Allegations Of Arsenic Ice Cream

The Father Stood Trial

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Episode 359 details one of the most chaotic cases I’ve yet to come across. The investigation left a lot of unanswered questions and the prosecution seems motivated by political pressure and retaliation rather than evidence. Was the youngster murdered by his father or one of his playmates? Let me know what you think.

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Episode Transcript

Speaker 1 (00:00):
Paul Buler got Calm, Grand Rapids, Michigan, September nineteenth, nineteen
thirty three.

Speaker 2 (00:14):
Corner H. C. Wolfe and police detectives yesterday started an
investigation into the death of thirteen year old Gerald van Gilder,
son of mister and Missus William van Gilder, two oh
five Hall Street, Southwest, who died four o'clock Monday morning.
The boy became ill Sunday evening and may have died

(00:36):
of towmain poisoning, although police were investigating a report that
two boyfriends now in juvenile home had given him liquor
to drink which may have contained poison. The lad together
with other boys of the neighborhood, went to the airfare
on Sunday, but returned home in the afternoon, and Van

(00:57):
Gilder accompanied two boys to a garage where they dissembled
a bicycle said by police to have been stolen. The
two boys in juvenile home because of the stolen bicycle
told police that Van Gilder became ill while with them
and went home. They denied they had seen him eat

(01:17):
or drink anything. The parents told coroner wolf that they
called the city physician's office at eleven pm Sunday and
asked for a doctor. They said they called again at
eleven thirty and at midnight, and several other times before
the boy died, but that a city doctor did not
arrive until after the boy had died. On each call

(01:41):
after the first, they were told that a doctor was
on the way, they said. Doctor Paul W. Kiniskern, City Physician,
reported last night that an investigation in his office revealed
the information that no call for a physician was received
from the Van Gilder residence until about four am, and

(02:03):
that a doctor was sent on the call within a
half an hour. Doctor Kinniskern said that he was informed
that an ambulance was dispatched also within a half hour,
and that the boy died in the ambulance en route
to the hospital. Sergeant Ray McBride of the third Police
Precinct station said last night he did not recall exactly

(02:26):
what time the first call was made for a doctor
at the Van Gilder residence, but said he believed it
was about three o'clock, although it might have been a
half hour earlier or a half hour later. Sergeant McBride
said he personally placed one call to the City Physician's
office and was informed a doctor is on the way.

(02:47):
At least three calls were made, the police sergeant said
before an ambulance was called about four o'clock. The ambulance crew,
Sergeant McBride said he understood reported that the child child
was dead on their arrival. Coroner Wolfe said he had
not completed his investigation either as to the time the

(03:08):
calls were placed or as to the cause of death.
Tests are being made at the Blodgett Memorial Hospital laboratory
to determine the cause of death. A post mortem, doctor
Wolfe said, revealed a disorder of the finest glands and
an enlarged spleen and liver. Besides the parents, the boy

(03:30):
leaves two sisters and three brothers. Crime Historian presents Unsolved,

(04:04):
a special edition of Yesterday's News exploring one of history's
most baffling murder mysteries. Episode three hundred and sixty details
one of the most chaotic cases I've yet to come across.
The investigation left a lot of unanswered questions, and the
prosecution seems motivated by political pressure and retaliation rather than evidence.

(04:28):
Was this youngster murdered by his father or one of
his playmates? I'm of mixed opinion. Let me know what
you think. I'm true crime historian Richard O. Jones, and
for your puzzlement and indignation, I give you allegations of
arsenic ice cream. The father stood trial September twenty first,

(04:57):
nineteen thirty three. Mystery surrounding the death early Monday morning
of thirteen year old Gerald van Gilder deepened yesterday with
the report that traces of the arsenic had be found
in the intestinal track of the lad, which was examined
yesterday following a post mortem by Coroner Wolf on Monday afternoon.

(05:20):
Authorities last night were reticent to discuss the case. They
said they awaited results of further tests before giving an
opinion upon the probable amount of the poison present. The
lad died shortly after four o'clock Monday morning, following an
illness which became apparent on Sunday afternoon with some other boys.

(05:43):
Young Van Gilder had gone to the airport for the
air show Sunday afternoon, but returned early with two of them,
and they started to take a part a bicycle. While
so engaged, he became ill. The boy's father told Coroner
Wolf that he they made several unsuccessful attempts to get
a physician from the city Physician's office, and that when

(06:06):
a police ambulance arrived at four fifty five am on
Monday to take the lad to the hospital, he was dead.
Acting at the request of Coroner wolf Inspector Frank O'Malley,
chief of detectives, yesterday assigned two detectives to the case
as they started their investigation at once. The officers started

(06:28):
a check up to determine, if possible, how the lad
got the arsenic. Because of the funeral services yesterday, the
family was not disturbed, but will be asked to assist
in the investigation. The two lads with whom the youngster
was in company on Sunday afternoon were questioned further by

(06:48):
Inspector O'Malley yesterday. When they were first questioned on Monday afternoon,
when Coroner Wolfe reported to Inspector O'Malley that he had
received a report that the boy had been given several
drinks of liquor, the boys denied that they had given
the Van Glider boy anything to drink or eat. Yesterday,

(07:10):
O'Malley questioned them again concerning the illness which overtook the
boy while he was in their company. One of them
said Van Glider told him, when questioned about the probable
cause of his illness, that he had taken some medicine,
and he gathered from that the lad blamed the medicine
for his nausea. It was understood yesterday that the detectives

(07:31):
would visit the city physician's office this morning in an
effort to determine whether or not any medicine given to
the family of late contained arsenic September twenty eighth, nineteen
thirty three, William van Gilder, forty one, former police officer,

(07:54):
was taken into custody yesterday afternoon for questioning into the
death of his son, Gerald, thirteen, who died at the
family residence the morning of September eighteenth from arsenic poisoning.
According to pathologists, Van Gilder was questioned during the afternoon
and again last night, but did not throw any light

(08:16):
on how the boy might have got the poison. The
questioning lasted until early this morning, but throughout it van
Gilder disclaimed any theory as to how the youth got
the poison. Van Gilder persisted in his claim that he
made several futile attempts to summon a city physician to
care for the boy throughout the evening of September seventeenth

(08:39):
and morning of September eighteenth, in spite of office records
at City Hall showing the first call for aid was
received at four a m. About the time the youth died.
Officials said they would resume their inquiry today. Van Gilder
was arrested after police received the detail ailed report of

(09:01):
doctor William M. Jerman, pathologist at Blodget Hospital, which disclosed
that there was enough arsenic in the youth's intestinal tract
to kill two men, and there seemed to be no
doubt but that the boy died of arsenic poisoning. Doctor
Jerman said arsenic usually acts within thirty minutes, but that

(09:22):
a large amount causes extreme nausea, which may have thrown
off part of the dose. The boy became violently ill
the evening of September seventeenth and died early the morning
of September eighteenth. The father said he called for a
city physician through the third Ward police station before midnight,

(09:44):
but Sergeant Ray McBride, who came on duty at eleven pm,
said he believed the call came about four am Monday.
Another officer in the Hall Street station until three am
said no call was made while he was there. Records
at the City the Physician's office showed the call was
received at four a m. And that in all three

(10:06):
calls were made at brief intervals. The father said at
least six calls were made and complained the day of
the boy's death that the physician had been dilatory. In
responding coroner Harmon C. Wolfe said the date for an
inquest will be set after prosecuting attorney bartle J Jockman

(10:27):
returns from a vacation on Monday. Van Yolder was a
member of the Grand Rapids Police Force from March nineteen
twenty seven to January ninth, nineteen twenty eight. According to
his record card in the police department files, he was
dismissed from service, but present police executives said that they

(10:49):
had been under the impression that he resigned. He was
born in Shipsiwana, Indiana, June eighteenth, eighteen ninety two. His
occupation prior to joining the police force was given as laborer.
September twenty ninth, nineteen thirty three, police last night decided

(11:15):
to hold William van Gilder, former Grand Rapids and Muskegan policeman,
in a solid headquarters until Monday, when the evidence that
they have collected will be presented to Prosecutor Jockman, now
out of the city. The boy's mother was questioned yesterday
for the first time by police. Her story regarding the

