Simeon P. Sheckler

The trial of Simeon P. Sheckler for the murder of James Barkus at Bergholz on the 15th day of February began Monday morning with a large crowd of witnesses present. Sheckler was indicted for murder in the second degree. He appeared in court this morning, accompanied by his wife and Mrs. Daniel Sheckler, his brother’s wife. Sheckler was neatly dressed in black and although a man of usually strong physique, showed the effects of his long confinement. He showed no traces of nervousness and his quiet demeanor made a favorable impression on the crowd in the courtroom.

Prosecuting Attorney Erskine and Ex-prosecutor Gregg represented the state while Messrs. Cook, Daton and Col. Anderson of Youngstown represented the defense.

The securing of a jury did not occupy much time. The usual questions were put to the jury and both the prosecution and defense were satisfied with this makeup of the jury. Charles Dunbar claimed exemption from jury duty because of his appointment as Judge of Elections. The defense objected, and after some discussion and consultation of the statutes, Mr. Dunbar was excused. Another one of the venire was called and the jury as sworn in was as follows: David M. Scott, H.W. Timberlake, Westley Flenniken, Frank Frederick, E.T. Wells, W.A. Drake, James Mc Bane, W.R. Hervey, George A. Chambers, Homer G. Chaffey, James Shull and J.A. Mc Cune.

Prosecutor Erskine opened the case by giving a detailed review of the crime which took place in Bergholz coal mines. He was followed b y John M. Cook, who made a special talk for the benefit of the jury, giving them to understand that the action of the grand jury should have no effect on them, nor should they weigh the statement of the prosecutor, but they were to hear the evidence and bring in a verdict accordingly.

Mr. Cook said they would show that Mr. Sheckler was perfectly justified in doing the shooting to protect himself from bodily harm; that Mr. Sheckler was no ordinary criminal, but was ordinarily loved and respected by his men and that Barkus and the Grimes boys were quarrelsome and hard to get along with; that Sheckler went in to see Barkus to quarrel with him is untrue as Sheckler went in to see William Campbell, another miner, and assist him in arranging the track, that Barkus began the quarrel by calling him a “d--n lying s-n of a b---h”, and jumped on Sheckler, but was pulled off by Daniel Sheckler, the brother, who walked off down the entry to Frank Grimes room where Grimes assaulted Daniel Sheckler; later Barkus came rushing down the entry like a demon, having in his hand a large piece of slate which he threw, cuttting a gash in Simon (SHOULD BE SIMEON) Sheckler’s head; that Barkus and Grimes had threatened Sheckler’s life; that on occasion they had made Sheckler “eat the dirt” so as to speak; that they had Sheckler under cow and did pretty near as they pleased in the mine.

Dr. A.A. Elliott testified that he had been called on to hold a post mortem examination on the body of James Barkus at Salineville on the 20th of February. There were abrasions below the eye, on the right cheek and on the neck, also a circular wound on the left chest about 2 ½ inches from the nipple and between the fourth and fifth ribs. The ball had penetrated the chest cavity and into the lung structure. The immediate cause of death was hemorrhage. Another wound was found between the seventh and eight ribs. It was a 32 calibre ball; the ball passed through the chest cavity, through the tissue of the left lung and lodged near the spinal column.

Dr. H Laughlin, who assisted Dr. Elliot in the post mortem examination on Barkus’ body, testified practically the same as Dr. Elliott.

