Nationwide Court Cases
A Synopsis of Evilsizers, Evilsizors and Evelsizers Appearing in American Judicial Proceedings by Ivan Charles Evilsizer, Esq 1994
EVILSIZERS In The Law
INTRODUCTION
I am an Evilsizer by birth, and a lawyer by trade. I am a
descendent of Jakob Evilsizer (Evelsheimer), who settled in
Berks Co, Pa, then Rockingham County, Virginia. My father is
Ivan Palmer Evilsizer, my mother is Helen Marie (Barnes)
Evilsizer, and my grandfather was Clarence Elmer Evilsizer. I
chose the legal profession as my career, and have been a
practicing attorney for 15 years. I
graduated from USD 1982. Naturally, I have wondered about
the Evilsizers who have participated in American judicial
proceedings. Thus lies the source of my interest, which led me
to research and write this paper.
My task would have been impossible only a few short years ago.
However, the computer age has made it possible to research vast
bodies of information in a matter of seconds. There are two
major computer database systems of legal documents in the United
States-- LEXIS and Westlaw. In 1989, I used the search term "Ev*lsiz*r"
on both systems (the "*" wildcard terms found different
spellings, such as Evelsizer and Evilsizor). I obtained the
legal citations from the computer search results, and then read
the cases at the Montana State Law Library in Helena, Montana.
This paper summarizes some of the more interesting cases.
I have arranged this paper by state. At the end of the
discussion of each case is a citation in standard legal format.
For example: "805 P.2d 1000" refers to a written court opinion
which begins on page 1000 of volume 805 of the Second Edition of
the Pacific Reporter (The Pacific Reporter is one of a number of
official regional reporters published by West Publishing
Company, which includes appellate court decisions from 15
western states, including California and Montana). Other
regional reporters include: S.W.2d (2nd edition of the
Southwestern Reporter, which includes Texas and Missouri),
N.E.2d (2nd edition of the Northeastern Reporter, which includes
Illinois), and so on. Anyone reading this who would like to read
one of the complete court opinions, may simply take the name of
the case and legal citation to their local law library.
LEXIS and Westlaw contain a vast number of legal documents. However, there are many documents from "lower courts" (trial courts) which are not included; for example, Superior Courts, Municipal Courts, Justices of the Peace, and District Courts. Basically, LEXIS and Westlaw only contain the written decisions of appellate courts, and some Federal trial courts. Nevertheless, my search discovered a surprising number of court proceedings involving Evilsizers.
A mystery which
remains unanswered is specifically how the Evilsizers in these
cases are related to me (and to other Evilsizers who read this).
I do not know how any of the individuals discussed in this paper
are specifically related to me. However, it is very likely that
they are all descendants of the original Evilsizer and an
unknown brother who settled in America after the Revolution
(Jacob, Thomas/or Nicholas) , either by blood, marriage or
adoption. I received support and assistance in preparing this
paper, from my (previous) wife, Barbara (Schubring) Evilsizer,
and from my sister, Sandra (Evilsizer) Koscak.
Ivan Charles Evilsizer Helena, Montana,
January, 1994.
In order to protect the
innocent,
please remember that a person is innocent until proven guilty.
Although you may see a news article about the mischief of our
relatives, does not mean they were found guilty of the charges.
|
ALABAMA |
On May 12, 1987 a house owned jointly by Lisa Johnson and Debra J. Stokes located at Route 1, Lot 150 on Forrester Road in Cusseta, Chambers County, Alabama caught fire and burned. Firemen from the Lee-Chambers Volunteer Fire Department and the East Alabama Fire Department responded, and controlled the fire within about 30 minutes. The house was 80% destroyed and all of its contents were lost. A student at Smiths Station High School was charged with arson in Chambers County Juvenile Court. The accused minor was only identified by his initials, "C.L.M. Jr.". Lisa Johnson was one of his teachers, but had recently dismissed him as her aide, and from her Model United Nations class, due to discipline problems. Justin Dean Evilsizer provided testimony at the trial. He was a mathematics teacher at Smiths Station High School and testified that C.L.M. Jr. was absent from his third period class on the morning of the fire. The trial judge found the young man guilty, and on June 28, 1988 the Alabama Court of Criminal Appeals affirmed (upheld) the conviction. C.L.M. Jr., 531 So.2d 699 (Ala. 1988)
|
CALIFORNIA |
Kenneth A. Evilsizor
operated a motorcycle sales business called "Cycle Center" in Santa
Clara County, California (south San Francisco Bay area) during
1962 and 1963. The California Department of Motor Vehicles
suspended his license for submitting motorcycle sales records
late. The Court of Appeal upheld the suspension.