(11:37):
boy's death was about the same as that of her husband.
Mister van Gilder insists he has no idea how his
son obtained the poison and remains ready to answer all
questions asked him. He apparently has been unperturbed by this
series of questionings until the prosecutor returns. Inspector O'Malley proposed

(11:59):
to question others, including relatives of the Van Gilders. Mister
van Gelder, it became known yesterday, was employed much of
the summer on a farm near Rockford. October fourth, nineteen
thirty three. Prosecutor Jockman last night, after hearing a verdict

(12:23):
of the coroner's jury that Gerald van Gilder, thirteen died
from arsenic poisoning, was undecided as to his future course.
The prosecutor said he would consider the testimony this morning
again and decide whether or not he would ask for
a warrant charging anyone with the boy's death. William Van Gilder,

(12:44):
forty one, former policeman and the father of the boy,
has been held for several days by police during investigation
of the boy's death. He testified yesterday at the coroner's inquest.
Last evening, the prosecutor said, quote, I'm going over the
evidence of the inquest tomorrow morning and confer with Inspector

(13:06):
O'Malley and Detectives Taylor and Smith before determining what I
shall do in regard to placing responsibility for the boy's death. Unquote.
The coroner's jury met at nine o'clock yesterday morning, heard
fifteen witnesses, and came in with its report shortly before
four o'clock. Prosecutor Johnkman questioned the witnesses for the state,

(13:30):
while Attorney John A. DeJong represented Van Gilder. While numerous
witnesses were called, Van Gilder himself was on the witness
stand about two hours. He related events preceding the death.
He explained to the jury that he froze some ice
cream late in the afternoon of Sunday, September seventeenth, and

(13:51):
that when the family sat down to eat the ice cream,
that Gerald was not at home but was playing in
the neighborhood and did not come in until after the
family had finished the ice cream. He reported that Gerald
asked if he might take the residue and the dishes,
put it in the freezer and freeze it over. He
testified that he assisted the boy breaking ice to pack

(14:15):
the freezer for this operation. On questioning by Prosecutor Johnckman,
he denied that there was any of the ice cream
batter not used originally and that any leftover batter was
frozen for Gerald. Other witnesses indicated that this was the case,
but both Van Gilder and his wife, when she was
on the stand, testified this was not true. Van Gilder

(14:39):
explained that after eating the ice cream, that Gerald assisted
him with the dishes and then went out to play.
That he returned some time after nauseated, and upon becoming
more ill, was put to bed. He insisted that he
went out at eleven o'clock and placed his first telephone
call for the doctor, and that he placed number of

(15:00):
calls from the Hall Street police station. He related that
after he had finished with the dishes, that he started
out for the corner of Hall Street and Division Avenue
for the purpose of purchasing some cigarettes, and that when
he arrived at the store it was full of people,
and he walked on down to the Stockton drug Store
at Division Avenue in Franklin Street. Asked if he met

(15:23):
anyone on his walk whom he knew or with whom
he talked, he said he did not. At this point
he was excused from the stand and other witnesses were called.
Miss Mattie Frickard of Division Avenue South, told the jury
that she met Van Gilder, whom she knew, in front
of the store at Franklin and Division, on the Sunday
night in question, and that she had a talk with him.

(15:47):
The conversation, which was general at the start, took an
intimate turn, she said, when Van Gilder began to discuss
with her his family affairs and told her that he
was having some trouble at home. Miss Frickert said that
mister Van Gelder told her that Missus van Gelder had

(16:07):
said he might come home some night and find them
all laid out. Roland Hallie, general agent for the John
Hancock Life Insurance Company, testified that a policy for two
hundred and eighty dollars was taken out on the life
of Gerald van Gelder by his parents on August thirtieth
of this year, and that he believed the policy was

(16:29):
placed in the hands of the family. About a week later,
missus Ida Vanderheldt told how Van Glider had called her
to the house at about four o'clock because Gerald was
very ill, and how she went to the Hall Street
station and called for the doctor. She said Van Gilder
had told her he had placed calls for a doctor

(16:51):
with the City Physician's Office at eleven and eleven thirty pm,
midnight and two and three am. Downey night clerk at
the City Hall said her record showed that calls had
been received at four, four fifteen and four forty am.
On the last call, she said she was instructed to

(17:13):
ask headquarters to send an ambulance, which she did. Sergeant
Ray McBride, on duty at the Hall Street station from
eleven forty five pm September seventeenth until eight am September eighteenth,
said he first saw Van Gilder about three o'clock on
Monday morning, and that at that time he placed a

(17:35):
call at the City Physician's Office He said the father
came back in about half an hour and he again
called the doctor's office, but that Van Gilder did the talking.
He reported that Van Gilder did not come back again,
but that Missus Vanderhelt came in a little later and
placed two calls. Doctor William Jerman, pathologist at blodge At Hospital,

(17:59):
testified he found sufficient arsenic in Gerald's body to easily
produce death. Asked if he had any arsenic in the house,
Van Gilder said he did not. He said he did
not know what arsenic looked like, but admitted to Prosecutor
Jnckman that he did know what arsenic of lead was
and had used it on a farm near Rockford this

(18:21):
summer where he was working. October fifth, nineteen thirty three,
William Van Gilder waived examination when he appeared before Judge
Frank A. Hess And Police Court charged with the murder
of his son Gerald. The warrant was read to Van

(18:45):
Gilder by prosecuting attorney Bartel Yonkman, who then explained carefully
to Van Gilder just what steps he could take in
police court. Van Gilder said he would waive examination. It
as understood he had been instructed to do this by
Attorney John DeJong. Van Gilder was removed late yesterday afternoon

(19:05):
from his cell at Police Headquarters, where he had spent
just seven days, to the County Jail to await his
appearance before Judge Thatius B. Taylor in Superior Court. Just
when the case will be heard was not immediately decided.
The father showed no emotion as the warrant was read
to him. He stood before the bench next to Prosecutor

(19:28):
Jockman and listened intently to the reading of the document.
The warrant is in twofold form. One of the charges,
first degree murder, is supplemented by account alleging murder languishing.
This count was made necessary because Van Gilder is charged
with administering arsenic to the boy on Sunday, September seventeenth,

(19:52):
and the death did not occur until the following day.
Prosecutor Jockman prepared the warrant yesterday man warning after he
had carefully reviewed the evidence gathered by the police department
and offered at the coroner's inquest. When the jury fixed
death by arsenic poisoning but did not place responsibility for the.

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(20:36):
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Speaker 2 (21:03):
November seventh, nineteen thirty three, ten year old Dwayne van Gilder,
whose father, William Van Gilder, yesterday went on trial in
Superior Court on a charge of murder, proved a surprise
witness when placed on the stand by prosecutor Jonkman. The parent,

(21:25):
it is alleged, placed arsenic poisoning and ice cream given
Gerald on Sunday afternoon, September seventeenth. The cream eaten by Gerald,
the father had told officers, was made by refreezing the
leavings from the dishes of other members of the family.
Gerald not having been present when the family was served.

(21:46):
The father was said to have denied that there was
any batter left from which the first batch of ice
cream was made. Dwayne was asked by the prosecutor who
mixed up the ice cream? My mother did? The boy answered,
was there any left? After everyone was served, answer no question.

(22:08):
What was that was left in the cake pan was
used to mix up the ice cream? The prosecutor asked,
it was cake frosting. The boy responded, question, are you sure?
Answer yes, my mother told me so. Dwayne is a
pupil in the four to one grade of Buchanan School,

(22:28):
and the prosecutor asked, when I called on you that
day at Buchanan School, I asked you what was in
the dish? What did you tell me? The boy dropped
his head and did not reply. Finally, Judge Taylor, who
was hearing the case, took up the questioning and urged
the boy to answer. I said it was some of

(22:48):
the stuff for the ice cream. Dwayne then told the prosecutor.
But when I got home and I told my mother,
she said it was cake frosting. Question. You knew it
was not cake frosting. But was the stuff that ice
cream was made of? Because you had looked into the
dish and had seen it, didn't you? Dwayne answered yes.