Milton Grimes, Jr. – am 14 years old; I worked in the mine with my brother Frank; the trouble took place about three o’clock, James Barkus married my sister, I was at Barkus’ room after squibs for Frank Grimes; while I was there I heard someone say “Come out here I want you.” I did not know who he wanted but I went out and I found I was not wanted so I went to Frank’s room; I then hear Sheckler say “Barkus, come out here.” Barkus came out and asked him what he wanted; Sheckler said he did not want anything; Barkus said he did, Simeon said he was a liar, Barkus called him another, and Sheckler struck Barkus who grabbed him; after Barkus grabbed Simeon, Daniel Sheckler came up the entry and struck Barkus on the back of the head, knocking him down when both Dan and Sim Sheckler began pounding him, Barkus begged, saying “Leave me up.” Barkus got up while I went after Frank; later I saw Barkus coming toward Frank’s room with Dan and Sim following him; both said to Barkus “Stop or I’ll shoot.” Barkus got in Frank Grimes room, Simeon reached in Franks’ room and struck him and said, “Come out here you long legged s-n of a b---h or I’ll shoot you.” Dan yelled Frank Grimes the same when Frank jumped out and grabbed Dan, Simeon kicked and struck Frank; Barkus in the mean time had come out of the room and said “Two on one is not fair.” And pushed Simeon when Simeon pulled his revolver and shot. Simeon then walked across the entry; he was grabbed by Rankin Grimes when Simeon shot twice causing Rankin to let go, thinking he was shot. Simeon put the revolver in his pocket and went out. After tussling awhile, Daniel Sheckler said to Frank Grimes, “Let’s quit.” They stopped when Frank started toward him and Dan struck him again. Some half dozen had lights around Frank’s room and I had no difficulty in seeing. I was about two yards away when the fuss began in front of Barkus’ room.

Cross–examined by Cook- Frank’s room was the third room below Barkus’ on the opposite side of the entry; he had only been working three days. Mr. Cook led him into contradictory testimony as to the distance between Barkus’ and Grimes’ room, also into a denial as to what was said when Sheckler first called for Barkus, as to whether Sheckler said “Come up out of there.” Or “Come out.” The witness got badly confused and the examination was finally dropped – on this point. I waited outside Frank’s room after coming from Barkus’ room and waited for a car to be switched so I could push it in Frank’s room. The examination here brought out the fact that Barkus’ light went out. Mr. Cook asked him if Sheckler’s light did not go out, but the boy insisted in spite of all the scuffling that the light did not go out. While the fight was going on in front of Frank Grimms room I was standing in the entry below. Witness said he screamed when the shot went of, but afterward could not recollect whether he did scream or not, he also went out, but afterward admitted that he did not know whether the light went out or not. Witness, after several shots, ran down to the room of a man named Wilson. He denied testifying at the coroner’s inquest that Barkus hit Simon (SIMEON)in front of Barkus room.

Milton Grimes, Jr. – was recalled at the hearing before Squire Johnson. I did not say that Barkus and Sim Sheckler were together when the shot was fired, but that they were an arm’s length away.

T.H. LOVE – Fifth District Inspector of Mines testified that he was acquainted with the Bergholz mines and had taken a plat shortly after the murder. The plat was produced, and he described where the tipple was and the number of entries driven and gave other descriptions about the mine.

CRAWFORD M. HACKATHORNE – I am a coal miner; was working in the Bergholz mine on the day of the tragedy; my room was one room below Barkus’; Grimes room was one room below on the opposite side of the entry; Dan Sheckler had on his every day clothes; Simeon had on his pit clothes; on the day of the fight I heard someone say, “Let’s not fight here, but go outside.” I went outside my room and saw Barkus going down the entry with Dan and Sim Sheckler following; Barkus went into the mouth of Grimes’ room and Sim and Dan Sheckler were standing outside; nothing was said as they passed my room; Barkus was sitting on his hunkers; Simeon grabbed Barkus and said “Come out of there you long-legged s-n of a b---h”; Frank Grimes came out and he and Dan Sheckler clinched; Sim went up and struck Frank while he was clinched with Dan Sheckler; Barkus said, “Two on one is not fair.” And grabbed Sim Sheckler by the shoulders and pulled him off. Then Simeon Sheckler shot Barkus who fell. Sim went across the entry and Rankin Grimes came along and grabbed him by the arms; Sheckler fired twice at him and went out; he admitted that he did not see the revolver in Sheckler’s hands.

Cross – examined by Daton – I know the Grimes and Barkus families; Barkus came to Bergholz after I did; Barkus and the Shecklers were close together when they passed my room; there were some half dozen lights around where they quarreled; do not know who it was said “Let’s not fight in here, lets go outside.” After Barkus got down into the mouth of Frank Grimes’ room I saw Simeon Sheckler had hold of him, and say “Come out there you long s-n of a b---h and we will shoot you.”