Evilsizor v.
Dept. of Motor Vehicles, 59 Cal.Rptr. 375, 251 Cal.App.2d 216
(Ca. 1967)
San Diego
Edition of L.A. Times. 11/28/1987- San Diego Highschool Football
playoffs, Mt. Helix wide receiver,
Eddie Evilsizer9(Edward Eugene8, Richard Henry7, Jason Eugene6, Eddon Jason5,
Edon4,William Irvin3, Henry2, Jakob1)
|
ILLINOIS |
In 1937 the Illinois Supreme Court interpreted the will of
Christopher Shaffer, who died November 25, 1900 leaving 40 acres
of land in Tazewell County, Illinois (near Peoria) to Sarah Jane
Shaffer.
Mrs. Martha Evelsizer
is described in the court opinion as
one of four grandchildren of the deceased. The Complainant in
the case, Susan Levina Dell, was Martha Evelsizer's
granddaughter. Dell v. Herman, 6 N.E.2d 159 (Ill. 1937)
In 1975 the
Appellate Court of Illinois upheld the juvenile conviction of
Thomas L. Evelsizer
for the rape of Joyce Yates, based upon
events that occurred on October 8, 1973 at the General Drive In
Store in Tazewell County, Illinois. A defense of physical
impossibility was unsuccessful. In the Interest of
Thomas L.
Evelsizer, a minor, 327 N.E.2d 485 (Ill. 1975)
A number of cases mention
Brad Evilsizer,
Director of the Department of Mines and Minerals of the State of
Illinois. He apparently held this post for many years and his
name appeared in all cases involving his department. See e.g.
Newkirk v. Bigard, 485 N.E.2d 321 (Ill. 1985), Monterey Coal Co.
v. Evilsizer, 463 N.E.2d 966 (Ill. 1984), Newkirk v. Bigard, 466
N.E.2d 243 (Ill. 1984) Based on an article in the Chicago
Tribune on December 12, 1986, Brad Evilsizer was "given notice
of suspension from his $47,760 -a-year job amid charges that he
accepted gifts that represent a conflict of interest and that he
falsified travel vouchers."
Bradley Neal
Evilsizer is the son of Edward A Evilsizer and Frieta Taylor.
Edward is the s/o Henry Alvan, s/o Elliott Rains, s/o Joshua,
s/o "Ol Jakob"
In 1989, an Appellate Court of Illinois interpreted an insurance
policy in the wake of an explosion which occurred at Electronic
Plating after the delivery of hydrochloric acid by Faith Truck
Lines from K & A Steel Chemicals on July 19, 1982.
Marjorie
Evelsizer,
the brokerage agent for Clemens &
Associates of Bloomington, Illinois testified at the trial
before the Cook County (Chicago) Circuit Court. Empire Fire &
Marine Insurance Co. v. Faith Truck Lines, 533 N.E.2d 441 (Ill.