(23:11):
A previous witness had said that the original dish set
aside for Gerald, had apparently disappeared, and that the father
had insinuated that Dwayne might have eaten it. This the
boy denied. Later, mister Jockman drew from the boy the
statement that the family had no frosted cake that day.

(23:31):
He said, we had cupcakes, but there wasn't any frosting
on them. Question, was the stuff in the pan chocolate color?
The answer yes, question, and you had had chocolate ice
cream that afternoon, hadn't you? Yes, the boy replied. Attorney J. W. Lindsay,

(23:54):
for the defense, sought to make the boy admit that
the family had layer cake that afternoon as well as cupcakes,
but the boy said that there was no layer cake
served while he was in the house. He went outdoors
to play immediately after eating the ice cream, he said.
Prior to the boy Dwayne taking the stand, Missus EVAs Seely,

(24:18):
sister in law of Van Gelder, told of visiting the
van Gelder home that Sunday afternoon and of having been
served ice cream, stating that Missus van Gilder had become
ill after eating but a few mouthfuls and had vomited it.
They were served ice cream and cakes. She testified, stated
the ice cream had been frozen and served by Van Gilder.

(24:40):
All of the family except Gerald were present and ate
the ice cream. She testified that Gerald came in and
asked where his dish could be found. Missus van Gilder
told him it was on the dining room table, but
he had complained he could not find it. She quoted
the father as saying, I'll bet that damned little snot

(25:01):
of a Dwayne ate it. Gerald went into the kitchen,
and as they sat in the front room, she heard
the ice cream freezer turning, she testified. Later Van Gilder
returned with the cup he had taken from a cupboard
and drew some water from a faucet. He inquired what
was in the pan and was told by Missus van

(25:21):
Gilder it was the ice cream batter, whereupon she dumped
the water into the sink. In addition to the dish
of ice cream set aside by Missus van Gelder, Missus
seely was not sure that the baby had eaten any
She did not notice what became of it from her observations,
She testified on cross examination, mister Van Gilder and Gerald

(25:45):
got along like any father and son. Naturally would Van
Gilder called poker face by Assistant Prosecutor Bolt during questioning
at the time of his arrest. For the first time
during the trial, Le displayed emotion during the testimony of
missus Ida Vanderhyde, a neighbor of two fifteen Hall Street, Southwest,

(26:08):
who told of being summoned to the Van Gilder home
about four a m. On the morning of September eighteenth
by Van Gilder himself. The woman said she hurriedly dressed
and went to the Van Gelder home, where she found
mister and missus Van Gilder with Gerald very ill on
a cot in their dining room. As she told of

(26:29):
going to the third Precinct Police station at Hall Street
and Ionia Avenue, about two blocks distant, to phone the
city Physician's office for a doctor, Van Gelder wept and
applied a handkerchief to his eyes. Later he regained his composure.
On cross examination by Tourney Lindsey, she described how the

(26:51):
boy's father was apparently doing all he could to care
for the youngster, applying coal packs to his head and
otherwise attempting to alleviate his sol The woman was asked,
did you talk to Gerald? She answered not at first,
but after I had been there about half an hour,
I asked him how he felt, and he said, oh,

(27:12):
my stomach in my back. Much of the testimony hinged
on what time Van Guilder placed his first call for
medical assistance, and during the testimony of miss ethel Downey,
night clerk at City Hall, who received the calls, Attorney
Lindsey charged that he knew all about the little politics
entering into the case. Miss Downey testified that she received

(27:36):
her first call in the case at four a m.
From Sergeant Ray McBride of the Hall Street station. She
immediately called doctor Eggleston of the City Physicians staff, and
he informed her that he would begin getting ready, adding
that if any more calls came in to let him know.
She had informed the physician that Sergeant McBride said the

(27:57):
Van Gilders were much excited over the boy's condition. Testimony
of doctor William Jerman, pathologist of Blodgett Memorial Hospital, was
to the effect that examination had disclosed sufficient quantity of
white arsenic in Gerald's organs to cause death. White arsenic
an oxide has the appearance of powdered sugar, has no

(28:21):
taste peculiar to itself, and is not easily detected when
placed in food. He testified. Robert Caine salesman for the
John Hancock Life Insurance Company related that he had visited
the Van Gilder home in August in response to a
request from Van Gilder, who informed he wanted to reinstate

(28:41):
some policies on his wife and five children which had lapsed.
Cain informed him it would be cheaper for him to
take out new policies, which he did. The largest policy
was for five hundred dollars on the life of missus
Van Gilder. That on Gerald was two hundred and eighty dollars.
The total premiums paid was ninety nine cents a week.

(29:04):
The policies were delivered either August twenty sixth or twenty eight,
he said. Van Gilder informed him that through unfortunate circumstances
he had been forced to drop the original policies. He
had lately been employed, but had been injured and was
receiving compensation and would be able to keep up the

(29:26):
weekly payments, Cain said Van Gilder told him. Van Gelder
told reporters he fractured his wrist while working on South
Division widening. The family has been on the city welfare
rolls off and on since nineteen twenty seven. Frank O'Malley,
chief of Detectives of Grand Rapids Police Department, gave the

(29:49):
first testimony, which tended to reveal conflicting statements made by
Van Gilder after the boy's death. Van Gilder, he testified,
originally told him i under questioning, that he had placed
his first call for the city physician at about two
thirty or two forty that Monday morning. Later, he said

(30:09):
Van Gilder had told him it was about midnight Saturday night.
Still later, in the presence of Superintendent Kincaid, the father
placed the time at about eleven o'clock Sunday night. O'Malley testified.
Another alleged discrepancy in the parent statement was that he
at first told the officers he had made the first

(30:30):
call in the office of a nearby creamery, and later
said it was at the Hall Street police station that
he had made the call. Attorney Lindsey succeeded in drawing
from the state's witness at the morning session the fact
that Van Gilder had displayed grief over the death of
the boy that he insisted upon a good funeral the

(30:50):
cost to be defrayed from the two hundred and eighty
dollars life insurance policy carried upon the lad's life rather
than have an eighteen dollars city indigence funer, and that
he had expressed a desire to have a post mortem
examination performed upon the body. These witnesses also testified either
that Van Gilder had remarked about the alleged failure of

(31:14):
the city physician's officer to respond promptly to his calls,
or that he had complained of this alleged tardiness. Police
officers Ralph Randall and John Murphy of the ambulance crew,
told of Van Gilder meeting them when they answered the
call for the ambulance, and, showing evidence of having been weeping,

(31:36):
said it's two late boys. The boy is dead. Both
testified that the father had told them there was a
tent in the rear of the house where the kids
had been playing. Officer Randall quoted Van Gilder in saying
that the boy probably ate something in the tent. November eighth,

(32:00):
thirty three, Goodie, Goodie Gander, I'm glad he's dead. That
was the reaction of one of thirteen year old Gerald
Van Gilder's playmates when eight year old Betty Page told
Henry Miatas eleven the Van Glider boy had succumbed to poison.