When Grimes and Dan Sheckler clinched, Grimes was bumping his head against the side of the mine. Frank Grimes had a light in his hat during the tussel; do not remember that James Barkus had a light in his hat when he went down the entry followed by the Shecklers. After blasting, the air in the entry is pretty thick, making it hard to see. Daton here tried to show feeling on the part of Hackathorne because he was one of the single men discharged.

Frank Grimes – James Barkus was my brother-in-law; I have known Dan and Sim Sheckler about eight years; the first I know of the fight was when my brother Milton came to the room and told me; I hurried out to the mouth of my room and saw Barkus coming down the entry with the Shecklers following, Barkus was staggering as he came down the entry; I heard Daniel and Simeon Sheckler say as they followed, “Stop you s-n of a b---h or we will kill you.” Barkus staggered and fell into my room, I came outside my door and crept under the eight foot pillar and was at the edge nearest the entry; there was a pine board door at the mouth of my room; Dan kicked Barkus and Sim said “Come out you long legged s-n of a b---h or I will shoot you.” Dan said to me “You shut up you s-n of a b---h or I will shoot you.” and felt for his hip pocket. I jumped and grabbed him by the waist, while we were grappled, Sim ran up and hit me on the head with a piece of slate and kicked me on leg; Barkus got up and said “Stand back, two on one is not fair.” And reached out toward Sheckler, when Sim shot him. Barkus fell, saying “O my God, I am shot.” Sheckler stepped across the entry and Rankin Grimes grabbed his arms; Sheckler shot at him and after the shots were fired, Dan said to me, “Let’s quit.” I said, “Alright, I think its time.” After we let go, Dan struck at me with all his might; I then went over and raised Barkus head, saw that he was breathing and bleeding and drawing long breaths’ he lived about twenty minutes and died outside the mine near the tipple; we took him out in a car.

Cross examined by Cook – Dan Sheckler and myself were fighting without lights until the last shot was fired; before the coroner’s inquest he said as the Shecklers followed Barkus that they struck at him, but he denied this on examination; afterward on thorough cross examination, he admitted that Sheckler did strike at him and hit him. His testimony was mixed on this point. His testimony was also different as to what the Shecklers said while Barkus was in the mouth of his room at the preliminary examination and on this examination. He also claimed that he could tussle with Dan Sheckler and could see the shooting at the same time, also that he had to keep his eye on Sim Sheckler to keep him from kicking and hitting him, that Barkus did not go down the entry and come back with slate. “Did you ask Barkus as his head lay on your lap who shot him?” “No, before my God, I did not. I simply called him by name.” I threw Dan Sheckler down but he got up again.

James Kirkpatrick – I know the Shecklers; my room was farther in the entry than Barkus’ room; I heard that some one was quarrelling, so I went out of my room and went down the entry and saw Frank Grimes and Daniel Sheckler scuffling; saw Frank throw Dan Sheckler down and saw Sim run in to kick Grimes when Barkus shoved him away saying “Two on one is not fair.” I saw Sim Sheckler pull his revolver out and shoot. Was six or eight feet away when the shot was fired, could only see one side of Sheckler and Barkus back; next saw Sim Sheckler at the mouth of the bank; he asked me if I was following him; told him no; was going after the doctor; heard him tell the driver that he had shot a man.

Cross examined by Daton – I was boarding at Grimes at the time; Rankin Grimes had the same room at the mine; we went to where the fight was together; there were three Grimes in the mine that day; the Barkus and Grimes families are related; Grimes shoved Dan Sheckler’s head up against the side of the mine; Grimes threw Sheckler down and held him; Frank Grimes had Dan Sheckler by the throat and with their faces toward the mine; how could they see down the mine toward Barkus and Sim Sheckler with their faces toward the road; in his answer he did not see how they could unless they turned. He also admitted, that there were others between him and the men who were down and he could not see very well; he also did not see the shots fired, but heard them; he did not see what Rankin Grimes did when it was said that Grimes grabbed Sim Sheckler; when it is said Sheckler fired two shots at Rankin Grimes. Before coroner Maxwell I swore that I guessed Simeon Sheckler did it. He was asked why he said he “guessed,” but silence followed this; he said the tussle between Frank Grimes and Dan Sheckler lasted five or ten minutes.