1989)
On Friday,
December 13th, police discovered the corpse of an unidentified
middle-aged white male in a hotel room in the Chicago suburb of
Palatine. According to police reports, the gentleman's hotel
room had been broken into and burglarized, and during the course
of the burglary, the man was overpowered, dragged into the hotel
room's bathroom, hanged upside-down in the shower and had his
throat cut. Police confirmed that the victim had been killed in
a manner consistent with murders committed by the so-called
"Cult of the Redeemed Apocalypse," a group of serial killers
that have been plaguing the Chicago area for some time. The
victim was eventually identified as Mr. Louis Evilsizer, the
owner the Mystic I bookstore, a specialty store which dealt
mainly in "occult tomes" and similar books. Ms. Bree Nails, the
general manager of the Mystic I, informed the police that,
according to Mr. Evilsizer, he had recently received a few death
threats and had had his home burglarized. She believed that the
threats and burglary were related to a recent manuscript that
Mr. Evilsizer had acquired which originally was going to be sold
in a private auction that evening. Mr. Evilsizer's home had been
burglarized twice, once on the night of December 7th and then
again during the day on December 12th. Both Mr. Evilsizer's
hotel room and home had been thoroughly, and the police were
unable to find the manuscript that Ms. Nails told them about.
http://home.earthlink.net/~esasmor/chicago/news9.txt
Police Beat 3/18/12
26-year-old Jaime Matthew Evilsizer of Brookside Mobile Home Park in Centralia remained in jail Sunday morning after being arrested by Wamac Police on outstanding Marion and Clinton County warrants for burglary.
|
IOWA |
Garry Lee Evilsizer
(and six other inmates of the Fort Madison, Iowa prison) were
convicted of contempt of court by the Lee County (in the extreme
southeast corner of the state), Iowa District Court on June 30,
1982, for failure to testify before the Lee County Grand Jury.
Evilsizer and the others claimed fear of reprisals if they
testified. The Iowa Court of Appeals upheld the convictions (and
six month sentences). Criswell, Misner, Goff, Evilsizer,
Wainwright, Frazer and McGhee v. Hendrickson, 344 N.W.2d 255
(Iowa 1983)
11/29/1982 Convicted of 2nd degree murder. 1989
Transfered to Oklahoma State
UPDATE-Garry
Evilsizer
by Sandra
Evilsizer Koscak
I have been
corresponding with Garry for about 5 years. He was originally
sent to prison for Burglary. He was only to serve 2-5 years.
While in prison in Iowa, he was in the "wrong place "at the
"wrong time" and was a witness to a murder that occured in the
laundry room. He refused to testify for fear of his safety, and
in doing so was found guilty of "conspiring". He was to serve 20
years additional time and was moved to Oklahoma State
penetentary for security reasons. He had asked me to find his
family roots. In doing so , I found a completely different line
of Evilsizers who immigrated to Cass Co, Indiana. Ironicly, The
immigrant was also named Jacob, b c1808 in Germany and came to
America after his son William was born in 1828. Garry's story
has a happy ending insomuch, as he fell in love with his
attorney. He was released from prison in November of 1998 and
they moved to somewhere in the orient where she continues her
practice, and we hope Garry is living "happily ever after"
"Fire Marshall Evilsizer" (presumably the same Ronald Evilsizer as above)
was referred to in an Eighth U.S. Circuit Court of Appeals
decision appealed from the United States District Court for the
Southern District of Iowa. The case involved alleged legal
malpractice in the handling of insurance claims following the
burning by arson of the Grub Steak Lounge in Hamburg, Iowa (in
the extreme southwest corner of the state) on June 16, 1975.
Morris v. Getscher, 708 F.2d 1306 (Iowa 1983)
|
KANSAS |
Valva L.J.
Evilsizor
was the executor of the estate of
Hershel Grant Evilsizor
in a case before the U.S. Tenth Circuit
Court of Appeals involving federal jurisdiction and bankruptcy
issues. Evilsizor v. Eagle-Picher Industries, 725 F.2d 97 (Kan.
1984) The Kansas town where this case arose was not mentioned in
the court opinion..
Harvey Evilsizer-9/23/1988-Kansas Court of Appeals,
Overland Park Kansas, guilty of selling cocaine.
