Transcriptions

Here are the transcriptions of the court documents from the previous post - thanks to my husband who typed as I worked my way through the documents:

Page 1


November 12, 1912

The grand jury of Johnson into ? and made a partial report, and on being called answered us follows to witness. J.L. Franklin, H.H Litteral, Will Lemaster, Lenard Daniel, G. G Price, M.L Ford M. L. Price, Will Preston, Lee Vanhoose, David Johnson, Jus ? and Tom Salmons, thereupon the foreman in open court, and in presence of whole grand jury, reported and delivered to the court the following indictments against the following named defendants, for the crimes or offenses set opposite there respective names as follows to witness.

Commonwealth of KY versus Osric Picklesimer, willful murder.


Page 2

November 18, 1912

Commonwealth versus Osric Picklesimer willful murder

Defendant herein having enter motion for bail herein, and by agreement of attorney for the commonwealth and defendants attorneys, defendant is admitted to bail in the sum of ten thousand dollars ($10,000)

Ordered that court and grand jury be adg until tomorrow morning 9 o’clock November 19 1912

A. J. Kirk Judge

Page 3

March 6, 1913

Commonwealth of KY versus Osric Picklesimer murder.

This cause being called the commonwealth answered no ready. Ordered that this cause be set for trial on the ninth day of present term and the following witnesses were recognized as witnesses for commonwealth in the sum of $200 cash as follows to witness. Dr. LB Jones, Mase Tackett, Andrew Brown, Christina Brown, Jas Trimble, U.S ? , Blain Kimble, Docky Jones, Brownlow Jones, Henry Brown, Harlan Salyer,

Page 4

Lee Osborn, Sam Stambo, the following witnesses were recognized for defense , -Levina Psimer, Olka Psimer, Jno L Caudill, Callie Psimer, Cassie Psimer, PJ Williams, Leek Stambo, Lawrence Stambo, Jno Lemaster, Levi Lemaster, JB Salyer, Columbus Salyer, Albert Kimble, JM Estep, Jno Sublett, GV Daniel, Manuel Salyer.

Page 5

March 1913

Commonwealth versus Osric Picklesimer

On the call of this case for trial on today the commonwealth’s attorney announced ready for trial and thereupon the defendant by attorneys objects to a trial of this cause at the present term on account of the uncertainty of the time this term should be held and the court being advised and it appearing that the court was in doubt at the last regular term of this court as to the proper time to hold this term of court and being in doubt at that time as to the constitutionality of the act of the legislature of KY. of 1912 fixing the time for holding court in Johnson County and believing and holding same to be void for un-

Page 6

Certainty as to the time at which the Johnson circuit court could be held was there and is now of the opinion that said act should be disregarded and the court should be held under the former acts of the legislature fixing the time for holding court in the 24th judicial district of which Johnson was and still is a part, beginning at Pikeville, Pike County KY. the first Monday in February and county four weeks, to begin at Painstville Johnson County KY. on the Monday succeeding the termination of the Pike circuit court, which under said act the present term of court in Johnson County should have and did convene on the 1st Monday in March 1913 and is now in session. And this situation appearing to the court and judge thereof at its last regular term by order dully entered on the order book of the Johnson circuit court called a special term of court to begin on the 1st Monday in March 1913 and continue four weeks for the trial of this and other causes enumerated in said order which order was made for the purpose of removing any and all doubt as to the time said court

Page 7

Should begin into legalize same (clerk will copy said order) as a part of this which is now made a part of this and the court being of the opinion that the court is being legally held and that the objection is not well taken over rules defendants motion, and objections to which defendant exepts.

Commonwealth versus Osric Picklesimer

On the call of this case the commonwealth announced ready, and thereupon the defendant announced no ready and moved the court to continue this cause on account of absent witnesses and produce and filed his affidavit in support of said motion and it appearing to satisfaction of the court that the defendant has not

Page 8

Used diligence to have said witnesses sub. to be present, not having sued out a sub. for them until after this case was called for trial on a former day of this term, his motion for a continuance is therefore overruled to which defendant excepts.

In the meantime, such process of the court as defendant may request will be issued by the court to procure the presence of said witnesses, if defendant desires process for them and the trial is ordered to proceed, to which defendant excepts.

Page 9

March 12 1913

Commonwealth of KY versus Osric Picklesimer Murder

Thereupon the enpaneling of the jury began EJ Harris, Ross Will. Cot, Rhodes Murry, Kelly Spears, Chaley Gullett, Ad Salyer, was accepted by both parties and the regular panel be exhausted and failing to completed. The jury sheriff is ordered and directed to sum a jury.and adjurn 9 o’clock tomorrow. Thereupon the court admons the jury and swor the deputy

Page 10

Sheriff’s HM Rice, JB Salyer, to keep said jurors to-gether.