(32:20):
Betty declared from the witness stand in Superior Court yesterday
afternoon after she accused Miadas of putting white and red
stuff on half of muskmelon and giving it to Gerald.
Betty's testimony featured yesterday's session of the murder trial of
William van Gilder, father of Gerald, who is charged with

(32:43):
having caused his son's death by administering arsenic to the youngster.
The testimony apparently reflected the ramblings of a juvenile mind
or efforts to school the child witness. Her naive replies
under examine ationation, and her indifference to dates and places

(33:03):
caused even jurors and defense attorneys to smile broadly. Betty
was the first witness for the defense, which began its
inning after Judge Taylor denied its renewed motion to dismiss
the case and to order a directed verdict of not
guilty for the respondent. Bob Haired and comfortable in the

(33:24):
witness chair, the blonde little girl swung her legs contentedly,
seeming to gather courage and confidence as she gazed into
friendly faces. The fact that her testimony was greatly at
variance with facts in the case appeared to bother her
not at all. Before she began her testimony, Judge Taylor

(33:46):
queried her as to whether she could distinguish between a
lie and the truth, and she nodded her head affirmatively.
She said her family and the Meotis family were neighbors
of the Van Gliders. Then she began a weird recital,
insisting during the telling, however, that all the events she
pictured occurred last Sunday. Neither judge nor prosecutor could shake

(34:12):
her memory on that score. The Van Gilder boy died
Sunday night, September eighteenth, nearly two months ago. Betty told
court and jury that young Van Gilder, Myotis, and some
other boys were taking a couple of bicycles apart, and
that Myotis got mad at Van Gilder and went into

(34:34):
his house with another boy. Peeking through a kitchen window
of the Myota's home, Betty said she saw Myotis cut
a musk melon in a half, sprinkle one of the
halves with a white powder, and then with some red powder.
Coming outside, he told her he was going to give
the melon to Gerald, but cautioned her not to tell

(34:55):
Gerald it was poisoned. Betty then saw Gerald take and
cut the the half melon, she testified, although she said
to him, I wouldn't need to if I were you,
it's poisoned. Betty also testified she had heard my otis
swear at Gerald and threaten I'll get you yet. Prosecutor

(35:16):
Jonkman asked the diminutive witness kindly, Betty, do you ever
have dreams? No, she replied, shaking her head. Are you
sure you're telling the truth? Betty nodded yes. Question do
you know what day of the week this is? This
question floored Betty. After a brief hesitation, she nodded negatively.

(35:38):
The prosecutor queried, to whom did you tell this story before?
Answer to the man in the office? Question anybody else?
Answer the lady who brought me down here. Hearing of
another defense witness, Leo Heinzelman, fifteen of eleven forty nine
Walnut Avenue, closed yesterday's testimony. He evidently was placed on

(36:03):
the stand in order to establish at young Van Gilder
was well and happy. About four pm on the day
of his death, He said he rode his wheel to
the Van Gilder home, arriving there at that hour, and
saw Van Gilder and a couple of other boys working
on a bicycle. He left soon afterward. Eleven witnesses for

(36:25):
the state were presented yesterday morning, including four members of
the Veterans Democratic League, who testified that instead of insisting,
he placed his first call for a member of the
City physician staff at eleven o'clock the night Gerald was dying.
Van Gilder declared at a meeting of the League the
following Friday that he first called at six or seven pm.

(36:48):
Defense Attorney Lindsay sought to develop through the League members
that the questioning of the purported failure of the city
to give medical service was a political issue. Witnesses who
deny this were doctor Earl Reynolds, Charles E. Messner, William Haysman,
and Claude Sherman. All stated Van Gilder said he called

(37:09):
City Hall between six and seven pm. They said. Van
Gilder joined the organization on the Friday following his son's
death and complained of the service given by the City
Physician's office. A resolution was presented instructing Commander Reynolds to
take up the question with the State Welfare Department and
the Governor's office, but this was amended, giving authority to

(37:32):
doctor Reynolds to confer with the Superintendent of Police, R. D. Stropaul.
A reporter called by the prosecution, referred to a conversation
he had with Van Gilder four days following his son's death,
when he said Van Gilder declared that his son had
frozen the ice cream in which the state alleges the
boy was given arsenic. Then Missus van Gilder reminded her

(37:55):
husband that the respondent had frozen the ice cream, and
then Van Gildt admitted that he helped the boy. Stroe
Paul added that the father told him he had heard
rumors that Gerald had been playing with the Myotis boy,
that Myotis and another companion had stolen two bicycles from
the airport, and that Gerald had been threatened by the

(38:17):
boys because he was aware of the theft. Van Gilder
told the reporter the latter said that the Myotis boy
had told Gerald he would fix him, and then gave
Gerald half a musk melon to eat, and that Gerald
ate his portion while the Myotis Boy didn't. The Myotis
Boy on the stand admitted having stolen the bicycles with

(38:39):
a companion, but denied statements attributed to Van Gilder about
the melon. He said he neither had nor saw melon
on the day of Gerald's death. Pressing for dismissal of
the case and a directed verdict for his client, Attorney
Lindsay declared that the state had been unable to present
evidence of a particle of guilt on Van Gilder's part.

(39:03):
He termed the proceedings all piffle, declaring that should the
jury bring in a conviction, it would never stand up
in the higher courts. His associate, attorney, Leland D. Phelps,
asserted that the prosecution of Van Gilder was merely in
retaliation for complaints made against the conduct of the City
Physician's office. In opposing the defense motion, prosecutor Junkman declared

(39:29):
that although the prosecution did not have an open and
shut case, there were circumstances in the Van Gilder Boy's
murder that tended to incriminate the father. The only missing
link is the prosecutor's case, he added, quote is that
we cannot prove where the poison was purchased. Unquote. November eleventh,

(39:53):
nineteen thirty three, William Van Glider broke down on the
witness stand in Superior Court yesterday afternoon, shortly after he
had been called by counsel to testify in his own defense.
It was while Van Glider was relating how the boy
had died in his arms after futile phone calls for

(40:16):
a city doctor that the father sobbed, choked, and answered
questions in a husky voice. He had testified that he
and a neighbor, missus Anne Vanderhyde, had made several phone
calls to the city Physician's office from the third Precinct

(40:37):
police station, but had been unable to procure medical services
for his boy, who was growing worse hourly. Quote. I
had just given Gerald a large glass of peppermint water,
which previously had seemed to relieve him, and asked him
how he felt. He replied weakly better, and then laid

(41:01):
back in my arms and passed away, the father told
the jury. Van Glider went into lengthy explanations carefully phrased
on his direct examination by attorneys Leland D. Phelps and J. W. Lindsay.

(41:22):
Later he was severely grilled by prosecuting attorney Bartle J.
Johnkman on cross examination, the state's attorney shooting questions which
left the witness withered. At the close of the day,
Van Gilder appeared to avoid the eyes of his questioners,
gazing either at members of the jury or at spectators

(41:44):
who jammed the chamber. He was still on the stand
when the day's session ended. The witness maintained on direct
examination that his first call to the city Physician's office
was made about Sunday midnight. His son died at four
forty o'clock the following morning. Previous witnesses have testified Van

(42:06):
Glider told them the calls were made between six and
seven pm, eleven PM, eleven thirty pm, one thirty am,
and at about three am. After giving his version of
events leading to the boy's death, Van Glider denied that
he had met missus Loreen Frickert that evening, as she
has testified, but that their last meeting had been on

(42:27):
the night of August twenty six, just before the doctor arrived,
an ambulance and an undertaker came. Van Gilder testified among
neighbors in the house after Gerald's death was a Missus
Marguerite Holly. There was some discussion as to whether the
boy could have eaten something that caused his death, and

(42:48):
Missus Holly said that she had heard that my son
and some of his playmates had eaten muskmelon in a
tent that had been erected in the rear of the
Myotis house, one of our neighbors. The tent had been
taken down, but the ambulance driver got a flashlight from
the car and we went over the ground where the
ten had stood and found muskmelon and watermelon rinds. After

(43:11):
relating that one of the two clocks in his dining
room had stopped soon after his son's death and that
he might have confused his statements as to the hours
of telephone calls to the city Physician's office by glancing
at one time piece instead of the other, Van Glider
told how Coroner Wolf and city detectives had visited his home,

(43:34):
questioned him about his boy's death, took him to police headquarters,
where he was again questioned and booked for investigation, and
then locked him in a cell. When he was taken
to the cell block, he said Detective Anning Taylor pushed
him past a cell containing a mattress to one that
had a plank, put him in, and with the plank,

(43:55):
he quoted Taylor as telling the turnkey, maybe he'll be
ready to talk in the morning, completing van Glider's Completing
van Glider's direct examination, Attorney Lindsey asked him if there
was any reason why he should have taken his son's life,
and the witness replied vehemently. No. Prosecutor Junkman endeavored to

(44:21):
trip Van Glider on the statements he had made regarding
the time of his phone calls and events leading to
his son's death, but he made little progress along that line.
He brought from the witness, however, the information that his
son was deaf in both ears. Van Glider had stated
Gerald was the last of the family to eat ice