Rankin Grimes – I have known Simeon and Dan Sheckler about seven years. My attention was first called to the quarrel by Mart Starr who hollowed to me. The first thing I saw when I went down the entry was Frank Grimes and Dan Sheckler clinched. Frank had Dan’s head against the side of the mine; Frank threw Dan when Sim ran in and kicked him while he was setting down holding Dan. Frank’s face was across the entry, Simeon and Barkus were down the entry. When Sim kicked Frank Grimes, Barkus put his hand on Sim’s shoulder and said “Two on one is not fair.” Then Sim pulled his revolver. They were facing each other when the shot was fired.

Col. Ferrell put this witness through one of the most thorough cross examinations that ever took place in the present court house. The examination was amusing to both the state and the prosecution, causing even the judge to smile while the crowd and jury were convulsed in laughter.

Silas Hackathorne – I live at Bergholz and know the Shecklers; I talked to Simeon Sheckler about Barkus, about two weeks before the row; Sheckler said then “he would like to kill the long s-n of a b---h.”

Cross examined by Daton – I was not working on the day of the fight; Sheckler and myself had been talking about the air in the mine; Barcus wanted better air and he and Sheckler had trouble over it, and Barkus had set Sheckler down in the mine by force, I run with the Grimes boys.

Jacob Long – I saw Simeon on the day of the trouble; I saw him shake hands with his brother George and say goodbye saying he was going away as he had another racket at the mine and as usual was in fault; he and George went off together.

Frank Wallace – live in Bergholz, am a farmer. The Nixon sawmill was on our farm; knew Simeon Sheckler, saw Sheckler between four and five o’clock at the sawmill on the day of the shooting. As I came near the shingle mill, Sheckler came out and asked if I came to arrest him. I said “No” then Sheckler gave me an account of the shooting, saying it grew out of an attempt of Barkus to ??????. Sheckler said he would not allow it and Barkus called him a liar and threw him down and kicked him when he shot.

Cross-examined by Cook – Sheckler was crying when I saw him. He asked, “When I was thrown down by Barkus what could I do but shoot”; he wanted me to be deputized and arrest him and take him to jail as he was afraid to go and give himself up because the Grimes and Hackathornes were a desperate set and he was afraid of being mobbed. He told me of Barkus making him sit down in the dirt of the mine. Also that the Grimes and Barkuses had abused him and were trying to ruin the mine.

Mrs. Barkus – am 28 hears of age and am James Barkus’ widow, have two children, one boy two years of age and the baby in my arms, the morning of the tragedy James went to work at 6 o’clock in the morning and was brought home at four o’clock as near as I can tell. (here the tears came, the defense did not examine her.)

James Twaddle – live at Bergholz myself. Mr. Carman and Mr. Baker arrested Sheckler in the evening about one and one half miles before Salineville in Wells’ stables; took the revolver from Sim. He identified the revolver by a mark he had placed on it. The state here rested and the witnesses for the defense were called.

Robert Lee by Cook – I was working in the mine on the day of the shooting. James Barkus room was one room above mine on the opposite side. Frank Grimes room was the next room to mine toward the mouth of the mine; saw part of the difficulty; heard Milton Grimes yell to his brother; when I went out of my room Dan Sheckler and Frank Grimes were clinched and fighting; saw James Barkus go toward the head of the entry some distance and come back with something in his hand like bona coal (a kind of refuse coal like slate); it was nearly the size of my fist. He hit Dan Sheckler on the left side of the head with it and he fell down immediately, I told Barkus not to do a darn trick like that; I went back to my room and when I got there heard three shots and fired; heard Rankin Grimes go up the entry and say “Milty is shot.” Heard Milty yell when the first shot was fired, saw Dan Sheckler after the row and his face was badly cut up.

