Dateline Dayton – Pauline and I had an unusual experience last Saturday night, at an event sponsored by Dayton History, the organization I wrote about last week. The program at the Old Court House, in downtown Dayton, was called “Innocent or Guilty.”

Pauline suggested that it might be interesting evening, and I agreed. I also wanted to see if the plaque still was on display from when the Court House was rededicated after an extensive remodel under the leadership of the Montgomery County Historical Society. The plaque survived, even though the historical society has not.

For the second summer, Dayton History is recreating a murder trial from the city’s history. The audience, acting as spectators, grappled with the horror of a Civil War solider, Henry Mulharen, being murdered by a blunt instrument and left to die on a Dayton street corner. Spectators were encouraged to react with shock at hearing violent threats, laugh at the antics of an ill-famed woman and murmur after the testimony of a hostile witness.

Twelve members of the audience were selected to represent the jury, and their decision determined the outcome of the case. Jury selection was done by the judge who asked the audience to stand, and he posed questions for them. Those who gave positive answers were directed to sit down. One hundred people were in the audience, and after a few questions, only 24 were left standing. Since I never had been drunk nor visited a brothel, I was left standing and became one of the jurors.

The trial started with the prosecution calling Officer T. Williams, their first witness in the case against Harry Adams, a shoemaker accused of killing Mr. Mulharen. Officer Williams did not witness the crime but did see the accused running from the scene. The officer was able to catch up with Harry at the home of a doctor, where he had gone for help. Later that evening, Mr. Adams was arrested for the crime.

My Crime Time Is Past

The next witness for the prosecution was an Emmon Woodward. He testified that Adams told him Mulharen had fifty dollars on him and that they should rob him. Due to his past run-ins with the law, Emmon said he wanted no part in the robbery. The defense lawyer was able to establish that Mr. Woodward did have an axe to grind with the defendant and that Mulharen did have thirty-one dollars in his possession, as found by the police.

A third witness just added more confusion. The prosecution rested.

William Hayes, a store clerk, the first witness for the defense, testified that Mulharen purchased some shirts, allowing Adams’s attorney to establish that he could not have had fifty dollars at the time of his death. Thus, he was not robbed.

James Dumas, owner of the bar where Adams and Mulharen were drinking. The murder took place out back. Dumas testified that indeed the two were in his bar drinking and that Henry Mulharen was buying.

Next was Jennie Smith, who worked in Lou Huffman’s brothel. For a reason never clarified, she was in jail. Adams had accused her of the killing, but she might have been held on other charges. She testified that Mr. Mulharen paid her for services that evening.

Huffman, the next witness, was living in Indianapolis. She said Jennie Smith did work for her in Dayton.

The last witness was James Grime, Harry’s employer. Adams could be violent when drunk, he said. Didn’t help the defenses case, but it appeared his lawyer was now going for insanity, due to alcohol.

After closing arguments, we were given the case. With the limited time for deliberation, the majority felt the prosecution did not prove the case beyond a reasonable doubt. On the first ballot it was seven for not guilty (I was one), five for guilty. After more discussion, it became eight to four with little time left. Finally, it was nine to three. A unanimous verdict was not necessary.

In the real tried 145 years ago, Mr. Adams was found guilty of first degree murder on the third ballot. The juror I was representing voted for murder in the first degree, on the first ballot.

On June 16, 1877, Mr. Adams went to the gallows, hanged at 12:53.

Mr. Hennessey may be contacted at pmhenn@sbcglobal.net