(44:42):
cream on the day he died. He described how the
boy who had been playing outside romped into the house,
saw the used ice cream plates and asked where his
share was. The father said he told him he would
find it on the kitchen table. Now, question the prosecutor.
You said your son was death. How could he have

(45:04):
heard what you said when you told him where to
find the ice cream. Van Glider explained Gerald had been
attending lip reading classes for some time. The prosecutor, pointing
a finger at the witness, then demanded Van Glider tell
him why, as a former member of the police department
and reading in the newspapers about the finding of arsenic

(45:27):
in his son's body, he has studiously avoided contact with
the police department. The witness replied, quote, I never had
thought Gerald died from arsenic and my experience as a
policeman has taught me not to meddle with police affairs.
I considered the police competent and fit to make the
investigation into my son's death without my interference. Mister Johnson shouted,

(45:53):
isn't it true that you knew the cause of Gerald's
death and that when you read of the finding of
arsenic in his body, it wasn't news to you, and
that you were afraid of the police to the extent
that you didn't seek the assistance of two detectives when
you encountered them on the street near your home. Van
glide or protest that that's not the case. One reason

(46:15):
I didn't ask police, aid, was that my wife was
sick and I couldn't leave her. The other is that
as a former policeman, I didn't care to meddle in
their affairs. Betty Page, eight years old, who told the
jury Tuesday she had peeped through a window on the
Myota's home and saw Henry put white and red powder

(46:35):
on half a musk melon and given it to Gerald,
and then saw Gerald eat it later on informing Henry
of the other boy's death, whereupon Henry expressed elation. Was
placed on the witness stand again yesterday by prosecution and
subjected to additional cross examination, during which she repudiated her

(46:57):
previous testimony. It was set she had been taken to
the Miyota's home yesterday morning, where it was ascertained she
was not tall enough to have looked through the Myotis window.
Attorney Lindsey placed on the stand Miss Dorothy huzinga stenographer

(47:17):
in his law office, who testified she had charge of
Betty Tuesday, but that she had heard nobody tell Betty
how to testify. A deposition taken from missus Clydis Page
at her bedside was read into the record. It stated
Missus Page, mother of Betty, had heard Henry Miotis say

(47:39):
while he was taking a bicycle apart with some other boys.
I'll get you yet, but the witness said she did
not know to whom the statement was directed. Missus Sylvia
van Glider, Gerald's mother denied on the witness stand yesterday
several statements attributed to her by police officers and other

(48:00):
prosecution witnesses and related events in connection with her son's
death substantially as they were recounted later by her husband.
It is probable that the case will be given to
the jury sometime this afternoon. The prosecution announced that it
desired to call several more witnesses and there will be

(48:20):
some rebuttal testimony. It was indicated November tenth, nineteen thirty three,
after deliberating five hours and ten minutes, the Superior Court
jury considering the case of William van Gilder was sent
to the Row Hotel at ten fifty o'clock last night

(48:43):
by Judge Taylor. The jury had indicated in a message
to the court that an agreement seemed impossible, and accordingly
its members were escorted to the jury box. More than
one hundred persons were sitting in the courtroom, and many
of them skipped their evening meal to be on hand
when the jury reported. Judge Taylor asked as the jury

(49:07):
reached a verdict, replied, Foreman William lean House, your honor,
the jury is deadlocked, and all I want to know
is if you have reached a verdict. The judge repeated, No,
said mister lean House, said Judge Taylor, Well, you men
have been on the job about fourteen hours and i'd
call it a full day's work. I should like to

(49:30):
give you more time to consider this case, so you
will retire to the jury room to await officers who
will escort you to your sleeping quarters. It is unnecessary
for me to caution you not to permit communication with you,
and you will not communicate with others until this case
has been decided. It was reported that a majority of

(49:51):
the jury was in favor of the acquittal of Van Gilder,
with two or three members standing out for conviction until
the number simmered only one or two who continued to
reject the pleas of other jurymen that the body agree
on an acquittal verdict. During the long hours the jury
was in session, Van Gilder paced the ante room of

(50:13):
the Superior Court Clerk's office. He appeared visibly nervous From
time to time he chatted with his wife seated nearby.
Some friends sought occasionally to cheer him, but he seemed
downcast and moody. Van Gilder sobbed into his handkerchief, and
his forehead was wet with perspiration. During Judge Taylor's charge

(50:36):
to the jury, which was of a character to lend
a measure of encouragement to the accused man, Judge Taylor
reviewed the four days testimony at some length, pointing out,
among other things, that the state had produced no evidence
that Van Gilder was beneficiary under a two hundred and
eighty dollars policy taken out on his son's life, or

(50:58):
that the money was to go to the father in
the event of the son's death. He told the jury
that the case revolved on circumstantial evidence, and advised them
of the legal value of that kind of evidence. He
reminded that a premeditated murder, such as involving the administering
of arsenic or other poison, was, under the statute, a

(51:20):
first degree murder case, and that the jury in the
case of Van Gilder would have to be satisfied within
reasonable doubt that Van Gilder had administered arsenic to his
son before it could decide on a conviction. In their
closing arguments, Prosecutor Junkman and Attorney Lindsey exchanged the usual
verbal bouquets, the prosecutor declaring at the time that quote,

(51:45):
never have I tried a case when there was so
much fixed testimony unquote, and Lindsey retorting that's what he
always says in cases in which I appear. Lindsey added,
I'd hate to have the sort of low mind the
prosecutor possess is so low that he would prosecute this
case further after all the PIFL evidence he has heard.

(52:07):
Lindsay charged that cheap politics was at the bottom of
the prosecution because Van Glider and his friends had attacked
the conduct of the City Physicians Department. November eleventh, nineteen
thirty three, Unable to agree upon a verdict after twenty

(52:30):
four hours of deliberation, the Superior Court jury which heard
the trial of William van Gilder late yesterday was discharged
by Judge Statius H. Taylor. The jury, it was learned
authoritatively last night, stood hung at nine to three for acquittal.

(52:50):
It has been hung at this point ever since Thursday evening.
No amount of persuasion could change the opinion of the
descending jurors, was learned, even after certain testimony had been
reread to the jury by the court stenographer noon yesterday
and the judge had restated the four cardinal points for

(53:12):
the jury to decide. Prosecutor bartle j Jonkman will confer
today with Judge Taylor and Police Superintendent Kincaid regarding the
disposition of the case. Judge Taylor had announced early yesterday
afternoon that should the jury not be in agreement by
six o'clock, he would dismiss it and consider a disagreement

(53:35):
entered consequently. When that hour arrived, the jury was summoned
to the courtroom. As the packed room was hushed in suspense,
Clerk Jacob Vanderwadd inquired, gentlemen of the jury, have you
agreed upon the verdict? If so, let your foreman arise.

(53:59):
We have not responded the foreman. Judge Taylor then stated,
mister foreman, and gentlemen of the jury, you have deliberated
practically twenty four hours, either alone or together. Is it
the opinion of the foreman that you could not reach
a verdict, even though further time for deliberation be permitted.

(54:21):
Mister lean House answered, I do not believe it is possible.
It is very much to be regretted. The court then
stated that you cannot reach an agreement. You have endeavored
honestly and conscientiously and sincerely to arrive at a verdict.
But if you feel that you cannot do so, of course,

(54:43):
it is not the province nor the desire of the
court to cause you to be compelled to continue further deliberation,
which no doubt have become somewhat burdensome to you, to
say the least. Mister Foreman, as you say, it is
not possible, even though you have deliberated so since this
time yesterday, to arrive at a verdict. The Court accepts

(55:05):
your statement and the jury is hereby discharged from further
consideration of this case. Van Gilder, who sat at the
table with his wife and mother, apparently under a deep strain,
cupped his chin in his hands and appeared momentarily depressed
at the result. He had expressed confidence throughout the day

(55:27):
to friends and acquaintances that the jury ultimately would return
a verdict of acquittal, with his mother holding him by
the arms. However, He soon regained his composure and converse
calmly with Attorney J. W. Lindsay, his counsel, over the
prospect of emotion for dismissal being entered in court next Monday.

