Richland Co., Ohio

  
 

Misc. Info.

  
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Charges Against Mary J. Leiter

source:  The Mansfield News:  July 30, 1907
 
 
 

Submitted by Jean

  

CONFIDENT MRS. LEITER

SAID TO BE NOT AT ALL DISTURBED OVER THE CHARGE PENDING AGAINST HER

It was stated that Mrs. Mary J. Leiter, who is under $2,700 bond to answer to the charge of having performed a criminal operation which resulted in the death of Mrs. Daisy Miller, was still too ill to appear before the mayor for preliminary examination Tuesday morning and the case is being continued from hour to hour until her condition is such that her attending physician considers it safe for her to undergo this ordeal.

The funeral of Mrs. Miller was conducted Monday afternoon and although there had been some talk of holding a post mortem examination this was deemed unnecessary.

It is claimed that Mrs. Leiter shows no uneasiness in the matter and said that the others were all more excited about it than she was.  Her manner would indicate that she feels confident that she will be acquitted of the charge while the officials are almost equally confident that the evidence which their investigation has adduced is so strong that the defense cannot beat it down.

source:  The Mansfield News: July 29, 1907

CRIMINAL PRACTICE

ALLEGED AGAINST MRS. MARY J. LEITER WHO IS UNDER BOND FOR APPEARANCE

CHARGE PREFERRED BY HEALTH OFFICER

The Accused Held to Have Performed Operation that Led to the Death of Mrs. Daisy A. Miller who Died Last Friday—Investigation Made by Authorities Said to Have Developed Ample Evidence for the Charge and the Arrest

Mrs. Mary J. Leiter, of 57 South Main street, was arrested Saturday afternoon at 4:30 o’clock charged with having performed a criminal abortion, which is alleged to have caused the death of Mrs. Daisy Miller, who died at her home at the corner of Buffalo and Elizabeth street Friday.

Mrs. Leiter, who was ill at the time of the arrest was made, furnished bond amounting to $2, 700 for her appearance before the mayor for preliminary examination, which will be conducted as soon as the woman is well enough to go to the mayor’s office.

Mrs. Miller, who died after an illness of seven weeks with blood poisoning, was cared for by a regular practicing physician during her illness which resulted from the criminal operation which she underwent and which it is claimed the evidence will show was performed by Mrs. Leiter.

Immediately after Mrs. Miller’s death an official investigation was set on foot, as a result of which Dr. J. M. Burns, the health officer, on Saturday afternoon filed an affidavit before the mayor charging Mrs. Leiter with the serious offense above stated.

When Officer Madden went to the Leiter home on South Main street he found that the woman was so ill that that she could not be taken to the police station and accordingly arrangements were made for her to give bond for her appearance Monday.

On Monday morning word was sent to the mayor that Mrs. Leiter was not yet well enough to appear for preliminary examination.

The officials who have the matter in hand state that they have had this woman under surveillance for some time, but it is not until this time that they have gotten their evidence sufficiently well in hand to warrant them in causing her arrest.

Mrs. Leiter conducts a millinery store on South Main street, but the investigators say that the business of milliner is simply used as a blind for the carrying on of the criminal practices of which she is now accused.

It is stated that the present investigation has also brought out the fact that this business is by no means a new one for the woman and that about nine years ago she served a term in the penitentiary, having been sent up from Ashland county for a similar offence.

Officials claim that Mrs. Leiter is not the only one who is suspected of doing work of this sort and that further efforts will be made to secure evidence sufficient to convict others who are known to perform criminal operations with more or less frequency.

