend himself, but didn’t know how he ha injured Wagner; wit ness said that while Wagner laid alongside road there was no indi ction that he had moved or stir red at all, and didn’t say anything the grass around the body had not been disturbed; that after Dr Lindersmith had made an exam ination of the body it was placed in Gerkmire’s buggy on the laps of Lou Schindler and Frank An derson Werkmier” leading the horse, taking body of Wagner home. Wagner lived on a river road, a mile east from where he was found ,the first house west of a school house. Berkmier liv es the first house south of the river bridge at Delaware Bend; next morning saw Berkmier pick up a shiplap board about ten or twelve feet long, ten inches wide and an inch thick, about two or three hudred feet from where the body of Wagner was found Frank Andrson Aroused by rap on door night of July 3rd and was told that Wagner, injured, was lying along the road; put on clothes, took law term and accompanied party half mile up road alongside of which Wagner was found; felt his pulse was beating fair; returned home and with Irvin ‘Traxier returned to scene; heard that Wagner and Berkmier had trouble: half hour after returning, Dr. Lindersmith arrived. Berkmier and Lou Shind ler came in a buggy ten or fifteen minutes later; body of Wagner laid lengthwise of road, off on the grass, just outside the road track; right side of face rested on left hand; blood on face and under head; no other blood; wound on left side head; no in dication that injured man had walked; blood only where body lay. Berkmier told Dr. Linder smith that he had hit Wagner in self defense; body placed in Berk mier’s buggy on lap of Lou Schin dler and myself; horse fed by Berkmier, and Wagner was taken home; remained till 4 o'clock next morning and during that time Wagner remained unconscious, showing no signs of life, and couldn’t be aroused; both found two miles west of Delaware Bend on River road, abutting Openland er land; Anthony place is half mile from where body was found west, and half mile south of B. QO, railroad. Father Theis on night of July 3rd was sit ting at window smoking; heard a wagon drive up to my place and ‘stop, Berkmier came up; said he was in trouble and wanted me t to come down; begged me to; said he had had a fight with Wag ner; went out and climbed up on the wagon and saw blood ;told Kerkmier to go home and put up his horses; and he said that he would and would then hitch up his buggy and go after Wagner; [ returned to house, dressed and went in search of body; it was 10 minutes till eleven when I left, and two minutes of twelve when I returned; I joined a party of five, with a lantern; night wasn't very dark; could distinguish ob jects eight or ten rods away with out recognizing them; sky was clear; body was foun paralleling road; blood on the head ,and on the ground under head, of opinion that body was placed where found; thought there had been no struggle where body was found; remained five minutes then walk ed home. Berkmier came over to see me next morning; he talke very little about his fight the night before; said that he had gone to Sherwood after grain sacks and Wagner was riding home wih him; on cross examin ation witness said that on the night of July 3rd when Berkmier accosted him after pulling up his team, he, Berkmier, was excited one moment and calm the next; that the hay rack was of the plat form variety with a closed floor; that there was some blood in the center of the wagon, cov ering a space five or six inches in diameter ; at that time in referring to his trouble with Wagner Berk inier said, “See here’s the bloods” Berkinier, when asked to tell the dtails of the trouble said that he had gone for a neckyoke; “I be lieve I gave him too much,” he said. Later on when asked what sort of an instrument he used he said he didn't know; “I got the neckyoke and gave him too much was one of his statements. Mrs. Chas Anthony Lives two miles west of Dela ware end; one and a half miles from Sherwood, on the right hand side of the road going to Dela ware Bend; on the night of July 3rd was in bed and heard wagon coming; supposed it went by till dog ran out door which was open and commenced to bark; was afraid he would jump through screen door and get up; just as I raised up I heard someone strike something which sounded like pounding a horse; when I reach ed the door I heard another such blow, at the same time a man exclaimed —4— you, you will throw my sacks off the wagon;I supposed the blows had been struck at horses; after striking second blow, saw man walk to head of horses and put on neck yoke, saw this distinctly; man then got on wagon and drove on, saw Berkmier drive past place with a hayrack on way to Sher wood during the day and looked like some outfit; on cross examin ation witness stated that with the exception of the oath and the bal ance of the sentence in which it was incorporated she heard no other outcry; after the team drove on she went to bed and didn’t see nor hear more; that the night was moonlight and she could see very plainly; that the team was about a hundred feet from the door; that she had a clear, unobstructed view to the wagon; that as the last blow was struck and she reached the door she saw the man standing in front of his wagon back of the horses; she heard the rattle of the rings in the neck yoke as he put it back in place; he then got on the wag on and drove off; she then struck a match and found it way 10.20 sun time; she didn’t know that anything was wrong till the next morning when Jake Sailor and Henry Foss, of Sherwood, came along to investigate; they asked her what she had heard the night before and she told them; two pools of blood were found in the road where the wagon had stood the night before; they were about a foot from the middle of the mid dle of the road, on the south side; the largest spot was about six inches in diameter; the