(55:51):
He thanked his counsel for his efforts and was soon
surrounded by relatives and friends. Before being returned to his cell,
Mister Lindsey stated that a motion would be made to
have the case dropped. Hopes for an early verdict ran
high at noon when the jury, through Foreman lean House,

(56:11):
informed the court at noon that some of the members
desired a reading of the testimony of several young playmates
of the dead boy, bearing upon whether he had appeared
ill on the fatal day earlier in the day than
the ice cream which was alleged to have contained arsenic However,
these hopes vanished as hour after hour the jury continued

(56:33):
its deliberations.

Speaker 1 (56:55):
Enjoy ad free listening at the safe House. Dubba Dubba
Dubba dot Patreon dot com, slash True Crime Historian.

Speaker 2 (57:09):
December nineteenth, nineteen thirty three. Miss Dorothy Stanton, a twenty
year old country girl, yesterday in Superior Court charged William
van Gilder forty one, father of five children, with being
the father of her unborn child. Van Gilder, a former

(57:32):
Grand Rapids policeman, is on trial for the second time
on the charge of having murdered his thirteen year old son,
Gerald through administering white arsenic poisoning. The boy died September eighteenth.
The jury in the first trial disagreed and the second
trial was commenced yesterday morning. The young woman, who lives

(57:55):
with her widowed mother near Edgerton, a village near Rockford,
told of her romance with Van Gelder, begun in October
nineteen thirty two in a dance hall at nine forty
nine South Division Avenue. The testimony is regarded as highly
significant by the prosecution, and the witness was subjected to

(58:17):
a severe cross examination by Attorney J. W. Lindsay, Council
for the respondent. Lindsey previously had entered a blanket objection
to the entire testimony of the woman on the ground
that it was prejudicial and incompetent. Under direct questioning by
Prosecutor Bartle J. Johnkman, miss Stanton testified that after her

(58:40):
first meeting with Van Gelder, she met him several times
at the dance hall, and that on about October fifteenth,
shortly after they had first met, she moved back to
the country. She had been living here previously. Then. Van
Gilder worked for her stepfather on their farm. They went

(59:01):
to various places together, she testified, but at that time
were always accompanied by her parents. Van Gilder, she testified,
had told her he was living with his mother and
he was having domestic difficulties, and that he had applied
for a divorce. That was about the middle of October,
she said. Quote. He said that there were money matters

(59:24):
of some sort that had to be straightened out, but
that he thought he just as good as had a divorce.
He said he had about one thousand, one hundred and
forty dollars in a bank in Grand Rapids, but it
seemed as if Missus van Gilder and her lawyers had
it tied up, and he wanted to get his half
of it. Unquote. Question did he propose marriage to you? Answer?

(59:47):
He did in December of that year. Question how did
you answer this proposal? Answer? I said that if I
could stay home with my folks, my answer would be yes.
I didn't want to leave my mother. Question your mother
is a widow? Answer, she is now. My stepfather is
since dead. Miss Stanton stated that Van Gilder went to

(01:00:10):
work for her parents cutting wood, but received no pay
other than his room and board. In so far as
she knew, her stepfather had wanted him to work the
farm on shares, but she did not know what Van
Gilder's answered to this proposition was. Question did he ever
ask you again to marry him? Answer yes several times.

(01:00:33):
At a later date, she testified, Van Gilder spoke of
having appeared in court and been given the custody of Gerald. Quote,
he said he was going to keep Gerald at his
mother's house. He didn't say anything about the custody of
the other children. Question did van Gilder go out to
your farm often to visit you? Answer? Just two or

(01:00:55):
three days a week. When she came to Grand Rapids,
they would usually meet in camp House Square, she testified.
Miss Stanton asserted that it was not until she had
read in the newspapers of the murder charge that she
learned definitely that Van Gilder had not been living with
his mother as he had told her. She had surmised
that he was not telling the truth. However, Questioned concerning

(01:01:19):
her alleged intimacy with Van Gilder, she testified that this
intimacy had begun before he had told her he had
obtained a divorce. Question who is the father of your child?
Answer William van Gilder. She said she had told Van
Gilder of her condition and he had advised her to

(01:01:41):
take medical treatment. On the day of the State Convention
American Legion Parade last August, she related she met Van
Gilder again in Campause Square and he told her to
go to a local jewelry store to look at some
wedding rings. Attorney Lindsey and Cross, examining it, sought to
bring out that the acquaintance of the two had been

(01:02:03):
the result of advances made by the young woman. Question,
when you first saw Van Gelder at the dance hall,
you liked his looks and wanted to get acquainted with him,
didn't you. The young woman sought to evade the question,
but Attorney Lindsey persisted, you took a fancy to him
the first time you saw him, didn't you, Yes, was

(01:02:26):
the answer. The attorney tried to bring out that the
young woman had endeavored to pick Van Gilder as a
partner in a robber's two step, but was unsuccessful. Van Gelder,
she said, just asked her to dance, and that was
how they became acquainted. The attorney forced the witness to
admit that later Van Gelder's wife had been pointed out

(01:02:49):
to her, and that on other occasions when she had
visited the dance hall she had seen Missus van Gilder.
At a still later date, she admitted she learned that
vanvan Gilder was the father of three children, and eventually
she found out that he had five youngsters. Lindsey questioned,
you took a fancy to him at the first time

(01:03:10):
he saw him, and you had a fancy for him
all the time, didn't you. And you still liked him
after you knew he had a wife. The young woman
would not admit that at that time she was in
love with Van Gelder, but said she liked him Likewise,
she admitted that it was upon her invitation that Van
Gilder first visited her at the farm. Quote he asked

(01:03:33):
me if there was good hunting around there, and he
came up hunting unquote. Later arrangements were made for him
to return and cut the wood. The defense sprang a
surprise earlier in the afternoon, when Attorney Lindsay closely questioned
doctor William Jerman, pathologist at Blogged Hospital, who had examined

(01:03:55):
the contents of the dead boy's organs and had described
arsenic poisoning as the cause of death. Various technical questions
were hurled at the witness on cross examination, with Attorney
Lindsey seeking to cause the expert to admit that other
poisons might have caused death. At one point, Attorney Lindsey
provided doctor Jerman with pencil and paper and had him

(01:04:18):
calculate that one and one half hundred milligram of arsenic
poisoning to which the expert had referred was less than
the amount than can be put on the point of
a needle. However, while doctor Jerman admitted that vomiting and
other symptoms displayed by Gerald before death might have followed
tomain or other kinds of poisoning, he insisted later in

(01:04:42):
answer to a question by Fred N. Searle, assistant prosecutor,
that he was quote absolutely certain that he had found
enough arsenic to have caused death unquote. At the first trial,
doctor German was subjected to but perfunctory cross examination. The
prosecutor's opening statement, in which he said he would attempt

(01:05:05):
to show that Van Gilder had planned to kill his
wife as well as one of his children in order
that he might marry Miss Stanton, was vigorously objected to
by Attorney Lindsay, but was admitted by Judge Taylor over
his objections. December twentieth, nineteen thirty three, Yesterday afternoon's testimony

(01:05:31):
was concluded with the reading by Jarrett Bwist, court reporter,
of the transcript of the testimony given by Van Gilder
at the inquest conducted last September. In this testimony, Van
Gilder told of having used arsenate of lead for spraying
potatoes on the farm near Rockford upon which he had
worked last summer. The Van Gilder boy's death was ascribed

(01:05:54):
to arsenic poisoning, and the father's charged with having administered
it an ice cream eaten by the child. Van Gelder
broke down for the first time during the present trial
when Buist read the respondent's own account of the final
sufferings of the boy, with his face buried in his handkerchief.
He shook with sobs and was comforted by his aged mother,

(01:06:17):
who placed her arm around his shoulder. Later, Van Gilder
regained his composure. Miss Lorraine Frickert, who upon several past
occasions had insisted that she conversed with Van Gilder at
South Division Avenue in Franklin Street, on the evening of
September seventeenth, repeated this assertion yesterday afternoon. She declared, as

(01:06:41):
upon previous occasions, that the respondent had told her he
was having domestic difficulties, and that Missus van Gelder had
told him that sometime he would come home and find
herself and the children laid out. Van Gelder, she repeated,
told her he didn't care for his wife, but loved
his child. The respondent has repeatedly denied that he engaged