By Erskine – am English by nationality; went to Bergholz from Tennessee. Erskine rattled the witness on his saying that Dan Sheckler’s face was cut to pieces. He had worked four or five minutes after hearing Milton Grimes yell to Frank. Witness here gave a vigorous physical exhibition, with Erskine as a subject, as to how Frank Grimes and Dan Sheckler were tussling. He said Grimes had his fingers in Dan’s nose and mouth, Croft Hackathorn, James Kirkpatrick and Emery Everhart and Milty Grimes were not near the fight, I saw Hackathorne after the fight while Dan and Frank were fighting I said “Quit fighting.” None of the rest of the men took any part. He would not say he heard the blow struck; did not see Barkus face when he struck. Dan Sheckler saw Simeon Sheckler kick Frank Grimes after Barkus hit Dan; saw Rankin Grimes come to the scene of the quarrel and was going to jump in, but he was pushed away by John Sheckler.

Jacob Drake by Cook – was working in the mine; my room was a little above Barkus’ room; I saw Frank Grimes and Dan Sheckler fighting; Grimes had Sheckler hugged up tight against the side of the mine; Dan was trying to punch Grimes in the ribs, but could not get in hard blows; met Rankin Grimes coming down the entry; went back to my room and filled my lamp; then heard the shooting; Rankin came up the entry saying “Milty is shot.”

Dan Sheckler by Daton – Simeon Sheckler is my brother; was at the mouth of Harvey Campbell’s room above Barkus’ room when the trouble began; I had called Harvey and thought about going into his room; heard Barkus and Simeon talking loud; I heard Barkus say to Simeon “You area lying s-n of a b---h”, I went down and found Barkus on top of Simeon, striking him; both were cursing; Barkus said to Sim “I will kill you.” I separated them by pulling Barkus off. Barkus after he was pulled off said to Sim, I will see you again.” He asked me, “Will you see this out?” I said , “Yes, my brother is not strong enough and I will fight you if you say so.” We went down the entry, and Barkus went into Frank Grimes room; myself and brother stopped; Frank Grimes threw several pieces of slate at me; Frank came out and caught me by the legs and threw me down and after tusseling I got up again; then we tusseled along the side of the mine with our faces toward the head of the entry; we struggled some ten feet; Barkus came down the entry and struck me with a piece of slate and knocked me down; Grimes jumped on me and bent me; a minute later I heard a shot fires; Bob Lee came down and said we ought to quit fighting and go outside; after the shooting Rankin came down the entry and said, “O my God, it is Barkus. It is Barkus who is shot!” Frank asked Barkus who shot him; my head was badly cut up, my clothes were covered with blood; it was about three o’clock when I went in the mines; Simeon went in ahead; I got out of the car below Grimes’ room; I look after tracks; the work was to be done as soon as I could get at it; he also exhibited scars received in the fight.

By Erskine – the scar in my cheek was not received in a fight; I have been to jail for fighting (objected to);I am not a sort of bully around Bergholz (this was objected to); I went in the mine to see Simeon; I asked Newton Goudy where he was; I went into look at the track in Campbell’s and Barkus’ rooms; had nothing in my pockets; did not run up and hit Barkus while he had Simeon down; I heard Barkus call Sim “a lying s-n of a b---h” and saw him jump for Sim and hit him; he threw him down and pummeled him; I pulled him off; I did not make a hole in the back of Barkus’ head; Barkus did not stagger ????? on a good gait; after I pulled Barkus off he said to Sim, “I’ll catch you again and smash your brains out.” He asked me if I was ready to take it up I said “Yes:” I followed, thinking we were going out to fight. Question – When he was crouched down in the mouth of Frank Grimes room did you think he was in going to fight? Answer, no. He was not crouched but sitting down; I did not see Sim reach in and grab Barkus and call him “a long legged s-n of a b---h” and tell him to come out or he would shoot him; I did not call Frank Grimes “a red headed s-n of a b---h.” I did not see Simeon hit Frank with a piece of slate; as soon as Frank let loose after Barkus struck me with slate I fell; then Frank pounded me; Barkus was behind me when he fell; I heard the shot; I did say to Frank Grimes, “ Let’s quit”; did not strike at Frank after he let go. The revolver was here exhibited and the witness asked how often he had seen it (objected to) and sustained.