Ordered that court be adjourned till 9- oclock tomorrow morning-

A. J. Kirk Judge

Page 11

March 1913

Commonwealth of KY verus Osric Picklesimer Murder

The jury herein being completed. Thereupon the defendant waived a formal arrangement entered plea of not guilty. The following accepted and sworned to try the issue to witness EJ Harris, Ross Wilcox, Rhodes Murry, Kelly Spears, Chaley Gullett, Ad Salyer, JP Burton, Melvin Dulton, Hiram Butcher, Tom Phelps, Proctor Webb, Walter Setzer, HS Howes stated the case for commonwealth and Mr Youg stated the defense for defendant and the taking of testimony begun and not having time to complete the court admonished the jury and placed them in custody of deputy sheriff HM Rice who had been sworn to keep them


Page 12

Together and adjourned to 8-30 O’clock tomorrow morning. Defendant being present was placed in jail.

Commonwealth of KY versus Osric Picklesimer

Ordered that Eula Conley. Official stenographer of this court be and she is appointed to take notes of evidence in this case and report the same in writing to this court.

Ordered that court be adjourned till 8-30 O’clock tomorrow morning.

A. J. Kirk Judge

Page 13

Commonwealth of KY versus Osric Picklesimer Murder

The jury herein came into court at 8-30 a.m in custody of sheriff. Defendant being present the taking of testimony continued and not being able to complete the evidence the court admonished the jury and placed them in custody of Sheriff Henry Ward who had been sworn as the law directs and adjourned until 8- O’clock tomorrow morning.

Page 14

March 20, 1913

Commonwealth of KY verus Oscric Picklesimer M.M

This case being called for trial commonwealth announced ready for trial and the defendant answered not ready and filed his affidavit for continuance the court being advised over rules the motion defendant objects and excepts. Adjourned court until 9 O’clock a.m. to give defendant time to consult with his attorney and prepare his defense and process for all his witnesses.

Commonwealth of KY versus Osric Picklesimer C.C. D.W

This case being called for trial commonwealth answered ready. Defense announced not ready. The court upon consideration over rules, defendant objects and excepts motion for continuance and adjourns court till 9 O’clock a.m. tomorrow to give defendant time to prepare his defense.

Page 15

March 21, 1913

Commonwealth of KY versus Osric Picklesimer M.M.

This case being called for trial came the following jury who were accepted and sworn to try the issue to witness, Alex Gullett, Jas Rose, John Daniel, Theo Walker, Fred Baldwin, Clell Preston, Turner Spradlin, Dudly Richie, John Welch, Jno Calvin, Low Wells, ? Conley.

After hearing all the evidence and instructions of the court returned into court the following verdict “We the jury agree and find defendant guilty and fit his fine at $25.00.” B Wells one of the jury.

It is therefore adjourned by the court that the commonwealth of KY recover of defendant Osric Picklesimer the sum of $25.00 and all cost.

Page 16

Commonwealth KY versus Osric Picklesimer C.C DW

The law and facts being submitted to the court, judgment is entered against defendant for $30.00 thirty dollars, ten days in jail. It is therefore adjourned that the commonwealth of KY the sum of $30.00 and that defendant be confined in county jail for 10 days, together with all costs. Defendant being in custody was placed in jail.

Update: Osric Picklesimer Trial

Grandpa asked me to do additional digging in the murder case of his great grandfather Nathaniel Picklesimer.

I requested the archives from the Johnson County clerk and received a total of 16 scanned pages from the county's court order book. Testimony and evidence has been requested from the archives in Frankfort, Kentucky.

Transcriptions to come soon!

Wilma Myrtle Weber's Grave

Last night, Jordan, Lily and I visited my great-Aunt Wilma's grave in St. Joseph's cemetery located about 15 minutes south of Columbus. This is Grandma's sister that died at age 22 when she delivered pre-maturely.

It is a beautiful tombstone, a light pink with black specks set in a granite stone. Here it is shown; WILMA W. Even though her middle initial is M, I am assuming they put the initial of her maiden name, Wallen.

Interestingly enough, she is buried next to her huband of 18 months - Richard Lee Weber. He died 32 years later! With this discovery, I have many questions:

Did he re-marry?

Does he have any children?

What about the alleged claim that he got another pregnant when Wilma was pregnant?

Who paid for this beautiful stone?

What about the flag - did he serve in the military?

Lily and I paid our respects and felt a little closer to Grandma's sister. Who else has visisted this site, anyone?

Church and Country Store

This is the church that Grandpa's paternal grandmother attended. This church was founded in 1886 and is called Cannon Baptist Church. Grandpa says that the entrance and steps were added onto the building and does not recall them as a child. He said he would go there with Granny Picklesimer and his cousins.