(01:07:04):
in such a conversation with Missus Frickett, but the woman's
six year old daughter, Kathleen corroborated her mother's statement. She
said she saw her parent in conversation with Van Gilder,
and that he had given her a penny. Missus Kate
Myotis of two seventeen Hall Street, neighbor of the Van Gilders,
told of a tent in her yard in which the

(01:07:26):
boys of the neighborhood had been playing, but which had
been taken down on Saturday night, September sixteenth. It was
in this tent that Van Gilder told police that he
believed Gerald might have eaten something which caused his illness.
Henry Myotis and Martin Schultz, twelve and eleven years old, respectively,

(01:07:46):
were questioned regarding the happenings of the Sunday afternoon when
they were playing with Gerald van Gilder. They told of
him having become nauseated while at play. A clash between
Prosecutor John Kunkman and Attorney Lindsay Defense council enlivened the proceedings.
The Schultz lad contradicted himself as to whether Gerald became

(01:08:10):
ill before he went into the house to eat ice
cream and cake or afterwards, and the attorneys each charged
that the other was intimidating the boy. The argument was
climax when Prosecutor Johnkman threatened to put Attorney Lindsey on
the stand, then the latter accepted the challenge. Judge Statius B. Taylor, however,

(01:08:30):
ruled such a procedure unnecessary, first showing by the prosecution
that Van Gilder at any time had possessed any arsenic
was made in the morning session when John C. Kirk
of Rockford related that he had seen the respondent with
a preparation containing arsenic in September nineteen thirty two, in

(01:08:52):
which he used for killing cockroaches and ants in the
home on Cass Avenue Southeast where the Van Gilders were
then living. See Kirk testified that Van Gelder had told
him at the time quote it was arsenic mixed with
something else. Questioned by prosecutor Junkman, did you ever hear
Van Gelder mention arsenic at any other times? Answer? Yes,

(01:09:17):
Sometimes if things were not working right, he'd say, oh, arsenic.
The witness testified that Van Gelder sprinkled the arsenic around
the mop boards at the house. Tourney Lindsey asked the
witness on cross examination, did you ever use any cockroach powder? Answer?
No question, just let him run around. The witness laughed,

(01:09:41):
and so did the audience in the courtroom. The freezing,
serving and consumption of the chocolate ice cream at the
Van Guelder home on Hall Street on the afternoon of Sunday,
September seventeenth was related in detail once more by missus
Eva seely of Galewood van gilt sister in law, and

(01:10:01):
herself the mother of nine children. The state charges Van
Gelder put poison in the ice cream December twenty one,
nineteen thirty three, with his liberty for the balance of
his life possibly at stake. William Van Gelder, forty one

(01:10:25):
and a former patrolman, took the stand in his own
defense in Superior Court yesterday afternoon. He is charged with
murdering his thirteen year old son, Gerald, who died of
arsenic poisoning early on the morning of September eighteenth at
their home at two oh five Hall Street, Southwest. The

(01:10:46):
prosecution contends that Van Gilder also sought to take the
life of his wife, Sylvia thirty six. Van Gelder emphatically
denied both charges after testifying unhesitatingly to the events immediately
prior to and subsequent to the boy's death under questioning
of Attorney J. W. Lindsay. The respondent was in the

(01:11:09):
midst of what promised to be a withering cross examination
at the hands of Prosecutor Jonkman at a German time.
The prosecutor is expected to delve into the relations of
Van Gilder with twenty year old Dorothy Stanton of Edgerton.
The young woman has testified that Van Gilder was the
father of her unborn child, and the prosecution contends that

(01:11:33):
this provided the motive for Van Gilder to endeavor to
kill his wife. Van Gilder's testimony was substantially the same
as given at the previous trial, which resulted in a
disagreement by the jury. Twice during his testimony he broke
down and wept. The first occasion was when he described

(01:11:54):
how the sick boy had stumbled and fallen during the
night and the father had picked him up. The second
was when he told how the boy had slumped back
and died in his arms after he had given him
a drink of peppermint water. Van Gelder repeated that he
personally had made four attempts to summon a physician from

(01:12:16):
the city Physician's office beginning around midnight, and that missus
Ida Vanderhyde, a neighbor, had made two more attempts. The
boy died before medical assistance arrived, and the prosecution is
sought by several witnesses to show that no aid was
summoned until after three a m efforts had been made

(01:12:37):
by the defense to show that there had existed an
epidemic of food poisoning in the neighborhood of the Van
Gelder home, and the respondent testified yesterday that the boy,
upon occasion, had retrieved fruits from garbage cans in the
rear of the grocery stores at Madison Square. The family
was being given relief by the city Welfare Department, and

(01:13:00):
Van Gilder, in response to a question by Attorney Lindsey,
stated that they didn't get too much to eat. Question
by Lindsey, have you ever given Gerald any poison? Answer?
I never have. Question have you ever placed out any
poison for the boy and his mother? Answer no, Sir,

(01:13:20):
I did not. Question if he was poisoned? Had you
any way to learn where he got the poison? Answer
no question. Did you know at the time that he
was poisoned? Answer no question. Were you trying to make
any money out of the life insurance on the boy?
Answer no question. Did you have any reason in the

(01:13:44):
world why you should cause the death of your son?
Answer none? Whatever question? Or the death of your wife?
Answer no question. Do you know anything about white arsenic
Have you ever used any did you ever purchase to
all of these questions, the answer was no question. Did

(01:14:05):
you put any white arsenic in the ice cream or
on the dishes in your home? Answer? I did not.
Previously Van Gilder told how he had made a chum
of Gerald, his oldest boy. He took the lad on
fishing trips with him, and together they were two would
collect junk to sell. On Saturday night, before the lad

(01:14:25):
was taken ill, the father said he had taken him
to a beino game. Missus van Gelder, earlier in the
day testified in her husband's behalf, relating that she herself
had scooped out the ice cream that was served. She
stated that she became ill after eating a few bites
of the ice cream served her, but explained that she

(01:14:46):
had been suffering from nausea and headaches for two days previous.
She set aside her dish of ice cream, and later
Gerald came into the house and ate her ice cream
as well as his own, she testified. Missus van Gilder
admitted she had learned that her husband had been going
out with Dorothy Stanton, but she had not heard that

(01:15:06):
he had proposed marriage to the young woman or that
he planned to divorce her. Maynard Wageman thirteen repeated his
story to the effect that Henry Myotis eleven, had told
him while both were at the juvenile home that the
latter had killed a kid, but the officers were blaming
it on the kid's dad. The Myotis lad lived near

(01:15:29):
the Van Gilder home. A deposition of Missus Cleata, page
of two twenty three Hall Street contained the statement that
on the day Gerald was taken ill, she had heard
the Miotis lad, who was playing with Gerald, say I'll
get you yet. Young Miotis testified Tuesday denied boasting that

(01:15:50):
he had killed Gerald. Six offenses had been charged against
the Myotis boy in juvenile court. Miss Dorothy Newton test
that six offenses have been charged against the Miotis Boy
and juvenile court, ranging from turning in a false alarm
to thefts. December twenty second, nineteen thirty three. Testimony in

(01:16:19):
the Van Gilder case was concluded shortly afternoon yesterday, and
final arguments by prosecutor Bartle J. Johnckman and Attorney J. W. Lindsay,
representing the respondent, were begun. The latter had not concluded
when court adjourned. He will wind up his plea this morning,

(01:16:39):
and following rebuttal, the jury of nine men and three
women will be charged by Judge Thatius B. Taylor. Prosecutor Jonkman,
in his plea to the jury stressed the fact that
it was not incumbent upon the state to show how
Van Gilder obtained the arsenic he is alleged to have used,
or how he administered it. It was alleged he placed

(01:17:02):
it in the ice cream which the boy ate the
evening before his death. The prosecutor made the point also
that even should the poison have been placed in the
ice cream for another person, Van Gilder would be guilty
of murder as the result of the boy's death. The
prosecutor contended the arsenate could have been administered either in

(01:17:22):
powdered form or in solution. Mister Jockman simplified his opening statement,
in which he charged that the motive behind the alleged
crime was Van Gilder's desire to do away with his
wife in order that he might be free to marry
Miss Dorothy Stanton of Edgerton. The young woman twenty years old,
testified that Van Gilder is the father of her unborn child.