John Sheckler by Anderson – am a nephew of Simeon Sheckler, Robert Lee called to me and told me of the fight; I saw Frank Grimes and Dan Sheckler struggle; when Rankin Grimes came down to take a hand I followed him; Frank Barkus was there shoving a crowd of us back; after Barkus was shot Frank said to him “Jim, speak and tell me who shot you.” Lee said to Barkus after he struck Dan with the slate – “Barkus, that was a dirty trick.”

Harvey Campbell by Daton – heard Barkus call Sim a “lying s-n of a b---h.” I gave Barkus a light as he passed up the entry and he came back with slate in his hand; I heard the shooting when I went up the entry to my room; Rankin came along and said, “Milty is killed.” The mine was smoky and it was hard to distinguish who people were over eight feet away. I heard Dan say to Grimes “Do not throw any more slate at me.” Dan Sheckler married my daughter.

Aaron Myers testified that shortly after the discharge of the single men in February, Barkus was growling about a coal pick. He thought Sheckler took the pick to use it and Barkus said he would shake the guts out of Sheckler.

Thomas Conner, the next witness called admitted he had been drinking but not much. He was dismissed to sober up.

George Casey – Barkus told me last fall that he and Sim had trouble, and that as soon as the new mine was opened he and Sim would have one of the damnedest rackets ever heard tell of.

Cross examined by Erskine – Barkus was loud-mouthed sort of fellow. I thought the threat an idle one.

Hale Garner – Barkus talked to me about the lay off of the single men; he blamed Sheckler saying he was a damned sneak and needed his wind shut off and would get it. The lay off was when the company was short of orders and the single men were laid off. Barkus was one of the committee to look after the discharge of the single men.

Hans Dunlap – Barkus told me that he shook his fist under Sim Sheckler’s nose and set him down.

William Myers – after the lay off when I went in the bank one morning, Barkus called me in his room and asked me what I thought of the lay off. I said “it was customary.” He said “That stinking s-n of a b---h Sim Sheckler” was to blame and he would kill him if he ever crossed his path. Barkus was a blower, he never killed anybody.

Fritz Sleter – Barkus in a saloon last fall said “the first time he met Sim Sheckler he would knock him down.”

J.B. Salmon – I overheard one day in the mine that he would rid the mine of the damn Shecklers.

Salter was recalled to be asked whether he had communicated the threat to any one. He said no.

Attorney Anderson arose to argue that it was admissible to show threats against Sheckler by Barkus.

Simeon Sheckler, by Anderson – I am ?? years of age, no children living; wife is living, I was mine foreman since 1888 ?????? mine foreman and superintendent and did other work; had the entire control of the mine and I had power to hire and discharge; had trouble with Barkus before the 15th of Febrauary last when I put up the notice asking single men to quit work, some practical men quit work and others we had to call into the company’s office and tell them; the Grimes boys had to be called into the office before they quit; Barkus blamed me for being in the fault and I heard of it and asked him; he denied and flew off mad and made me sit down on the floor of the mine; I had trouble with Barkus, he disobeyed orders and loaded dirty coal; I told him to quit and he told me that I could not discharge him and threatened to call a meeting; I heard of threats made against me by Barkus too numerous to mention;he was a six foot man weighing about 170 pounds, he was not fleshy; I had seen Barkus in the forenoon of the day of the trouble; I went that afternoon to look after a drain; we had high water and I wanted my brother to show me where a rag was in the drain; I did not know that Dan was in the mine; I went in as far as the driver went; as I came out I stopped where I supposed Crofton Hackathorn worked; I stopped at Silas Hackathorn; I called “Croftus”; I met Barkus at the mouth of his room, he asked me what I wanted with him; told him that I did not want him; he said “You did call me.” I said I did not, he said “You’re a lying s-n of a b---h.” and jumped for a crouching position and grabbed me, throwing me down; about the time Barkus had me down Dan arrived; I told Barkus I was not able to fight him and to let me alone; he asked Dan if he wanted to take the fight up; Dan said he would, so they went down the entry to fight it out outside; Barkus went into the mouth of Frank Grimes room; I saw Frank throwing stones at Dan; I stopped; Frank jumped out and grabbed Dan and threw him down; Dan got up and the scuffed along the entry; while they were scuffling Mr. Lee came along and tried to make peace; thinking he could accomplish more with me out of the road; I went down the entry; Barkus followed and picked up something and started back toward the fight and reached out and struck my brother over the head; the blow stunned my brother Dan, he fell when Frank’s hold loosened on him, I saw it was too rough on Dan so kicked Frank; then Barkus struck at me with stones; I got out of the road when Barkus caught me from rear around my waist with one hand at my throat; I reached for my revolver and shot three times, the first shot striking him, I believed myself to be in danger of bodily harm, as he had threatened me; one time before he threatened me “If you open your mouth again I will kill you like a dog.” I owned the revolver and carried it several months after he began to threaten me.