Atchison Daily
Globe Atchison Kansas 01 January 1957
Harvey Ray Evilsizer,
17 and Raymond Waler Jr, 18 both of Kansas City,sentenced to
reformatory at Hutchinson following pleas of guilty to robbing
the Collins Liquor Store may 2
Telegraph
Herald, Dubuque, IA Aug 8, 2003
James R Evilsizer, Jr,
19, 2757 Broadway St, was arrested Wednesday on warrants for
charges of domestic assault. He is accused of assaulting
Jennifer Sheldon, 19, 2734 Jackson St on Feb 26 and Alicia
harmon, no address given, on June 24, 2002
|
MINNESOTA |
4/8/1988-
Minnesota Tax Court-
Norman E
Evilsizer and Kathleen Evilsizer
(divorced 6/17/1980), former husband Steven R Peterson
|
MISSOURI |
Thomas Evilsizer
sold a life insurance policy to Jennie
Pitassi on February 1, 1941. Ms. Pitassi died on February 11,
1941, before the written policy could be delivered to her. A
legal action by Ms. Pitassi's mother, Elizabeth Distassio,
against the insurance company was appealed to the Kansas City
Court of Appeals. Distassio v. American United Life Insurance
Co., 179 S.W.2d 610 (Mo. 1944)
"Dr. Evilsizer, a neuropsychiatrist" is referred to in a 1964
Missouri Supreme Court decision regarding an accident involving
a tractor trailer of Navajo Freight Lines based in Albuquerque,
New Mexico, and a Ford truck pulling a house trailer. The
accident occurred on May 5, 1960 on a bridge two miles south of
Cameron, Missouri on U.S. Highway 69 (north of Kansas City; this
highway is now Interstate 35). Miller v. Harner, 373 S.W.2d 941
(Mo. 1964) The Navajo truck driver was taken to Albuquerque for
medical examinations, therefore, it appears certain that this is
the
Dr. Thomas S. Evilsizer, Jr. referred to in two New Mexico cases.
See page 8
The Chillicothe
Constitution, Chillicothe Missouri, Friday, Jan 16, 1914
The Sheriff Was Indeed Very Liberal
When
Sheriff Evilsizer advanced $95 to Pay the passage to New
York of four girls of the stranded "Soul Niss" company, he
understood that the county court had authorized it and would
refund him the money. Now he knows different. The Barton County
Court says no premise was made and the sheriff is out the money.
April 9, 2003
Woman sentenced for illegal possession of firearm
KANSAS CITY , Mo. - A Kansas City woman was sentenced in federal
court today for violating a federal firearms law. This case
marks additional progress under Project Ceasefire, the
district’s ongoing anti-crime initiative.
Verna I. Evilsizer,
44, was sentenced by U.S. District
Judge Ortrie D. Smith this morning to three years and one month
in federal prison without parole.
April 9, 2003 Woman sentenced for illegal possession of firearm KANSAS CITY , Mo. - A Kansas City woman was sentenced in federal court today for violating a federal firearms law. This case marks additional progre ss under Project Ceasefire, the district's ongoing anti-crime initiative. Verna I. Evilsizer, 44, was sentenced by U.S. District Judge Ortrie D. Smith this morning to three years and one month in federal prison without parole.
OFFICE OF THE UNITED STATES ATTORNEY WESTERN DISTRICT OF MISSOURI TODD P. GRAVES Contact Don Ledford, Public Affairs ! (816) 426-4220 ! 400 East Ninth Stre et, Room 5510 ! Kansas City, MO 64106 APRIL 9, 2003
FOR IMMEDIATE RELEASE UPDATE: PROJECT CEASEFIRE WOMAN SENTENCED FOR ILLEGAL POSSESSION OF FIREARM KANSAS CITY, Mo. - Todd P. Graves, United States Attorney for the Western District of Missouri, announced that a Kansas City woman was sentenced in federal court today for violating a federal firearms law. This ca se marks additional progress under Project Ceasefire, the district's ongoing anti-crime initiative. Verna I. Evilsizer, 44, was sentenced by U.S. Di strict Judge Ortrie D. Smith this morning to three years and one month in federal prison without parol
e . On Dec. 19, 2002, Evilsizer pleaded guilty to being a felon in possession of a firearm. By pleading guilty, Evilsizer admitted that on June 13, 2 002, she was found in possession of a Harrington and Richardson 16 gauge shotgun. Under federal law, Graves explained, it is illegal for anyone convicted of a felony to be in possession of any firearm or ammunition. Evilsizer has a 1994 criminal felony conviction for being a felon in possession of a firearm and a 1989 criminal felony conviction forpossession of a controlled substance. This case was prosecuted by Assistant U.S. Attorney David M. Ketchmark. It was investigated by the Kansas City, Mo., Police Department and the Bureau of Alcohol, Tobacco and Firearms. Project Ceasefire Project Ceasefire, launched in October 1999, is a cooperative initiative by federal and local law enforcement and the Kansas City Cri me Commission that targets persons who unlawfully use or possess firearms for federal prosecution. Project Ceasefire has resulted in federal charges against 415 defendants, and convictions against 345 of those defendant s, including 322 who pleaded guilty and 23 who were convicted at trial. A total of 299 of the 345 convicted defendants have been sentenced, and 46 currently await sentencing hearings.