smallest was about three or four inches in diameter; the two spots were about a foot and half apart .Berk mier came later and asked her what she had heard the night be fore; said she had been quoted as saying that she had heard him strike blows with a neck yoke; she refused to answer any of his quest ions. Frank Limbaugh Mr. Limbaugh testified to the same as the other witnesses ex cepting he said that Berkmier said he used his fists on Wagner JP. Eiser went up to Delaware Bend and examined the wagon and the spot where the body was found wagon was a hayrack of the plat form type; found a bloody stain about eight inches in diameter in the middle of the wagon _ ,three feet from the front; three other blood spots about an inch in dia meter; blood stain on reach; blood stains in cracks of boards where blood had run_ through; the wagon was pointed out to me by Mrs. Berkmier; saw another wagon of a similar type, the plat form being new, having apparent ly been built but a couple days previous; each wagon had a neck yoke; judged from looks that the neck yoke 's wagon which was bloody would weigh about twelve pounds; had metal tips on each end; met Berkmier in the road geome from Delaware Bend to Sherwood; said that he was ‘out on $3,000 bond and would have a hearing Monday; asked Berkmier how the affair happened and he said that on his way home, Wagner, who was riding with him, kicked off his grain sacks; and that he pounded Wagner's head up and down upon the plat form of the wagon; witness said that where the body was found he saw a dry spot where blood had discolored the grass Frank Shindler Lives east of Delaware Bend on evening of July 3rd met Berk mier at Sherwood with a load of sacks; invited me to ride home; got on wagon, so did Wagner; stopped at Holzer’s saloon, where Berkmier said he had business and went in leaving Wagner and myself in wagon; there were ten or twelve bundles of sacks, some groceries and sugar and some loose lumber the length of hay rack, in the wagon; Wagner laid down on the sacks in the rear of the wagon; Berkmier remained in the saloon an hour and I got tired of holding his horses and waiting on him, and left the team and walked home along the track. Wagner was lying on the sacks when I left; late in the night I was awakened by Berkmier who came into my house and = said ‘Lou, go with me up the road: jack and I get into a fight; the last time I hit him he was stand ing up, and he fell off the wagon; he said that he had told the priest of the fight; didn’t see anything in the wagon with which he could hit Wagner; he didn’t say what he hit him with; he said that Wag ner had thrown off his sacks ,and that he had caught him as he threw off the last bundle; he then grabbed the sugar when Berkmier said he stopped him; that he un hooked his team and both got off the wagon; said they had a couple fights in front of the Anthony house after which both hooked up the team and started home; while on the way Wagner came at him again he then hit Wagner who fell off the wagon ;he stopped his wagon and went back where Wagner was but the latter would not get up, couldn’t answer him, and he, Berkmier, got scared; lat er, after Wagner had been found Berkmier asked the doctor if he was hurt badly to which the doctor answered yes. Dr Reynolds Dr. Reynolds testifed as to Wagner’s condition when he ar rived at the home of Wagner, said there was no sign of life ex cept breathing several bruises on head. Dr. Reynolds was of the opinion that a direct force pro duced the wound on Wagners head which caused his death ;that the force was applied directly with much violence; that the wound was made with a blunt in strument; that it couldn’t have been produced by a fall; examin ed the body and found no marks other than those above noted; when asked if it was possible for a loaded wagon to produce a wound of the character sustained by Wagner ,the doctor was of the opinion that it was that it is al so possible to produce injuries such as Wagner sustained by grab bing a man by the shoulders and bumping his head up and down provided the head was brought in contact with an object extending above the surface of its base. Dr Lindersmith Said that he was summoned to attend Wagner some time be tween eleven andd twelve o'clock on the night of July 3rd; found Wagner lying on the ground on the east side of the River road; was breathing hard; I asked what had happened and was told; had everyone got back and looked for signs of a scuffle as the case look ed like a bad one; couldn’t find any traces of a scuffle; the ground was patted in front of Wagner; it was about six or seven feet from his head to the wheel track in the road; Berkmier and Schind ler drove up in a buggy and got out. I asked Berkmier how the affair happene and he replied, “I had to do it” that was about all he said; later he told how Wag ner had thrown off his grain sacks and sugar; that Wagner had said to him, “If you want any thing out of me you can get it,” and jumped into him. I heard Berkmier repeat it different times “It is too bad, but I had to do it” the body was placed in a buggy and taken to the Wagner home. A thorough examination was made upon the arrival of Dr. Rey nolds and we operated on the wound, found skull firactured and am of opinion that the man never regained consciousness af ter the blow which produced this condition When asked if Wag ner’s wound could have been pro duced by bumping his head up and down, said not on a flat surface but could be made by bumping on a heavy cleat; said the wound in Wagner's head couldn't have been sustained by a wagon run ning over it for the reason that there was no dirt on the head, in the hair, or on the fact.
Newspaper Details
Defiance Daily Crescent News
Defiance, Ohio, US
Tue, Jul 11, 1911
Page 4
Full Page
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USA 01 Jun 2026
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