Murder of a Journalist: The True Story of the Death of Donald Ring Mellett

7. The Rich Man Faces a Jury

124 · murder of a journalist· 124 · 7 The Rich Man Faces a Jury W ith Pat McDermott destined to spend the rest of his life in the ohio Penitentiary,1 the state turned its attention to the man Henry Harter called the “smart aleck wolf” of the evil threesome, Ben rudner. The decision to try rudner next delayed Louis Mazer’s trial once again. This may have been a strategic error. Mazer could see the direction stark County justice was taking and might now have been induced to talk if his trial for first-degree murder was imminent. unlike hardened ex-convicts rudner and McDermott , who would never talk, Mazer was seen as less resolute; a little more serious pressure and he might break. However, Harter was prosecutor now; it was his decision who to try next, and he chose rudner. Ben rudner’s trial was scheduled to begin in early February 1927. once again, everett Mills was lead defense counsel, and this time he also tried to get a venue change based on extensive press coverage in Canton. This idea failed to gain any traction with the judge this time around too. Mills was partially successful when Judge Kirtchbaum was replaced as presiding judge, his objection being that Kirtchbaum, who had been appointed by Governor James Cox, was close to Don Mellett’s friend and attorney, former judge H. C. Pontius.2 The new judge for the rich man faces a jury · 125 rudner’s trial would be Abram W. Agler, a republican appointed to the bench in 1923. A native of Wilmot, ohio, and alumnus of Mount union College and ohio state university’s law school, Agler was elected stark County Clerk of Courts in 1908 and served until 1912. He was known as a tireless worker, busy lawyer, and award-winning orchardist. For this trial, Agler was given temporary use of Judge Diehl’s large courtroom . Perhaps at Diehl’s urging, one of Agler’s first acts was to ban photographers from the courtroom.3 Ben rudner’s day in court was scheduled to begin Monday, February 7, at 9:15 a.m. The week before, fifty-six summonses went out to potential jurors. Ben rudner liked being in the center of things, and the role of defendant in a murder trial certainly offered that opportunity . so Ben must have been a bit disappointed when only a small crowd of spectators and reporters was present when court opened that Monday morning for jury selection. it was the same drab courtroom with only two large windows to the east and two to the west to admit February’s limited color and light. A row of spectator chairs remained empty all morning, and the only female in the small crowd was Mrs. Anna rudner rubin, Ben’s sister. By noon, however, things were looking up as the crowd in the corridor had grown to McDermott proportions , and a hundred or so press and onlookers were admitted for the afternoon session before deputies closed and locked the doors. Lead defender Mills had help in the form of out-of-town hired gun George Gordon Battle, whose role on the defense team was, like Durand’s, kept a secret until just a week before the trial. The prosecution was the same, only now Henry Harter was county prosecutor and Charles McClintock was his special assistant. Never mind the reversal of titles, this was clearly McClintock’s case. Ben rudner looked younger than his thirty years. He had gained weight during his incarceration and was described as “opulent” by the press and nicknamed “Big Ben.” He appeared unworried, laughing, joking, and paying particular attention to the answers of the defense’s primary question of prospective jurors: “Do you belong to any associations whose attitude is unfavorable toward members of the Hebrew race?”4 Family patriarch Max rudner sat at the defense table with his son. Max rudner had begun as a junk dealer, but through hard work 126 · murder of a journalist had risen to prominence in Canton as a hardware merchant. in 1912 he had testified against police corruption in the firing of police chief Billy smith. He was essentially an honest man.5 unfortunately, his son had chosen another path in life. When Ben showed an early propensity for trouble, Max shipped him off to military school for a brief stint. When his son was in trouble with...