Monday, April 12th, 2004 - BUTLER COUNTY'S GREAT DAILY NEWSPAPER
Bank in Portersville robbed by gunman
11/02/03 - PORTERSVILLE — A lone gunman held up the Portersville office of the First National Bank of Slippery Rock Friday morning. Marti Evelsizer, a special agent in the North Pittsburgh office of the FBI, said a white male entered the bank about 11 a.m., handed a teller a note and showed a handgun. The note told the teller to put money from the drawers of all the teller windows into a black garbage bag.The teller put an undisclosed amount of money into the bag and gave it to the gunman. No one was hurt.There were a few customers in the bank at the time of the robbery. The robber fled east on Route 488 in a light blue, two-door Honda CRX that was in poor condition. For complete story, please see Sunday’s Butler Eagle or to subscribe, call (724) 282-1859.
|
MONTANA |
My own name (Ivan Charles "Chuck" Evilsizer) appears three
times, as the attorney representing clients before the Montana
Supreme Court. One was a criminal drug case involving an alleged
unconstitutional search. State v. Jensen, 704 P.2d 45 (Mt. 1985)
Another was a child custody and marital property case. In Re
Marriage of Cole, 729 P.2d 1276 (Mt. 1986). The third was an
appeal of a telecommunications regulation case from the Montana
Public Service Commission. MCI Telecommunications v. Montana
Department of Public Service Regulation, 858 P.2d 364 (Mt. 1993)
Case 2-517 Frederick vs Interbell (Mt 2003)
Possible
QWest 271 Violation
12/18/2002
Northwest Payphone vs Montana Dept of Public Service
Oct 1998
Before the
Federal Communications Commission,
Washinton, DC March 18 2002
|
NEW
MEXICO |
Dr. Thomas S. Evilsizer, Jr.
conducted medical examinations in two New Mexico cases. One was a
workman's compensation case in which Charles E. Luvaul sought
compensation for injuries allegedly sustained while he was
employed as an automobile mechanic for A. Ray Barker Motor
Company in Bernalillo County (Albuquerque), New Mexico. Luvaul
v. A. Ray Barker Motor Co., 384 P.2d 885 (N.M. 1963) In the
other case, Dr. Evilsizer testified regarding the mental
competency of Edison W. Cliett, who was charged with an armed
robbery which occurred in December of 1960 in Albuquerque. Dr.
Evilsizer examined Mr. Cliett in 1961 and 1962. State v. Cliett,
449 P.2d 89 (N.M. 1968)
|
OHIO |
A 1946 decision of the Court of Appeals of Ohio in Clark County
(Springfield) involved the conviction of Mr. Niles Young,
Sheriff of Clark County, for taking bribes to abstain from law
enforcement against a gambling operation in the Red Brick
Tavern.
Norman Evilsizer
is only mentioned as introducing William DeWitt, the Sheriff's
campaign manager, to Leonard Donahue, one of the tavern's
owners. State v. Young, 70 N.E.2d 458 (Oh. 1946)
Norman is the
son of Clement Evilsizer and Urba mae Walker
Emmett T. Evilsizor
sued B.G. Speckbaugh to recover a loan and foreclose a real estate
mortgage. The Miami County Court of Appeals held that Mr.
