While traveling along the National Road through Ohio County I’m sure we all have distinct landmarks we notice, or memories that pop on our travels.
The National Road, America’s first highway, is like a visual book of stories, memories, and history. We’re all characters, in effect, and everyone has a story. Today’s story is about Henry Schmulbach, Hamilton Forsythe, and how an incident that started out as a night of drinking along the National Road turned into a tragedy on August 14, 1878.
In 1878, Schmulbach was having success in the wholesale liquor business, would later established one of the most successful breweries in Wheeling. The man built an empire of business ventures that lead him to become a multimillionaire.
But first, he would have to go on trial for murder.
Between 9-10 p.m., Schmulbach arrived at Frank Walter’s Two Mile House in a buggy driven by 2 horses with a man named Hamilton Forsythe. Upon entering the tavern, they had some wine, and Schmulbach conversed with another patron in the tavern. According to the tavern owner Frank Walters, Forsythe was very intoxicated, disruptive, and Schmulbach ordered him to go outside and sit down.
A Practical Joke Turns Deadly
Forsythe went outside, but instead his intoxication led to a very poor decision. Forsythe took Schmulbach’s buggy and team of horses and started racing them East on the National Road. Shortly after, Schmulbach left the tavern to go riding with another man, but when he found his team of horses was missing he became furious. After inquiring to others about what happened, a man reported that he saw the team of horses near Stamn’s Tavern – near present day Stamn’s Lane.
Forsythe had been at Stamn’s Tavern for a short time scaring patrons and yelling, “I can drive this team! I will show you how I can drive! This is Henry Schmulbach’s team, and my name is Ham Forsythe!”
One of the onlookers, Ed Mendal, would calm Forsythe down and was brave enough to actually get into the buggy with him. Mendal took over the buggy and apparently the men were already acquainted with one another. They both talked about how they were involved in horse racing with Schmulbach. Later, Mendal would say the following, “We talked of several things (in the buggy). He was going to trot a match with Spaulding Wallace for $500, and Schmulbach had put up a check. I told him I had saved $500 for Mr. Schmulbach.”
Schmulbach Gives Forsythe a Good Licking
In record time Schmulbach made it to Stamn’s tavern and approached his buggy and said, “I will teach you to take or steal my team.”
He then attached his foot to the right hub of the buggy and attempted to strike Forsythe over the knee of Mendel, after which Mendel held off Schmulbach. This action provoked Forsythe to say, “I will meet him,” and he jumped off the buggy. Schmulbach ran to the other side and collided with Forsythe. At this point, the two men were entangled. Initially, Schmulbach was underneath Forsythe, but testimony states that Schmulbach quickly rolled over on Forsythe and began to strike him several times.
After this Schmulbach would leave and ride West back to Frank Walters 2 Mile House. Schmulbach commented to Walters that he had given Forsythe a good licking and that, in the process, his shirt collar was torn. As the two men were talking, a wagon drove up to the tavern. By candlelight, Walters went outside with Schmulbach to see that Forsythe was lying in the back of a wagon driven by Mr. Stamm.
Although bruised, bleeding and unconscious, Forsythe was still alive. Walters suggested to Schmulbach that he, “ought not to take such a man riding with him.” Schmulbach replied, “Forsythe is a poor man and wanted a ride.”
Schmulbach appeared sorry for his brutality against Forsythe and said, “I did not think I hurt him; let him stay here for the night.”
Instead, Mr. Stamm drove the unconscious body of Forsythe to the courthouse in Wheeling. Soon after his arrival, a crowd gathered around with curiosity as Mr. Stamm told the spectators of the happenings at his tavern.
Bystanders were shocked by the current state of Forsythe. Shortly after his arrival to the courthouse, Forsythe died. Those who had seen Forsythe earlier in evening reported that he appeared to be “in the enjoyment of excellent health.”
Soon afterward, a coroner’s jury was summoned, and after a day of gathering evidence and testimony, the jury came to the following verdict: “That Hamilton Forsythe came to his death from concussion of the brain, resulting from blows from the fist of Henry Schmulbach, on the National Road, near the Four Mile House. …” Schmulbach then gave himself up to the law and was arrested, after which he posted $10,000 bail.
The first time I heard this story I was in Dr. David Javersak’s class at West Liberty State College in the fall of 2006. I was fascinated to learn that the locations I drove by on a regular basis had changed so much, but with my imagination, I could easily bring myself back to those times.
After reading more about this event I learned it was easy to find out information about Schmulbach, but who was Hamilton Forsythe? Why was he riding with Schmulbach? And were these men really spending that much money on horse racing?
Not much is known about Forsythe, but the papers stated that he was going to inherit $2,500 from his father’s estate in just a few days.
A Quick Verdict
The trial for this case went through one delay and was held in February of 1879.
A recount of the events that took place in August was presented to a packed court room that had to be notified numerous times by the sheriff to maintain order. The crowd erupted with cheers when they found Schmulbach innocent of murder.
The jury probably took into account Schmulbach’s act of self-defense, and the fact Schmulbach, like all people back then treated their horses as pets and they were quite valuable. Forsythe’s reckless actions and Schmulbach’s anger were understandable to many.
Imagine if someone stole one of your pets!
As Schmulbach rose in the business world, the night of August 14th added to his reputation which already included enjoying the night life, drinking, and a heavy gambling. This reputation never slowed Schmulbach down, and that is why he known as one of Wheeling’s most colorful historical characters.