Cross by Erskine – Did you not know that the laws of this state would protect you against Barkus and his threats? ..........Answer – yes.

Well, why did you carry the revolver? Answer – “To defend myself from the gang”. Daniel went in that afternoon to look after some work he was to do; Barkus was not discharged; I spoke to him once and told him to quit and he told me to discharge him and he would give me trouble; he stood in with a gang; I always called Hackathorne “Croftus” and others noticed that I called him that nickname; I did not call Barkus a liar, I was afraid and others at the mine were afraid to answer him back; I followed Barkus and my brother down the entry; Barkus got into the mouth of Frank Grimes room; I did not catch Barkus, swear at him and threaten to shoot him; Dan did not swear at Frank and threaten to shoot him, Frank Grimes threw at Dan; I did not see Barkus get a light from Harvey Campbell, do not remember who all were in the crowd; after Barkus struck Dan I kicked Frank, then Barkus made at me with the slate that he had in his hand, he caught around my waist and transferred his hand to my throat; we were stooping over; my face was toward the mouth of the entry; I shot three times at Barkus, I did not shoot or struggle with Rankin Grimes; I asked if any of the others men were shot; I went to the sawmill that night; there I went to William Wells stable near Salineville; I went to the stable because they did not want to harbor me; I sent an order for money to my father for a suit of clothes, intending to come down here and surrender myself; the reason I left the supper table at Wells’ is that I did not feel well over the affair and was not hungry.

Question by Anderson – I was suffering from hernia prior to that affair, my physical condition was poor; I was afraid to discharge Barkus because I knew that if he did not put an end to me that he would help to.

Mr. Sheckler’s testimony was given in a plain tone and his manner had its effect on the audience who listened to every word. He stood a severe cross examination by prosecutor Erskine without being tripped in a single word in his testimony which threw some new light on the incidents that led up to the shooting.

George Sheckler, by Daton – Sim did not say that he had gotten into trouble at the mine and it was his fault as usual; Hackathorne was called “Croftus.”

Thomas Mc Connaughey – I heard Milt Grimes yell to William Grimes “Hey Bill” about the time of the shooting.

Milton Goudy – Sheckler called the men by nick names. He called Hackathorne “Croftus.”

Henry Verner by Cook – Barkus was talking to me about Sheckler last winter in the mine, he said, “I would just as soon fix Sheckler as a dog.” The talk began about doors which Barkus said were not right.

There was not as large a crowd present us on the two previous days when court opened. Rebuttal testimony was introduced first.

C.M. Hackathorne was called and testified that Sheckler never called him “Croftus.” That Sheckler knew what room he was in as I explained that I was working with my brother Jack.

John Sheckler was recalled. He saw a measurement made from where the fight took place to where Barkus lay. It was seventeen feet.

Croftus Hackathorne was recalled to prove that Sheckler knew where he was that afternoon and that Sheckler did not need to call for “Croftus” at the mouth of Silas Hackathorne’s room. The witness said Sheckler saw him in the morning; he was working with his brother Jacob; he said Sheckler called him “Croffogan.”

Henry Everhart – I never heard Sheckler call Hackathorne “Croftus.” They called me “overhalls.”

John Freed – I never heard Sheckler call Hackathorne “Croftus.” Robert Lee told me that he came out of the room before the first shot was fired and went back and saw nothing more. Daton asked about Lee as a bald headed Englishman with not much hair between him and heaven. He admitted that he ran with the Grimes-Hackathorne faction; he admitted being in Erskine’s office last night.