Evilsizor had a legal right to foreclose. Evilsizor v.
Speckbaugh, 88 N.E.2d 296 (Oh. 1949)
(Emmett is
the son of Oren W Evilsizer and Lilly Linebaugh. Oren W is the
s/o William Irvin Evilsizer, Jr., s/o William Irvin Evilsizer,
Sr., s/o Henry Evilsizer, s/o "Ol Jakob")
Clark Co, OHIO-
Doris Sue Evilsizer vs.
Larry Evilsizer- Divorce-1988
Champaign Co,
OHIO
-
11/18/1986
Daniel Evilsizer
(def), operating an illegal junkyard.
-
10/1983 Officer
Bruce Evilsizer
testifies at trial
-
1/31/1983
James Luther Evilsizer,
wife Mary, and
Charles William Evilsizer sued by nursing home
Cayahoga Co, OHIO- 12/9/1982-
Richard D Evilsizer
and
Jerry Evilsizer-Automobile Accident of 10/13/1978
It is well
established in Ohio that once a default in payment has been made
under the terms of a Contract, and once the Note has been
accelerated, the Mortgagee is entitled to Judgment. King v.
Safford, (1869) 19 Ohio St. 588; Union Central Life Insurance
Company v. Curtis, (1880) 35 Ohio St. 357; Bradfield v. Hale,
(1902) 67 Ohio St. 316; Evilsizor v. Speckhaugh (1949) 55 Ohio
L. Abs. 353; McClelland v. Bishop, (1884) 42 Ohio St. 113.
Initially it is
well established that for an assessment to be appealable, it
must represent the tax commissioner’s final determination
thereof. Michelin Tire Corp. v. Kosydar (1974), 38 Ohio St.2d
254, 255; Evilsizor v. Tracy (1995), St.3d 297, 299
|
Internet sting
leads to arrest
Sidney man
charged with pandering obscenity
|
Bond was set
at $5,000 for a Sidney man
accused of downloading and
transmitting video child
pornography, some involving
girls as young as two years old.
His act fell victim to an
Internet sex sting operation in
Illinois.
Edward E. Evilsizor, 35, 236 Jefferson St. Apt. 7, is
charged with one count of
pandering obscenity involving a
minor, a second-degree felony.
He pleaded not guilty to the
charge in Shelby County Common
Pleas Court Friday. At 10:29
a.m., Feb. 8, the unemployed
Evilsizor was arrested at his
residence after Sidney Police
confiscated computer equipment,
videos and printed material
depicting child pornography. At
the arrest, his wife and
3-year-old daughter, were placed
under the care of Shelby County
Children's Services, according
to investigative reports filed
with court records.On Jan. 9,
Evilsizor allegedly uploaded two
video computer files to Wheaton
(Ill.) Police Officer Andrew
Uhlir, who was working in the
department's effort to catch sex
offenders through the Internet
sting. The investigation led to
Evilsizor's computer. According
to Uhlir, one video involved an
adult male in sexual conduct
with what appeared to be a
2-year-old girl; the second
involved a girl that appeared to
be 13 years old. Uhlir contacted
Sidney Det. Jack Baker that
Evilsizor had placed the videos
through a program called
Peer-to-Peer, a file sharing
program named LimeWire. The
programs are closely monitored
by law enforcement departments,
Uhlir reported. In Baker's
report, Evilsizor allegedly
confessed to transmitting the
material as officers searched
his home. When asking for
leniency on bond, Public
Defender William Zimmerman Sr.
said the 5 foot 5 inch,
110-pound, Evilsizor is
receiving Social Security Income
benefits that provides for his
family. Judge James Stevenson
ruled that Evilsizor, who has
previous convictions for
burglary and for breaking and
entering, remain incarcerated at
the Shelby County Jail.