The affidavit in the case against Mrs. Leiter was filed Saturday afternoon after a conference between the mayor, the prosecutor and the health officer and a warrant was immediately issued and placed in the hands of an officer for serving.  [The Mansfield News: July 29, 1907]

source:  The Mansfield News: Sept. 16, 1907

PRELIMINARY HEARING IN THE CASE OF STATE VS. MRS. MARY LEITER HELD SATURDAY NIGHT AND THE CASE IS DISMISSED ON MONDAY

The hearing of Mrs. Mary Leiter, arrested on the charge of criminal abortion and having caused the death of Mrs. Mont Miller, was held in police court Saturday night.  The coroner, Dr. Goodman, held an inquest in the case of the death of Mrs. Miller, which occurred July 26, after a sickness of six or seven weeks.  The coroner returned a finding to the effect that the woman had died of sceptic poisoning.  The hearing of this case has been put off from time to time for various reasons.  A. A. Douglass appeared as attorney for the defendant and Glenn Cummings was counsel for the state.  It is stated that Prosecuting Attorney Huston refused to have anything to do with the case and he did not show up in the court room Saturday night.  The husband of the dead woman, Mont Miller, was placed on the stand and gave some very important testimony to the effect that he first called in Dr. Lisle and later went to see Mrs. Leiter and told her he was in trouble.  He asked Mr. Leiter to come and see his wife and she came and he paid her $5 for services.  He said that Mrs. Leiter told him (Miller) to go out of the room when she came and he did so.  Afterward a number of doctors were placed on the witness stand and gave testimony.  One of the principal witnesses was Dr. Wheaton who attended the dead woman in her last sickness and who gave testimony to the effect that there had been a miscarriage.  At the conclusion of the testimony, Attorneys Douglass and Cummings occupied a few minutes in addressing the court.  The mayor then announced that he would take the case under advisement and announce his decision on Monday.  There were quite a number of spectators present during the hearing, the court room being well filled.  It is stated at the police station that the prosecutor claimed there was nothing in the case or at least not enough evidence to convict.  The Leiter case came up again in police court Monday morning at which time the mayor dismissed the case taking the position that there was not sufficient evidence on which to hold Mrs. Leiter.  Thus ends the famous case which has been hanging fire for quite a long time. 

source:  The Mansfield News; Nov. 29, 1907

Mrs. Leiter Arraigned

IN THE MAYOR’S COURT ON CHARGE OF COMMITTING ILLEGAL OPERATION

As stated in Wednesday’s paper, Mary J. Leiter was arrested late Wednesday afternoon on a warrant sworn out by one Daniel Carr charging her with committing abortion upon his wife on Nov. 7, 1907.  Daniel Carr had already filed suit in common pleas court against Mrs. Mary J. Leiter for $5,000 damages for the same alleged act.  Mrs. Leiter was arrested by Officer Madden.  The defendant was arraigned before the mayor in police court late Wednesday afternoon.  In answer to the usual questions the defendant in this new proceeding stated she was born in West Virginia, is married and 45 years of age.  She pleaded not quilty to the charge through her attorneys, Douglass & Mengert, and also waived the reading of the affidavit.  The preliminary hearing was fixed for Monday, Dec. 2, and the bond was placed at $500.  The necessary bond was given an the defendant released.  A large number of subpoenas were issued today at the police station for witnesses, who will be asked to give testimony at the hearing next Monday. 

source:  The Mansfield News: July 2, 1912

CONTEMPT CHARGE

Charles O. Sheller, attorney for the plaintiff in the case of Mary J. Leiter vs. Samuel A. Leiter, has filed a charge of contempt in probate court against the above mentioned defendant.  It is alleged that on May 29 and July 1 and at various other times the defendant, Samuel A. Leiter, unlawfully and willfully violated an order of the court made on May 31, 1912, temporarily restraining him from interfering with Mary J. Leiter in the management and control of her property by forcefully resisting and refusing Mary J. Leiter from showing and renting rooms in the property with intent to obstruct the administration of justice in the cause. 

source:  The Mansfield News:  March 5, 1913

Steel Canopies

A resolution by Mr. Wolff, granting permission to Mary J. Lewis to erect a steel porch or canopy over the sidewalk in front of her property at 57 South Main street was adopted.