 He remembers as a teenager, attending 'retreats' where a bunch of youth would gather here and hang out and try to be taught things concerning the Bible. Grandpa said he would go only because he would get bored with nothing to do in the hollows!

This store above, was owned by Grandpa's great uncle. The side was orignally apart of the store and not a garage. Presently, this is an abandoned shop off the side of the road.

Flat Gap High School

This is currently the elementary school for the children of the Flat Gap area in Kentucky. However, when it was originally built in 1944 it was the high school for grades 8-12. Grandpa went to school here and has very fond memories of his time spent in high school. 

All of of Grandpa's siblings, including himself, graduated from high school which was quite a feat for the time and the geographical region. Grandpa graduated in 1948 and was quite the basketball player. He has many stories about him and his coach who would call him 'Big Pickle'. Those stories, however, are for another post.

Grandpa commented that it was a wonder why his parents pushed him and his siblings to finish school when all that was available in the means of a career was farming, which was quickly dying and coal mining. Both, did not require a high school in any shape. He is thankful for his high school degree that prepared him for his vocational studies in mechanics later in life.

He remembers that when in school they would spend 2 hours a day in agriculture class. He commented what a waste he thought that was! Why would he need to learn things that his parents and himself performed on a daily basis (Growing corn, tending to livestock, etc.). Either way, it taught him discipline.

This school was a huge asset to this rural Flat Gap community. This school provided the students with such luxuries as running water, indoor bathrooms that were plumbed, water fountains and electricity! Grandpa mentioned that in the prior building there would be a big bucket in the school room filled with well water. Each student would have there metal cup on a peg on the wall above the bucket. That is how they would take a drink during the day!

I love this picture below, Grandpa, myself and Lily

Right next to the school, is a large field pictured below. It's tobacco, right next to an elementary school! Grandpa said that house and the barns were there when he went to schoool there.

Coal Mining

The above picture is the creek that runs through the hollows that was the original means on transportation throughout the hollows. It was also the main path of hauling coal from within the hills to the town. Grandpa was a coal miner, as with his brothers and his father, Oakley Picklesimer. Grandpa said coal become in demand around WW II when Kentucky let out it's prized secret: it held coal in it's rolling hills and a lot of it.

Grandpa explained that his family worked for small coal mining companies where they would get paid by what they mined. They would mine all through out the hills in little caves, only going about 500-600 feet into the hill. He recalls that, at that time, coal mining did not seem dangerous to him. Sure it was labor intensive, but it was cool in the summer and warm in the winter inside the caves. It was never really discussed the extreme danger associated with mining.

He told the story of a man they were working with one day in a mine shaft. They were using a machine to mine the coal, a huge piece on the side of the cave. When this man was using a lever to pry the coal off, the piece fell off and onto him. He died. They saw a man die from a huge piece of coal!

In the picture below, this is a mine shaft right off the side of the road! As we were driving through the hollow, Grandpa would point right before the shaft and say 'We used to mine at this shaft right here...'. I would think, riiiiight (sarcastically) but after driving a little more, there it would be - the mine shaft! Yes, many of the shafts are covered with vegetation but we found this little gem below.

Nathaniel Lindsey Picklesimer

Nathaniel Lindsey Picklesimer is Grandpa's paternal grandfather. The image above is his original death certificate from September 7th, 1912.

The store goes a little something like this.. (I'll have to go through court documents to confirm or deny!)

Grandpa's father Oakley had 8 siblings. One of his older siblings was Osric (Ossie) Picklesimer. At the age of 27, Osric shot their father with a shot gun in the face and neck when his father was 47 years old. Now here is where the here-say comes into play. Supposedly, Nathaniel was cheating on their mother, Leva Ann LeMaster-Picklesimer and was no longer in love with her. He wanted a divorce and she did not.

So, one evening as Nathaniel is coming over the hill, Osric grabs a shot gun and shoots him. In the face and kills him. Osric was jailed, put on trial in Johnson county circuit court and then the grand jury anf finally released as not guilty due to self defense (if that even makes sense...).

After this event, not sure how long later, but Osric leaves Paintsville, Kentucky and moves over seas to the Phillipines to be a 'teacher'. I haven't been able to verify that he was a teacher but a census record from 1918 confirms that Osric Picklesimer lived in the 5th district in the Phillipines as a 'special agent'. Osric, according to record and word of mouth, never married and died in 1921 at the young age of 36.

Here are the scanned pages from the Phillipine census:

As a side note, Grandpa's older brother Kermit served in the Phillipines and would write back to their mother, Mallie Hitchcock-Picklesimer. At the time, Kermit could not tell his mother where he was serving for security purposes. However, in the letters that Mamaw would keep in her apron, Kermit wrote 'I hope to visit uncle Ossie's grave' as a clue to let her know where he was.

What great stories!