(Parentage unknown, is said to
possibly be the grandson of
Clyde Wm Evilsizor, Jr) |
|
OKLAHOMA |
In 1981,
Buck Evilsizer
was a
supervisor at Tulsa Dynaspan, Incorporated. Paul Hicks, an
employee, was cutting a steel strand out of concrete on October
6, 1981 when steel fragments flew into his eye. Buck Evilsizer
fired him on October 15, 1981. Hicks sued, claiming that he was
fired in retaliation for filing a workers compensation claim.
The court decision was issued by the Oklahoma Court of Appeals,
after being appealed from the Tulsa County District Court. Hicks
v. Tulsa Dynaspan, Inc., 695 P.2d 17 (Ok. 1985)
|
TEXAS |
In April of 1970,
Richard Evilsizer
was driving a dump truck on a public street when the car in which
John A. Mercado was riding backed out of a private driveway and
collided with the truck. Mercado obtained a judgment of $4000
against Evilsizer for his injuries in November of 1973. The
Texas 200th Judicial District Court in Travis County (Austin)
heard the case, and the judgment against Evilsizer's insurance
company, First National Indemnity Co., was upheld on appeal.
First National Indemnity Co. v. Mercado, 511 S.W.2d 354 (Tx.
1974)
On November 15, 1967
Charles Bartling Evilsizer
shot and killed his estranged wife's aunt with a .25 caliber
pistol in the front yard of his wife's residence in Dallas,
Texas. He stated "This will shut you up, damn you." as he shot
her in the head. On January 29, 1969, he was found guilty of
murder by a jury in the Criminal District Court No. 3, Dallas
County, Judge James B. Zimmerman presiding. At the trial, the
defendant relied upon a defense of temporary insanity: a
psychiatrist testified that he suffered from "Korsakov's
syndrome" on the day of the murder, and did not know the
difference between right and wrong. He had also received a blow
to the head during World War II, was hit on the head with a pipe
in 1966, and had a drinking problem since 1946. He testified
that on the day of the killing he borrowed a pistol to go deer
hunting, and consumed eight beers, two highballs, and "quite a
bit" of a fifth of bourbon. The Court of Criminal Appeals of
Texas upheld his conviction and life sentence on November 1,
1972. Evilsizer v. State, 487 S.W.2d 113 (1972) He was
imprisoned at the Huntsville State Penitentiary (north of
Houston), and was paroled in 1983. However, in August, 1993 a
warrant was issued for failure to maintain contact with his
parole officer.
UPDATE, Charles
Bartling
by Sandra
Evilsizer Koscak
I contacted the
Huntsville Prison and was given Charles' forwarding address. I
wrote 2 letters before I received a response. I was finally
contacted by his son, Douglas C Evilsizer who gave me info on
his family. I had been unsuccessful in finding his link to the
family. He provided me with additional info to help in the
search. I searched for 4 years, until last year, I found his
gravesite in Chapel Hill, ILL and together with his SS Cert and
tombstone info, I was able to connect him to our family. He was
s/o Henry Edward Bartling Evilsizer, s/o Charles Joshua
Evilsizer, s/o Jefferson T, s/o Joshua.
Monday, Oct 11, 2010
Police matters-Charged Derrick N Evilsizer, 23, of Raymondville,
with DWI and careless and imprudent driving on Oct 2.
|
WEST
VIRGINIA |
Charleston
Daily Mail, Charleston West Virginia Thursday Evening Oct 3,
1931
Chauncery
orders were entered in the following circuit court cases-
E L Needef vs
J H Evilsizer
et all, sale ordered.
Charleston
Daily Mail, Charleston West Virginia Thursday Evening Feb 1 1934
The jury hearing the case of
Herman Evilsizer charged with issuing a worthless check was unable to agree and was
discharged. The defendant was released on $1,000 bond
Charleston
Daily Mail, Charleston, WV Wednesday Evening, Feb 16, 1940
Firm Sues For Work Done on Spencer Home
The Federal Home Improvement company of Charleston went into
Circuit court Friday to collect $650 which it asserted was due
for covering with Inselbric the home of
W H and Maud
Evilsizer in Roane County near Spencer. Mr and
Mrs Evilsizer, answering the $1000 trespass action, contended
that the imitationbrick covering was not properly applied. Trial
of the case was expected to last throughout the day.