(01:17:48):
Attorney Lindsey attacked the prosecutor's theories of how the poison
could have been placed in the ice cream, maintaining that
it would have been impossible for Van Gilder to have
placed it there and powdered for him and can tending
that white arsenic can be dissolved but to the extent
of ten percent, and that in hot water. He also

(01:18:09):
made much of the fact that the cream was dished
up by Missus van Gilder herself, in the presence of
her sister, Missus Eva Seely of Galewood, and three of
the Van Gilder children. Mister Lindsey is expected to touch
upon the respondent's relations with miss Stanton this morning. Van

(01:18:30):
Gilder twice fell back on his constitutional right to refuse
to answer questions of the prosecutor under cross examination at
the morning session, but in the first instance he was
instructed by his counsel to answer. Prosecutor Jockman had been
endeavoring to cause the respondent to admit that his answers

(01:18:51):
yesterday differed in various respects from those given at the
coroner's inquest. Quote, I've had more time while I was
incarcerated in the county jail to think things over and
refresh my memory. Unquote, Van Gilder explained, question, isn't it
true that you had a copy of your previous testimony

(01:19:12):
in jail with you? I couldn't say, Van Gilder began,
but caught himself and replied, I must exercise my constitutional
right and refuse to answer that question. After Lindsey advised
his client that there was no reason why he shouldn't answer,
and Judge Taylor agreed that the question was not incriminating,

(01:19:33):
whereupon Van Gilder answered, I did have. The prosecutor sought
to have the man admit that he had penciled in
different answers to questions in the transcript of the testimony,
but Van Gilder replied that any changes he had made
because his refreshed recollection. Later, Van Gilder was questioned relative

(01:19:55):
to the relations with Missus Dorothy Stanton, a twenty year
old Edgerton girl who had testified that Van Gilder was
the father of her unborn child. The prosecutor asked, were
you intimate with Dorothy Stanton? Answer? I wished to exercise
my constitutional right to refuse to answer. That question, the

(01:20:17):
court sustained his objection. Still later, after he had testified
that he had gone on two fishing trips with miss
Stanton and mister and Missus Armstrong of Rockford, the prosecutor
asked the Armstrongs are fine people. Aren't they answer yes? Question?
Dorothy Stanton is a fine girl. Isn't she answer? I

(01:20:38):
don't care to answer that question. Van Gilder made blanket
denials that he had ever loved the young Edgerton woman,
or that he had proposed to her and had told
various people he was divorcing his wife and intending to
marry Miss Stanton. The girl had testified that upon one occasion,
Van Gilder had asked her to visit a jewelry store

(01:20:58):
to look at rings, but the responded and asserted it
was the young woman who suggested the trip to the store, quote,
there was one ring in the window that she admired
very much, but I told her I couldn't afford to
buy it for anybody. Questioned relative to two previous arrests,
Van Gilder said that in nineteen thirty one, he stole

(01:21:19):
an armful of wood when his family was without fuel
and was convicted of larceny. On another occasion in nineteen
thirty three, he said a friend had borrowed his car
in Muskegon and had broken into a building and stole
some oil. The man later drove the car back to
Van Gilder's home with the oil still in the car,

(01:21:40):
and Van Gilder was convicted of receiving stolen goods. He
denied having knowledge of the other parties indiscretions. Several witnesses
testified to Van Gilder's good reputation in his neighborhood. December
twenty third, nineteen thirty three, William van Gilder did not

(01:22:05):
cause the death of his thirteen year old son Gerald
on September eighteen. It required but an hour and a
half for a Superior court jury to reach this verdict
yesterday afternoon, and the second trial of the forty one
year old World War veteran and former Grand Rapids policeman.
The first trial of the respondent had resulted in a disagreement,

(01:22:29):
with the jury locked at nine to three for acquittal
for nearly twenty four hours. Yesterday's verdict came after a
trial lasting four days. The respondent under added tension due
to a delay of several minutes after learning that the
jury had arrived at a verdict. Until he heard what
the verdict was, broke down and with head buried on

(01:22:51):
the table, wept uncontrollably for several minutes. The delay had
been occasioned in summoning Superior MUG Taylor, who heard the case,
as well as Prosecutor Jnkman and Attorney J. W. Lindsay,
chief of defense counsel, to the courtroom. The acquitted man
was cheered not only by the crowd in the courtroom,

(01:23:14):
but also by his aged mother and his wife, Sylvia,
and after regaining his composure, thanked the members of the jury.
The jury was composed of nine men and three women.
Van Gilder, finally freed of the charge which has hung
over his head since last September, soon left the building
and planned to enjoy Christmas with his family. The case

(01:23:37):
had been given to the jury by Judge Taylor at
noon after the court had completed his charge. The court
listed four elements in the case, advising the jurors that
they must find the respondent guilty of each element or
bring in a verdict of not guilty. The elements were
one that Gerald van Gilder is dead and came to

(01:23:59):
his death by means of a deadly poison known as arsenic.
Two that the respondent William van Gilder attempted to administer
such poison to his wife, Sylvia van Gelder, but that
by mischance it was given to the deceased Gerald van
Gelder in his lifetime. Three that this respondent so attempted

(01:24:20):
to administer such poison to his wife, Sylvia van Gilder,
wilfully and with the intent upon his part to deprive her,
said Sylvia van Guilder of her life. Four That the
said Gerald van Gilder died as a result of taking
by him of such poison, or in other words, that
such poison so attempted to be administered to Sylvia van

(01:24:42):
Gilder by this respondent was taken by Gerald van Gelder,
and that he did not die from any other cause.
Following luncheon, the jury began its deliberation, and at three
o'clock signaled it had reached a verdict. Clinton J. Johnson
of Bradford Street, Northeast had been selected as foreman, and
in response to the usual questions of Clerk Jacob Vanderwall

(01:25:06):
announced the not guilty verdict. It was learned following the
verdict that the jury had been unanimous in declining to
accept the judgment of doctor William Jerman pathologists at Blogged
Hospital that death of the boy had been due to
arsenic poisoning. Attorney Lindsay had vigorously attacked the expert's testimony

(01:25:28):
and sought to show that the symptoms displayed by the
boy could have been caused by tomain or other poisoning. Epilogue,
January fourth, nineteen thirty four. Chief of Detectives Frank O'Malley

(01:25:49):
today will present in juvenile court the purported written confession
of Henry Miotis, eleven, who O'Malley said confessed to him
that he pushed Edward Runesburg, seven into the waters of
Grand River Canal in July nineteen thirty two, causing him
to drown. O'Malley said, young Myotis first told his story

(01:26:13):
to missus George Reed, matron of the juvenile detention home
where the boy had been held since November on suspicion
of stealing a bicycle. He quoted the boy as saying
that he pushed Rudesberg into the water because he wanted
his seat on the bank to fish. Young Rudesberg's body
was recovered the day after the drowning. Myotis was sentenced

(01:26:38):
to the Boy's Vocational School in Lansing to remain there
until he turned seventeen years old. That was allegations of

(01:27:09):
arsenic ice cream. The father stood trial. Called from the
historic pages of the Grand Rapids Herald and other newspapers
of the era, with special thanks to the librarian at
the Grand Rapids Library who gave me access to her
big drawer of murder. If you've got a great historic
murder in your hometown that I've yet to cover, let

(01:27:31):
me know and I'll get it on my list and
maybe even come to your town to investigate. True crime.
Historian is a creation of popular media. Opening theme by
Nico Vitessi. Incidental music by Nico Vitessi, Chuck Wiggins and
Dave SAMs, some music and sound effects license from podcast

(01:27:53):
music dot Com. Closing theme by Dave SAMs and Rachel Shott.
Engineered by David Hish at Third Street Music. Media management
by Sean R. Miller Jones, who also creates a new
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own fertile imagination and yeah, it's still me. I'm true

(01:28:16):
crime historian Richard O. Jones, signing off for now.