Joseph Grimes – Anderson got him to admit that he did not remember what Robert Lee said to him.

Isaac Bryen – I am a brother in law of the Grimes boys; I live in Salem, this county; I heart Robert Lee say that he came out of his room just when the first shot was fired and jumped back and knew nothing of the shooting.

Mr. Timberlake, one of the jurors, asked the witness if Barkus had a nickname. He did not remember.

Milton Grimes , Sr. – am a father of the Grimes boys and father in law of Barkus; Robert Lee told me that he had heard a noise and had come out of his room and was going up the entry, when the first shot was fired. It went pass his ear and he jumped back and saw nothing of the shooting.

James Wallace – I know Robert Lee; he told me and my wife that he did not see the fight and did not hear any of the shots. He said he was not related to the Hackathornes, but later said one of the Hackathornes had married his wife’s daughter.

After the last witnesses were heard Wednesday morning, the arguments in the Sheckler murder case began. Mr. Gregg opened for the State and was followed by Messrs. Cook and Daton. An unusually large crown thronged to the courtroom anxious to hear Col. Anderson of Youngstown, whose eloquence and convincing arguments were a matter of reputation that preceded him here. All who heard Anderson’s speech in behalf of Sheckler pronounce it one of the finest efforts yet made on a similar case in this courtroom. He brought more out of the evidence to show that Sheckler fired in self defense, and that the Grimes, Hackathornes and Barkus were aggressors and had threatened Sheckler, occasioning Sheckler to go armed to protect himself from the crowd who were evidently waiting to get a chance to “do” him. In ending Anderson asked the jury pathetically to remember the blow that a heavy verdict would bring to the wife, mother and father. The speech had its effect on the jury and in many an eye a tear glistened. Prosecuting Attorney Erskine closed with an able argument, elegantly delivered, asking that Sheckler ?????? arguments closed about six o’clock and after supper Judge Mansfield charged the jury and they retired at eight o’clock remaining out until six o’clock Thursday morning, when they announced that they had agreed upon a verdict. The verdict was sealed and the jury taken to breakfast, and at nine J.H. Timberlake, the foreman of the jury, handed the verdict to Clerk Buckingham, who read it. They found Sheckler guilty of manslaughter and not of murder in the second degree as indicted. Mr. Cook immediately made a motion for a new trial.

At the outset the jury stood six for murder in the second degree, and four for manslaughter, and two for acquittal. Shortly the four for manslaughter joined the six for murder in the second degree, making ten against two for acquittal. The latter refusing to vote for the indictment but finally agreed to manslaughter, and the ten came to them, to prevent a disagreement. And the excessive cost of another trial.

STEUBENVILLE WEEKLY GAZETTE – JUNE 23, 1893

TEN YEARS

JUDGE MANSFIELD GIVES SHECKLER TEN YEARS

A HARDER SENTENCE THAN WAS ANTICIPATED

Simeon Sheckler, who was found guilty of manslaughter on Thursday, was brought up to receive his sentence Saturday morning. Judge Mansfield reviewed the entire case before delivering the sentence. He held that Sheckler had no right to arm himself as he was not associating with criminals, nor was his life in any danger, that he was living in a peaceable community comprising his neighbors and farmers. That Barkus was a blustering, loudmouthed man did not make him dangerous, but he was fully able to take care of himself in a fair hand- to- hand combat with both Sheckler and his brother. Sheckler took his brother into the mine on that afternoon in order to pick a quarrel with Barkus, as is evidenced by the fact that his brother, who works at night, could give no reason why he went into the mine in his good clothes in the day time, that Barkus walked away from him and his brother who followed and continued the quarrel in which Sheckler shot Barkus. Judge Mansfield stated that Sheckler was not descended from a family of criminals and that he should consider himself happy that he was not convicted of a higher crime. He complimented the lawyers who conducted the defense, saying that they did all that skill and experience suggested for their doing. He ended by sentencing Sheckler to ten years at hard labor in the Ohio Penitentiary.

Simeon Sheckler was taken to Columbus on Panhandle NO. 7 accompanied by deputy John Opperman, his wife, and Dan Sheckler.