Charleston
Daily Mail, Charleston, WV Wednesday Evening, Feb 19, 1940
Man Draws
Ten-Day Jail Term For Giving False Testimony
For testifying falsly in a circuit court trial, Byron Reinhart,
Charleston carpenter, was summarily sentenced to 10 days in the
county jail Monday by Circuit Judge Julian F Bouchelle, who
decalred "I cannot permit an incident like this to pass without
punishment." Reinhart, former employee of the Federal Home
Improvement company was a witness for that company in its $1,000
suit against
Mr and Mrs W H Evilsizer
of near Spencer. The company sought payment for placing an
artificial brick covering on the home of Mr and Mrs Evilsizer;
who countered with the charge that the work had been improperly
done. Reinhart testified that he had nailed lath to the sides of
the house before applying the Inselbrick covering and insisted
the court had named Contractor C J Kuhn to investigate. Mr Kuhn
testified Monday that he had removed 14 panels of the covering
from the home and found only a few laths placed. With that
revelation Monday morning, the plaintiff took a non-suit in the
civil action. Strongly censuring Reinhart, Judge Bouchelle told
him: "Not only died you give me your oral testimony that you
used laths on the house, but you emphasized it by pointing to an
exhibit which was brought into the courtroom...You not only have
betrayed the interest of your employer X X but you have also
taken his money for your wages for work which you did not do.
You have been dishonest to the people on whose home you were
working. Now that dishonesty has been aggrevated by your coming
into a court of justice and testifying falsely to material facts
when you were bound to have known you were so testifying."
Pointing out that the witness had stuck to his false story, even
when he had an opportunity to correct his testimony, Judge
Bouchelle continued: "In order that courts may function properly
and that litigants may have a fair trial upon sworn testimony
and upon truth given in a court of justice---and you were sworn
to tell the truth-- it becomes the duty of the judge in such
cases to do what he thinks is right and proper, under the
circumstances....I therefore find that you have been guilty of
misbehaving in the presence of the court, and you have been
guilty by reason of your false testimony of obstructing and
interrupting the administration of Justice, and I will impose
upon you a fine of 10 days in the Kanawha county jail, that
being the maximum which I can give you without a trial by jury."
Charleston
Daily Mail, Charleston, WV Wednesday Evening, July 7, 1943
Defendants Win Suit In Common Pleas Court
A Common pleas court jury Tuesday returned a verdict for the
defendants in a $630 suit of the Federal Home Improvement
Company against
W H and Maud Evilsizer of Etowah. The plaintiff claimed the
amount due on a contract to cover a dwelling owned by the
defendants with inselbric(sic). The defendants claimed the job
was done improperly.
Johanns "Jacob" Evilsizer, Jr2(Jakob1)
CABELL CO.WV
Cabell Co Minute Book E-3 (magistrate court)
page 50, 26 Jun 1827. Jacob Evalsizer on jury for Jas Shelton vs
Wm.
Jenkins. Judgement for costs
page 68, 24 sep 1827
Solomon Thornburg Justice pd court $1.67 pd him by Jacob
Evalsizer for
Sabbath breaking.
page 73, 22 Oct 1827
William Mailes (ordered to apear) & Jacob Evalsizer (his
security)
Mailes ordered commited to jail on order to keep peace with
Arthur Floyd
& family.
page 97, 25 Mar 1828
Jacob Evalsizer on jury, comm vs Lewis Russell, assault and
battery.
page 121, 25 Aug 1828
Indictment, Jacob Evalsizer assault and battery
page 140, 24 Nov 1828
Comm vs Jacob Evalsizer
page 158, 23 Mar 1829
Comm vs Jacob Evalsizer, assault and battery (outcome not shown}
Jacob put up household goods as security for a note in Dec of
1829
Possibly to pay his fine.