source:  The Mansfield News: April 15, 1913

Attorneys for Defense Not Ready and Judge Weygandt Continues It

The case of the State of Ohio vs. Mary J. Lewis, formerly Leiter, indicted on the charge of abortion, was set for trial in common pleas court for Monday morning.  Judge Weygandt, of Wooster, was specially assigned to try the case but he failed to appear here yesterday.  When Judge Weygandt arrived this morning he opened court and asked whether the parties were ready for trial and C. O. Sheller, who with Judge Wolfe is counsel for the defendant, stated that the defense was not ready and thereupon Judge Weygandt continued the case until next Monday morning.  This is the third time the case has been assigned for trial.  There was a lively controversy between the attorneys for the defense and those for the state. 

source:  The Mansfield News: May 3, 1913

SENTENCE DELAYED IN LEWIS CASE

Convicted Defendant Has Case Suit in Mt. Vernon—More Bond Wanted

C. O. Sheller, principal council for Mrs. Mary Lewis, formerly Mary Jane Leiter, made representations to common pleas court to the effect that the defendant who was convicted in court of having performed a criminal operation upon one Elizabeth Richey, should not be sentenced today as was originally intended.  The counsel for the defendant stated that the woman has a civil action, a foreclosure case, set down specially for trial in the court at Mt. Vernon, Knox county, on May 7.  The woman is the plaintiff in this case and to protect her from possible financial loss it was requested that sentence be delayed until after May 7 in the Lewis case.  After being convicted on the above mentioned criminal charge Mrs. Lewis was required to give bond in the sum of $6,000 and when she gave this bond she qualified financially in the sum of $7,000.  After the matter of pronouncing sentence in Mrs. Lewis’ case was deterred this morning Prosecuting Attorney Olin M. Farber filed a motion asking that the defendant be required to give an additional bond for her appearance in court when wanted. 

source:  The Mansfield News:  May 27, 1913

NEW BOND OF $6,000 NOT FORTHCOMING

Mrs. Mary J. Lewis, who was sentenced to the Ohio penitentiary for a five year term yesterday by Judge Mansfield, still languishes in the county jail, having been unable to furnish a $6,000 bond with security which meets with the approbation of the prosecuting attorney and county clerk.  It was stated at noon yesterday that she would likely get somebody to go on the bond, but it seems that she has been unable to do so.  The Lewis case has aroused considerable interest for the reason that she is the first woman to be sent up to the penitentiary for many years in Richland county. 

source:  The Mansfield News: May 28, 1913

MARY J. LEWIS IS OUT OF JAIL

Attorneys for Woman Who Was Sentenced to the Ohio Penitentiary

A petition in error has been filed in the court of appeals in the case of Mary J. Lewis vs. The State of Ohio.  Mrs. Lewis was convicted of abortion and sentenced to 5 years in the Ohio penitentiary by Judge Mansfield.

Mary J. Lewis, the plaintiff in error, complains and says that there is error in the record in this, towit:

1.  The court erred in admitting evidence offered by defendant in error, and objected to by the plaintiff in error and to which the plaintiff in error than and there excepted.

2.  The court erred  in rejecting evidence offered by plaintiff in error and objected to by the defendant in error to which the plaintiff in error at the time excepted.

3.  The verdict was against the weight of the evidence.

4.  The verdict was contrary to law.

5.  The court erred in  his charge to the jury.

6.  For misconduct of the prosecuting attorney in his argument to the jury in referring to the fact that the plaintiff in error did not testify and for other misconduct by him during the trial.

7.  The verdict should have been for the plaintiff in error wheras it was for the defendant in error.

8.  The court erred in overruling the motion of plaintiff in eror[sic] for a new trial.

9.  For other errors apparent on an inspection of the record.

The plaintiff in error prays that the judgment may be reversed and that she may be restored to all things she has lost by reason thereof.

J. P. Seward and C. D. Sheller are the attorneys for the plaintiff in error.

When this petition in error was presented to the court of appeals the bond of Mrs. Lewis was ordered reduced from $6,000 to $3,000 and she gave the required bond.  Mrs. Della Reagan also signed the bond after qualifying in the sum of $2,000 as to property holdings.  Mrs. Lewis was then released from the county jail pending the hearing of the case by the court of appeals. 

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